Privacy Policy

General Terms and Conditions / Privacy Policy

§ 1 General

1. These terms and conditions apply to all current and future business relationships.

2. Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into without this being attributable to a commercial or independent professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relationships are entered into and who act in the exercise of a commercial or independent professional activity.

Customers within the meaning of the terms and conditions include both consumers and entrepreneurs.

3. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

Changes and additions to our General Terms and Conditions must also be made in writing to be effective.

§ 2 Offer and conclusion of contract

1. Our offers and prices are subject to change without notice. All prices are current prices unless otherwise agreed in writing.

2. Our invoice serves as confirmation of the order. The execution of the transaction by the seller is equivalent to a written order confirmation.

3. By ordering goods, the customer declares his or her binding intention to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer.

4. The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that the non-delivery is not our responsibility, in particular in the event of a congruent hedging transaction with our supplier.

§ 3 Delivery and acceptance

1. We are entitled to make partial deliveries to entrepreneurs to a reasonable extent.

2. If the Seller defaults on delivery and fails to comply with a reasonable grace period set by the Buyer in writing, the Buyer shall have the right to withdraw from the contract to the extent that delivery has not yet been made. Unless partial fulfillment of the contract is of no interest to the Buyer, in which case the Buyer may withdraw from the entire contract. Claims for compensation for delay and damages due to non-delivery are excluded, unless the failure to meet the delivery deadline is due to intent or gross negligence on the part of the Seller.

his legal representative or vicarious agent. This exclusion of liability does not apply to injury to life, body or health of the buyer if the buyer is a consumer. Events of force majeure, even if they occur during an existing delay, entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time. If the execution of the contract becomes unreasonable for one of the parties, it may withdraw from the contract to that extent. The withdrawal must be declared in writing. All circumstances that are

make delivery significantly more difficult or impossible, regardless of whether this is due to operational or external circumstances.

§ 4 Terms of payment

1. Unless otherwise agreed, the sales prices are net prices in euros plus VAT at the statutory rate. All payments must be made without deductions and in such a way that we have access to the amount no later than 10 working days after the invoice date. The buyer shall bear the costs of payment transactions. Bills of exchange are not accepted.

2. The buyer is only entitled to retention or offsetting to the extent that his counterclaims are undisputed or have been legally established.

3. In case of late payment, the buyer shall pay interest from the due date at a rate of 8% above the respective base interest rate of the European Central Bank, unless the buyer can prove lower damages. If the buyer is a private end consumer, the interest rate shall be 5% above the base interest rate.

We reserve the right to assert further claims for damages. In the event of sustained default in payment, cessation of payment by the buyer, or the initiation of insolvency or composition proceedings against the buyer's assets or the discontinuation of such proceedings due to insufficient assets, we may demand immediate payment of all claims against the buyer to which we are entitled, regardless of their agreed due date.

If these conditions are met, we are also entitled to carry out outstanding deliveries only against advance payment or security and, if the advance payment or security is not made within 10 days, to withdraw from the contract without setting a further deadline.

4. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

5. The statutory provisions on late payment remain unaffected.

§ 5 Shipping and transfer of risk

1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the dispatch.

2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer only upon delivery of the item to the buyer, even in the case of a sale by dispatch.

3. Delivery shall be deemed to have taken place if the buyer is in default of acceptance.

4. Complaints regarding a difference between the quantities delivered and those stated on the transport documents or obvious transport damage to the goods will only be accepted if the buyer has the complaint certified upon receipt of the goods and if the complaint is made at or immediately after receipt of the goods.

§ 6 Packaging

1. Packaging materials will not be taken back unless otherwise agreed in writing. Any additional costs for special packaging shall be borne by the buyer.

§ 7 Retention of title

1. In contracts with consumers, we retain title to the goods until the purchase price has been paid in full. In contracts with businesses, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.

2. The customer is obligated to treat the goods with care. If maintenance and inspection work is required, the customer must carry out these regularly at his own expense.

3. The customer is obligated to notify us immediately of any third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of any change of residence.

4. We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.

5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims accruing to him against a third party through the resale, in the amount of the invoice amount. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves if the entrepreneur fails to properly fulfill his payment obligations and falls into arrears.

6. The processing and working of the goods by the entrepreneur is always carried out in our name and on our behalf. If processing is carried out using items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods supplied by us compared to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

§ 8 Warranty

1. If the buyer is an entrepreneur, we will initially provide a warranty for defects in the goods by repair or replacement at our discretion.

2. If the purchaser is a consumer, he or she shall initially have the choice of whether the subsequent performance shall be carried out by repair or replacement. However, we are entitled to refuse the selected type of subsequent performance if it would only be possible at disproportionate costs and the other type of subsequent performance would not result in significant disadvantages for the consumer.

3. If subsequent performance fails, the customer may, at his or her discretion, demand a reduction in the price (abatement) or cancellation of the contract (withdrawal). However, in the case of only minor breaches of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw.

4. Businesses must notify us of obvious defects in writing within two weeks of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline.

5. The entrepreneur bears the full burden of proof for all requirements for a claim, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the notification of defects. Consumers must notify us in writing of obvious defects within two months of the date on which the non-conforming condition of the goods was discovered.

6. The receipt of notification by us is decisive for compliance with the deadline. If the consumer fails to provide this notification, the warranty rights expire two months after the defect was discovered. This does not apply in cases of fraudulent intent on the part of the seller. The burden of proof for the time of discovery of the defect lies with the consumer. If the consumer was induced to purchase the item by inaccurate manufacturer statements, the burden of proof for their purchase decision lies with them. In the case of used goods, the burden of proof for the defectiveness of the item lies with the consumer.

7. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, they are not entitled to any additional compensation for the defect. If the customer chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.

8. For businesses, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used items, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defects in a timely manner (Section 4 of this provision).

9. If the buyer is a business, only the manufacturer's product description shall be deemed to be agreed upon as the quality of the goods. Public statements, recommendations, or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

10. We do not provide the customer with any guarantees in the legal sense.

§ 9 General limitation of liability

1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, typical, and direct average damages based on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to businesses for slightly negligent breaches of non-essential contractual obligations.

2. The above limitations of liability do not affect the customer's product liability claims. Furthermore, the limitations of liability do not apply to physical injury or damage to health attributable to us, or to the customer's loss of life.

3. The customer's claims for damages due to a defect shall expire one year after delivery of the goods. This does not apply if we are guilty of fraudulent intent.

§ 10 Deliveries abroad

1. Contracts with foreign sellers are subject exclusively to German law.

§ 11 Place of jurisdiction and place of performance

1. Place of jurisdiction and performance is Flensburg.

§ 12 Severability Clause

1. Should one or more provisions of these Terms and Conditions be invalid, this shall not affect the invalidity of the remaining provisions. The parties agree that the invalid provision shall be replaced by an agreement that corresponds in content and purpose to the invalid terms and conditions.

Harrislee, 01.12.2022

Privacy Policy

Data protection

The operators of these websites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

Our website can generally be used without providing any personal data. Where personal data (such as name, address, or email addresses) is collected on our website, this is always done on a voluntary basis, wherever possible. This data will not be passed on to third parties without your express consent. We point out that data transmission over the Internet (e.g., when communicating via email) may be subject to security gaps. Complete protection of data from access by third parties is not possible.

Cookies

We do not set cookies when you visit our website.

Server-Log-Files

The website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These include:

Browser type and version

operating system used

Referrer URL

Hostname of the accessing computer

Time of server request

This data cannot be assigned to specific individuals. This data will not be merged with other data sources. We reserve the right to subsequently review this data if we become aware of concrete evidence of illegal use.

Facebook-Plugins (Like-Button)

Our pages incorporate plug-ins from the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plug-in by the Facebook logo or "Like" button on our page. An overview of Facebook plug-ins can be found here: https://developers.facebook.com/docs/plugins/.

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thus receives the information that you have visited our page using your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Facebook uses it. Further information on this can be found in Facebook's privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection by the browser's address bar changing from "http://" to "https://" and by the lock symbol in your browser's address bar. When SSL encryption is activated, the data you transmit to us cannot be read by third parties.

Right to information, deletion, blocking

You have the right at any time to obtain free information about your stored personal data, its origin and recipient, and the purpose of data processing, as well as the right to correct, block, or delete this data. You can contact us at any time at the address provided in the legal notice for this purpose and for other questions regarding personal data.

Objection to advertising emails

The use of contact information published in accordance with the imprint obligation to send unsolicited advertising and information materials is hereby prohibited. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.