General terms and conditions of business
for orders in our shop www.abrasivi-theobald.de
Our offer in our shop www.abrasivi-theobald.de directed exclusively to entrepreneurs within the meaning of § 14 BGB, that is, to natural or legal persons or partnerships with legal personality acting in their order in their commercial or independent professional activity (eg masons, sculptors, stone processing plants, tilers, stove fitters, bricklayers, construction companies, floor sander, restorers u. similar).
Consumers - that are individuals whose appointment neither commercial nor its independent vocational activity may be attributed - are not supplied.
Our following terms and conditions are therefore addressed itself only to entrepreneurs within the meaning of § 14 BGB. They apply exclusively. Conflicting or deviating conditions of the customer will only be recognized if we expressly agree to their validity in writing.
European commercial customers outside of Germany need a sales tax identification number (VAT no.) for VAT-free purchase. Without these VAT ID. the German VAT will be charged additionally.
Non-European foreigners (including Switzerland) are generally VAT-free. These foreigners are committed to take all necessary steps associated with the import and the payment of import-VAT of their country and any applicable customs duties and all costs related to it.
2. Conclusion of Contract
The contract is concluded after receipt of order through our written or telephonic confirmation.
3. Delivery time
Delivery is ex works at the risk and expense of the purchaser. Agreed delivery times are binding. Partial deliveries are allowed, unless a partial delivery is not due to the exceptional condition of the goods to be set forth by the purchaser or a special interest reasonable.
The prices of our store are net prices. They do not include the applicable VAT. Our prices are ex works. Shipping costs are additional. In the shop, the shipping costs for Germany are up to a weight of goods of 31.5 kg during the ordering process already expelled. If the weight of the goods about the delivery of the purchased goods the commissioning of a forwarding required under a separate agreement with the customer. A shipping to a destination outside Germany requires a prior special agreement with the customer. Volume discounts are partially deposited under the item master data, and appear automatically when increasing the order-number. Do you have greater need, you will get a special price on request.
Our invoices are payable from the date of invoice within 8 days with 2% discount or within 30 days without deduction. We reserve the right in individual cases to make the acceptance of the order by the agreement of delivery versus prepayment; new orders from new customers are executed exclusively against prepayment.. Customers with regular monthly salary may be granted upon request a regular customer target. Orders from customers that are located with the settlement of one or more of our bills 30 days or more in arrears, will only be accepted when agreeing a delivery versus payment.
6. Retention of title
We reserve the title to the delivered goods until full payment of all claims from the contract. We are entitled to the goods to take back if the buyer breaches the contract.
The buyer is obliged, as long as the ownership has not been transferred to him to treat the goods with care. In particular, he is obliged at his own expense against theft, fire and water damage at the new value to insure (Note: only permitted in selling high-quality goods). If maintenance and inspection work is carried out, the purchaser must perform this promptly at his own cost. As long as ownership has not been transferred, the purchaser will have to be notified immediately in writing if the delivered goods are seized or other interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer is liable for the loss incurred by us.
The purchaser is entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer arising from the resale of the goods the buyer shall already now to us in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchase item has been resold without or after processing. The purchaser shall remain entitled even after the assignment to collect the receivable. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the buyer meets his payment obligations from the proceeds collected, is not in arrears and in particular no petition is filed for the commencement of insolvency proceedings or suspended payments.
Any processing or transformation of the goods by the buyer is always the name and on our behalf. In this case, the expectant right of the purchaser continues to the goods at the transformed item. If the purchased item is processed with other items not belonging to us, we acquire joint ownership of the new item in proportion of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the buyer's object is to be regarded as the main item, is deemed agreed that the buyer transfers proportional joint ownership to us and keeps the sole ownership or co-ownership for us. To secure our claims against the buyer, the buyer shall also assigns such claims to us on it by the connection of the conditional commodity grown with a plot against a third party; we accept this assignment already now.
We undertake to release the securities we are entitled to the purchaser's request if their value exceeds the secured claims by more than 20%.
7. Redemption defective goods according to agreement
In defect-free goods a withdrawal is possible only by special agreement.
A contractual redemption defective goods separates basically from when:
- Goods which were produced or procured for this contract separately under a special order.
- Goods which have been delivered from our bargain store.
- Goods used clearly the responsibility of our customers, damaged or destroyed.
In all other cases the voluntary withdrawal of non-defective goods on the basis of the following conditions occurs, unless otherwise agreed with the customer:
- We charge a processing fee amounting to 15% of the purchase price for the administrative burden.
- The purchaser is entitled to prove that our administrative expenses is lower due to the redemption. Then the actual administrative expenses to be reimbursed.
- The previously incurred shipping remain at the expense of return transmitter.
- The Buyer accepts the reasonable return costs.
8. Warranty and liability
The customer must check the goods immediately. Obvious defects must be notified in writing within 14 days. For material or workmanship, we will make compensation.
If a replacement is not possible or the customer or us unreasonable, the customer is after an unsuccessful formal notice be entitled to withdraw from the contract for subsequent performance.
With proven timeshare> 30%, which is measured at the lining thickness, partial credit will be made in the course of unwinding for benefit sharing.
We are liable in case of intent - also our agents and Beauftragten- and gross negligence unlimited damages; Further, we have unlimited liability for damages arising from bodily or personal injury as well as damage resulting from violations of the Product Liability Act.
In addition, claims for damages are limited towards us on the replacement of the typical and foreseeable damage.
9. Place of performance, place of jurisdiction, choice of law
Place of performance for our deliveries and services as well as for payment of the client's D-66386 St. Ingbert.
Exclusive jurisdiction is D-66386 St. Ingbert, where the customer is a merchant within the meaning of the German Commercial Code or a public corporation. Only German law.
10. Severability Clause
If any provision of these terms and conditions be or become invalid, the validity of the contract as a whole shall not be affected. Ineffective regulations are rather be replaced by effective, corresponding to the economic intention most likely.
Hans Walter Theobald GmbH
Stand April 2019