§ 1 offer and contract
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.
§ 2 Submitted documents
All documents provided to the orderer in connection with placing the order, such as Calculations, drawings, etc., we reserve the ownership and copyright. These documents may not be made accessible to third parties, unless we give the orderer our express written consent. As far as we do not accept the offer of the orderer within the period of § 1, these documents are to be returned to us immediately.
§ 3 prices and payment
1. Our prices include VAT. Delivery and shipping costs are not included in our prices.
2. The payment is made either in advance, Paypal, direct debit / direct debit or by cash on pickup.
Unless otherwise agreed, the purchase price must be paid within 10 days after delivery. Interest on arrears of 5% above the respective base interest rate p.a. calculated. The assertion of a higher damage caused by default remains reserved. In the event that we assert a higher damage caused by default, the purchaser has the opportunity to prove to us that the alleged default damage was not incurred at all or at least substantially lower.
§ 4 set-off and rights of retention
The orderer is entitled to set-off only if his claims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts claims for defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 5 delivery time
1. Insofar as no expressly binding delivery date has been agreed, our delivery date or delivery times are only non-binding information.
2. The start of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
3. The purchaser may request in writing 4 weeks after exceeding a non-binding delivery date / delivery period to deliver within a reasonable period. Should we culpably fail to comply with an express delivery date or delivery period or should we be in default for any other reason, the customer must set us a reasonable grace period to effect the service. If we allow the period of grace to elapse fruitlessly, the purchaser is entitled to withdraw from the purchase contract.
4. If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved. The orderer reserves the right to prove that damage of the required amount did not occur at all or at least substantially lower. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the time at which he is in default of acceptance or debtor.
5. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
§ 6 Retention of title
1. We reserve the ownership of the delivered goods until complete payment of all claims from the delivery contract.
2. The purchaser is obliged, as long as the property has not been transferred to him, to handle the purchased goods with care. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage as new value (Note: only permissible for the sale of high-quality goods). If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the ownership has not been transferred, the purchaser must notify us immediately in writing if the delivered object is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the legal and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
3. The processing and remodeling of the purchased item by the customer is always named and on behalf of us. In this case, the right of expectancy of the purchaser to the purchased item continues with the remodeled item. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the purchaser assigns proportional co-ownership to us and secures the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims which accrue to him from a third party as a result of the combination of the reserved goods with a property; We already accept this assignment.
4. We undertake to release the securities to which we are entitled upon request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.
§ 7 Warranty and notice of defects
1. Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximately authoritative.
2. Insofar as the delivered item does not have the quality agreed between the customer and us or if it is not suitable for the purpose or use generally required by our contract or if it does not have the characteristics that the customer could expect after our public statements, then we are obliged to supplementary performance. this does not apply if we are entitled to refuse subsequent performance due to the statutory provisions.
3. The customer initially has the choice whether the supplementary performance is to be carried out by repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the purchaser. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser are excluded. A remedy shall be deemed unsuccessful with the unsuccessful second attempt, if not otherwise, in particular, the nature of the thing or the defect or other circumstances, otherwise. If the supplementary performance has failed or if we have refused supplementary performance as a whole, the customer may, at his discretion, demand a reduction of the purchase price (reduction) or declare his withdrawal from the contract.
4. The purchaser can only assert claims for damages for the following conditions due to the defect if the subsequent performance has failed or if we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
§ 8 Jurisdiction and applicable law
The place of fulfillment for all obligations arising from the contractual relationship is the registered office of our company Rainer Hovemann, Dortmunder Str. 1, 48145 Münster, Germany, the place of jurisdiction is Münster. It is exclusively German law. The nullity of a provision (or parts of a provision) of these conditions shall only invalidate this provision, but not the entire conditions.