General conditions of sale (Private buyer)
§ 1 Offer and contract
The order made by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or within this period to send the ordered goods.
§ 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 (and packaging costs). Shipping costs are (not) included in our prices.
2. Payment of the purchase price must be made exclusively to the account stated in the invoice. The deduction of cash discount is only permitted with a written special agreement.
3. Unless otherwise agreed, the purchase price must be paid in advance. Default interest of 5% above the respective base interest rate p. a. calculated. The assertion of a higher damage caused by default remains reserved.
§ 4 Offsetting and retention rights
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.
*) Please note the user information on the front page and the notes in Appendix 1! When using the terms and conditions in distance selling additional regulations (eg right of withdrawal and return) must be observed.
§ 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 beginning 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. If the customer is in default of acceptance or culpably violates other obligations to co-operate, 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.
4. Further legal 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 yet been transferred, the purchaser must notify us immediately in text form if the delivered item 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.
§ 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 approximate,
2. The warranty period is 2 years, calculated from the transfer of risk (Note: a reduction to one year in terms and conditions for used goods. For building materials – if installed – the warranty period is 5 years, if the building materials are needed a reduction in terms and conditions to 1 year possible). This period also applies to claims for compensation for consequential damage, insofar as no claims are made in tort.
§ 8 Miscellaneous
1. This contract and the entire legal relationships of the parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
2. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected.
General Terms of Delivery, Payment and Sale (Company)
§ 1 Scope
1. These conditions of sale apply exclusively to entrepreneurs, legal persons under public law or special funds under public law within the meaning of § 310 (1) BGB. Conflicting or differing from our terms and conditions of the customer, we only accept if we expressly agree in writing to the validity.
2. These conditions of sale also apply to all future transactions with the customer, insofar as these are legal transactions of a related nature.
§ 2 Offer and contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Submitted documents
At all in connection with the placing of order the customer left documents, such. For example, calculations, drawings, etc., we reserve ownership and copyrights. 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 customer within the period of § 2, these documents are to be returned to us immediately.
§ 4 Prices and payment
1. Unless otherwise agreed in writing, our prices ex works are excluding shipping and plus VAT in each valid amount. Costs of shipping will be charged separately.
2. Payment of the purchase price must be made exclusively on the account named overleaf. The deduction of cash discount is only permitted with a written special agreement.
3. Unless otherwise agreed, the purchase price must be paid within 10 days after delivery. Default interest of 8% above the respective base interest rate p.a. calculated. The assertion of a higher damage caused by default remains reserved.
§ 5 Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
1. The beginning 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.
2. If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims are reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time at which the purchaser is in default of acceptance or payment.
§ 7 Transfer of risk upon dispatch
If the goods are despatched to the purchaser at the request of the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest when leaving the factory/warehouse. This applies regardless of whether the shipment of goods from the place of performance or who bears the freight costs.
§ 8 Retention of title
1. We reserve the ownership of the delivered goods until complete payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the goods if the customer behaves contrary to the 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 insure these at his own expense against theft, fire and water damage sufficiently to the replacement value. 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 ownership of the delivered goods remains reserved for the security of all claims that we have from the current and future business relationship until the settlement of all balances against the buyer and its affiliates. Our property extends to the new thing resulting from the processing of the reserved goods. The orderer manufactures the new thing for us under the exclusion of the own acquisition of property and keeps it for us. From this he has no claims against us. In the case of a processing of our reserved goods with goods of other suppliers whose property rights also continue on the new object, we acquire together with these suppliers – excluding a co-acquisition of the purchaser – co-ownership of the new thing, whereby our co-ownership share the ratio of the invoice value of our reserved goods the total invoice value of all processed conditional goods. The customer hereby assigns to us his claims from the sale of reserved goods from our current and future deliveries of goods with all ancillary rights in the amount of our ownership interest as collateral. In the case of processing in the context of a work contract, the wage claim in the amount of the proportionate amount of our invoice for the co-processed conditional goods is already assigned to us. As long as the purchaser duly fulfills his obligations arising from the business relationship, he may dispose of the goods in our possession in the ordinary course of business and collect the claims assigned to us ourselves. In the event of default in payment or justified doubts as to the buyer’s solvency or creditworthiness, we are entitled to collect the assigned claims and to take back the reserved goods. Check / bill-of-exchange payments are only valid after redemption of the bill of exchange by the customer. With regard to the agreement of property rights, German law applies exclusively.
§ 9 Warranty and notice of defects as well as recourse/manufacturer recourse
1. Warranty rights of the purchaser presuppose that the purchaser has duly fulfilled his obligation to inspect and complain under § 377 HGB.
2. Claims for defects expire 12 months after delivery of the goods delivered by us to our customer. For damage claims in case of intent and gross negligence as well as injury to life, body and health, which are based on a willful or negligent breach of duty of the user, the statutory limitation period. (Note: for the sale of used goods, the warranty period with the exception of the claims for damages mentioned in sentence 2 can be completely ruled out).
Insofar as the law requires longer periods in accordance with § 438 (1) no. 2 BGB (buildings and property for buildings), § 445 b BGB (right of recourse) and § 634a paragraph 1 BGB (construction defects), these periods shall apply. Prior to returning the goods our permit is to be requested.
3. If, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, we will repair the goods, subject to the timely notice of defects at our discretion or replace the goods. It is always our opportunity to provide supplementary performance within a reasonable time. Claims for recourse remain unaffected by the above regulation without limitation.
4. If the supplementary performance fails, the customer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
5. Claims for defects do not exist with insignificant deviation from the agreed quality, with only insignificant impairment of the usability, with natural wear or tear as in case of damage after the transfer of risk as a result of faulty or negligent treatment, excessive use, unsuitable equipment, defective construction, unsuitable ground or due to special external influences that are not required under the contract. If the customer or a third party improperly carries out repair work or changes, no claims for defects shall be made for these and the resulting consequences.
§ 10 Miscellaneous
1. This contract and the entire legal relationships of the parties are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
2. The place of performance for all disputes arising from this contract is our place of business, unless the order confirmation states otherwise.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform für die außergerichtliche Online-Streitbeilegung (OS-Plattform) bereit, aufrufbar unter http://ec.europa.eu/odr.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Lahoux Optics Wigandstaler Str. 23 13086 Berlin Germany Tel .: +49 (0)30 28 50 22 06, E-Mail: firstname.lastname@example.org) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. The costs are estimated at a maximum of about € 20.00. You only have to pay for a possible loss in value of the goods, if this loss of value on a not necessary to examine the nature, characteristics and functioning of the goods dealing with them
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
2014 KC Haarlem
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only when notified on paper)
(*) Delete as appropriate.
Note on attachments
In Germany, attachments to kill game are generally not allowed. Exceptions, as well as the necessary permits are regulated country-specific. Depending on the federal state, various requirements are required. Always inform at your local authority.