General Terms and Conditions

1. scope of application

The following General Terms and Conditions (GTC) apply to all deliveries and services of the company ergo-safe, owner M. Sailer (hereinafter referred to as the Seller) with entrepreneurs in accordance with Section 14 of the German Civil Code (hereinafter referred to as the Customer). Until the Vendor draws up new GTC, the following GTC shall also apply to all future business relationships between the Vendor and the Customer. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The customer's GTC shall not be taken into account, even if the seller has not expressly objected to their inclusion.

2. offers and conclusion of contract

The goods and products offered by the seller in the online store, in brochures, flyers or in/on other media do not constitute a legally binding offer, but an invitation to the customer to submit offers (invitatio ad offerendum). By placing an order, the customer submits a legally binding offer to conclude a purchase contract. The offer is accepted by handing over the ordered goods and products to the transport company entrusted with the shipment to the customer or by sending a declaration of acceptance from the seller to the customer.

A confirmation of receipt of the customer's order sent to the customer by email does not constitute a legally binding acceptance.

3. delivery

The Seller shall deliver the goods and products ex works. Delivery periods and dates communicated by the Seller shall only be binding if they have been expressly agreed as binding between the Seller and the Customer. Delivery periods and dates refer to the time of handover to the forwarding agent, carrier or other transport company. In the event of force majeure or other unforeseeable obstacles to performance within the seller's sphere of risk (e.g. strike, lockout, fire, lack of supplies), the (binding) delivery periods and dates shall be extended accordingly.

The place of performance is the registered office of the seller.

ergo-safe | owner M.Sailer
Villingerstrasse 105
78166 Donaueschingen

4. payment

All goods and product prices are net plus VAT. Costs for shipping, packaging, customs duties etc. will be charged additionally

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For new customers, the seller is entitled to make delivery and performance dependent on advance payment by the customer. The same shall apply if, after the customer has placed the order, the seller becomes aware of circumstances that are likely to give rise to justified doubts that the customer will not be able to meet his payment obligations under the contract. Invoices of the seller are to be paid within 30 days of invoicing. If the customer defaults on payment, the seller shall be entitled to instruct a debt collection agency to collect the outstanding debt.

5. excess and short delivery

If the contract is based on the delivery of goods and products according to the customer's individual specifications (custom-made products), the seller shall be entitled to make excess or short deliveries of up to 10% of the original order quantity and shall be entitled and obliged to invoice the quantity actually delivered. The customer is obliged to accept and pay for the quantity actually delivered.

If separate tools are produced for the custom-made products (e.g. punching tools, templates, films), these shall remain the property of the seller.

6. retention of title

The goods and products shall remain the property of the Seller until the invoice issued for them has been settled in full. The customer must inform the seller immediately if third parties jeopardize the seller's rights thereto. If the goods and products subject to retention of title are seized or confiscated by third parties, the customer must inform the third party of the retention of title and inform the seller immediately of the measure. The customer is entitled to resell the goods subject to retention of title to third parties in the ordinary course of business. He hereby assigns the claim to the sales proceeds in full to the seller, who hereby accepts this assignment. The vendor is entitled to collect this claim from the third party in its own name if the customer is more than 10 working days in arrears with payment.

7. right of withdrawal

The seller is entitled to withdraw from the contract if, after conclusion of the contract, it becomes aware of circumstances that indicate a lack of creditworthiness on the part of the customer and the seller's payment claim is objectively considered to be at risk as a result. A lack of creditworthiness is to be assumed in particular if insolvency proceedings have been applied for or opened against the customer's assets or if such proceedings have been rejected for lack of assets.

8. return with reservation of consent

The customer may notify the seller in writing within a period of 2 weeks from delivery, stating the reason, as to which goods and products he wishes to return. The seller is free to decide whether to comply with this return request and whether this is done by means of a return invoice or delivery of alternative goods and products requested by the customer. The return shipment is at the risk and expense of the customer. The possibility of return is excluded if the goods and products are no longer in their original packaging, show signs of use or are custom-made products according to customer requirements. The Seller shall charge 10% of the net value of the returned goods, based on the prices at the time of ordering by the Customer, but at least €5.

9. set-off/right of retention

The customer shall only be entitled to set-off if the counterclaims asserted for set-off have been legally established, are undisputed or have been recognized by the seller.

The customer may only exercise a right of retention if the counterclaim results from the same legal relationship.

10. claims for defects/warranty period

The statutory liability for defects shall apply. If the customer is an entrepreneur, warranty claims expire 1 year after delivery of the goods and products, unless the seller has fraudulently concealed the defect or the defect is related to injury to life, limb or health.

11. limitation of liability

The Seller's liability for damages, regardless of the legal grounds (in particular in the event of default, warranty defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract. The above limitation of liability shall not apply to the Seller's liability for intentional or grossly negligent behavior, for guaranteed characteristics, for injury to life, body or health or for liability under the Product Liability Act.

12. property rights / indemnification

If the contract includes the provision of designs by the customer, the seller shall not be obliged to check whether the designs affect or infringe existing patent, license or copyright rights, trademarks, registered designs or other property rights. In the event of a claim against the seller due to an infringement of property rights as a result of the use of the customer's designs, the customer shall indemnify the seller against all resulting claims and costs in the internal relationship.

13th place of jurisdiction / choice of law

For disputes arising from the business relationship between the seller and the customer, Villingen-Schwenningen is the exclusive place of jurisdiction, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

The business relationship between the seller and the customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

14. miscellaneous

Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. The invalid provision shall be replaced by the law.