1.1 These Terms and Conditions (the "Terms") of the / of Hradil Special cables GmbH (hereinafter "Seller") apply to all contracts that a contractor (hereinafter "Customer") with the seller regarding the illustrated by the seller in its online store Goods and / or Services completes. This is the involvement of the customer's own terms is contradicted, unless otherwise agreed.
1.2 These Terms apply exclusively, if the seller makes the delivery of these without specific reservation with knowledge of conflicting or differing from these terms and conditions of the customer.
2.1 The product shown in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.
2.2 The client can submit your offer via the built-in Online Store Seller's online order form. It is the customer after he has selected goods and / or services in the virtual shopping cart and go through the electronic ordering process by clicking the the ordering process final button, a legally binding contract offer in relation to the goods and / or services in your basket , Furthermore, the customer can also offer telephone, by fax, by e-mail or post to the Seller.
2.3 The Seller may accept the offer within five days of the customer,
If more than one of the above alternatives, the contract will be concluded in the time in which one of the above alternatives occurs first. If the seller fails to supply the customer within the aforementioned period, shall be deemed to reject the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 The period for acceptance of the Offer begins the day after the dispatch of the offer by the customer to run and ends at the end of the fifth day following that in which the dispatch of the offer.
2.5 In case of an offer made via the online order form from the seller of the contract will be filed by the seller and the customer after submitting his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the text of the treaty on the seller's website is archived and can be downloaded free of charge from the customer of the password protected customer, specifying the login information, if the customer has not created an account in the online shop of the seller before submitting his order.
2.6 Before submitting the order via the online order of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory submission of the order will be displayed once again in a confirmation window and can be corrected using the standard keyboard and mouse functions.
2.7 For the contract is exclusively for the German language.
2.8 The order processing and contact can usually via e-mail and automated order processing. The customer must ensure that his or her designated to process the order e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the Customer shall ensure in the use of spam filters to ensure that all beauf-tragten third party emails sent can be delivered by the seller or this with the ordering process.
2.9 If the parties have negotiated special terms, this is never applied simultaneously current and future contractual relationships with the customer.
2.10 In the economic inability of customers to fulfill its obligations to the seller, the seller may terminate existing exchange contracts with the customer without notice resigns. This also applies if an insolvency customer's request. § 321 BGB and § 112 Insolvency Act remain unaffected. The customer is at an early stage inform the Seller in writing of any impending insolvency.
3.1 Unless the product description of the seller requires otherwise, is at the stated prices are net prices are exclusive of VAT. Delivery and packaging costs, shipping, insurance (in particular transport insurance), duties and charges will be billed separately.
3.2 The customer has several payment options available that are specified in the online shop of the seller.
3.3 For deliveries to countries outside the European Union may incur other costs in a particular case that the seller is not responsible for and shall be borne by the customer. These include costs for the transfer of funds through banks (eg bank transfer fees, exchange fees) or legal import duties or taxes (eg customs duties). Such costs may also be incurred even if delivery is not made outside the European Union in a country, but the customer makes payment from a country outside the European Union with respect to the money transfer.
3.4 If prepayment agreed, payment is due upon signing the contract.
3.5 If you choose to pay delivery on account of the purchase price is due after the goods have been delivered and invoiced.
3.6 If you choose the payment method payment on account of the purchase price within 14 (fourteen) days shall be paid on receipt of invoice, unless otherwise agreed. The seller reserves the right to invoice perform a credit check when you select the payment method and delivery reject this method of payment for negative credit check.
3.7 In the event you choose to pay bank transfer (direct) is due immediately, the invoice amount of the contract. Payment option bank transfer (direct) is a successful credit check by the master Payment LTD, 483 Green Lanes, London N13 4BS, United Kingdom ("Master Payment") operating systems. If the customer is allowed after checking the creditworthiness of the bank transfer (direct), the sound processing of the payment in cooperation with the net-m privatbank 1891 AG, Odeon Square 18, 80539 Munich ("net-m privatbank 1891 AG"), of the Seller assigns his claim for payment. The net-m privatbank 1891 AG is revocable authorized in this case, the due amount from the account specified by the customer. In the case of assignment 1891 AG can be made with discharging effect only to the net-m private bank. The direct debit is made when the ordered goods leave the warehouse of the seller. The seller is responsible for general customer inquiries eg a commodity, delivery time, delivery, returns, complaints, revocation statements and -zusendungen or credit even if you choose to pay bank transfer (direct) via MasterCard Payment.
3.8 Payment shall be deemed to have been received when the counter value is credited to one of the accounts of the seller. In case of default by the Seller shall be entitled to interest at the rate of 10 percentage points above the base rate. The other legal rights of the seller in the event of default by the customer shall remain unaffected. Where loans are overdue incoming payments shall first be credited against any costs and interest, then the oldest debt.
3.9 Should unforeseen cost increases occur (eg currency fluctuations, unexpected price increases of suppliers, etc.) the seller is entitled to pass on the price increase to the customer. However, this applies only if the delivery is to be agreed later than four months after the conclusion of the contract.
3.10 However, when selecting the payment method "PayPal" payment processing via the PayPal payment service is performed (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at https: // www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opened a PayPal account or already has such an account.
4.1 The delivery of goods occurs during shipment to the shipping address provided by the buyer unless otherwise agreed. During completion of the transaction specified in the Order of the vendor delivery address is decisive.
4.2 The Seller shall be entitled to make partial deliveries if this is reasonable for the customer. In the case of allowable partial deliveries, the Seller shall be entitled to issue partial invoices.
4.3 The Seller reserves the right to cancel the contract in case of incorrect or improper delivery. This applies only to the case of non-delivery is not attributable to the Seller and this has been completed with due diligence a concrete hedging transaction with the supplier. The Seller will make reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be notified immediately and refund the return without delay.
4.4 The risk of accidental loss and accidental deterioration of the goods passes to an appropriate transport person with the delivery of the goods. This applies even if the seller bears the cost of transportation. Transport insurance shall only on special request and at the expense of the customer. Owed by the seller assembly and installation, the risk of termination of the assembly and installation work and the delivery to the Customer.
4.5 If delivery for reasons for which the customer is responsible, is not possible, for example, because the product does not fit through the front door, front door or the staircase of the customer, or because the customer is not at the delivery address given by him, although the delivery date was given to the customer with a reasonable period, the customer shall bear the costs of the failed delivery and is obliged to pay a lump sum for compensation. This is for every full week of delay of 1%, but will not exceed 8% of the value of the total delivery or not accepted part of the delivery. It is up to the parties can prove higher or lower damages.
4.6 In the event that the delivery of the goods, delayed on the customer for reasons which he is responsible, the risk shall pass already with readiness for shipment to the customer. Possible costs for storage costs shall be borne by the transfer of risk by the customer.
4.7 Pickup is not possible because of technical reasons.
In the case of force majeure, which affect the performance of the contract, the seller is entitled to postpone the delivery for the duration of the disability and long-term delays wholly or partly withdraw without incurring any claims against the seller can be derived. Force majeure means any unforeseeable events apply to the seller or those that - even if foreseeable - are beyond the control of the vendor and their Affect the contract by reasonable efforts of the seller can not be prevented. Any statutory rights of the customer remain unaffected.
6.1 In the event of a delay in the performance of the customer in accordance with legal provisions, a right of withdrawal if the delay is the fault of the seller.
6.2 In case of default of the Seller, the customer is at the request of the seller obligated to declare within a reasonable period of time whether it, due to the delay in delivery of the contract or insist on performance.
6.3 delayed dispatch or delivery at customer's request by more than one month after notification of readiness for shipment can charge the customer for each additional month storage fee of 0.5% of the price of the supplies, but no more than 5%, be.
6.4 Proof of a higher or lower damage the Contract parties.
6.5 The foregoing limitations shall not apply in cases of intent, bad faith, gross negligence and damages resulting from injury to life, body or health.
7.1 The Seller reserves the right to full payment of the purchase price owed to the ownership of the goods supplied. Furthermore, the seller retains title to the goods delivered until all its claims arising from the business relationship with the customer.
7.2 In the case of the processing of the delivered goods, the seller is considered as a manufacturer and acquires ownership of the newly created goods. If the processing together with other materials, the seller acquires ownership in relation to the invoice value of his goods to the other materials. In the case of combination or of the goods from the seller with a responsibility of the customer to consider it as the main item, the co-ownership of the goods in proportion of the invoice value of the goods from the seller to the invoice or, failing that, the market value of the main thing - to the Seller. The customer is in this FAEL-len Depositary.
7.3 Objects under reservation of rights of ownership or the customer may not pledge or assign as security. The customer is only permitted as a reseller a resale in the ordinary course of business under the condition that the seller of customers whose claims against its customers in connection with the resale have been validly assigned and the customer his customer transfers the ownership, subject to the payment. The customer enters through the conclusion of the contract from its claims in connection with such sales to his customers as security to the seller who accepts this assignment simultaneously.
7.4 The customer shall have access to the entity owned or co-owned the seller's goods or the assigned claims. He immediately dissipate assigned to the seller, withdrawn from it amounts to the Seller shall whose claim is due.
7.5 If the value of the security interest of the Seller exceed the amount of the secured claims by more than 10%, the seller shall, upon request of the customer a proportionate share of the security interest.
If there is a defect of the goods, the statutory provisions apply. By way of derogation applies to objects that have not been used in accordance with their normal use for a building and caused defects:
8.1 A minor defect does not constitute any warranty claims and does not entitle the customer to refuse to receive the goods. If any part of the goods have a non-negligible defect, this does not entitle to reject the entire delivery. This shall not apply in the event that the partial delivery for the customer is of no interest. In addition, the customer payments may only be retained in an amount that is proportionate to the occurred defect. If the item at no cost, the seller is liable for defects only if it acted with intent or gross negligence.
8.2 Warranty claims do not arise for normal wear or damage. After the transfer of risk from faulty or negligent treatment, excessive strain, unsuitable equipment or due to special external influences which are not assumed under the contract, or from non-reproducible disturbances Be made by Kun-to or from third parties improper modifications or repair work, so for these and the resulting consequences no claims, unless the customer can prove that the alleged failure have not been caused by such modifications or repair work.
8.3 In case of used goods the rights and claims for defects are excluded.
8.4 The statute of limitations is one year from the transfer of risk. A subsequent performance (replacement or repair) can only have an influence on the limitation of the remedy triggering defect.
8.5 The foregoing limitations and statute of limitations limits in numbers in 8.1, 8.3 and 8.4 do not apply to cases of recourse under § 478 BGB as well as compensation and reimbursement claims that may be asserted by the statutory provisions for defects of the customer. For the latter claims paragraph 9 applies.
8.6 If the customer is a merchant. S. d. § 1 HGB, commercial inspection and complaint meets him in accordance with § 377 HGB. If the customer fails the regulated therein notification requirements, the goods shall be deemed approved unless there is a defect which could not be identified during the investigation.
8.7 The Seller shall in the case of remedy, the right to choose between repair or replacement.
8.8 If the remedy is effected by way of replacement, the customer is obliged to return the goods within 30 days to the seller. The return package must be the reason for the return, include the customer's name and the name given to the purchase of the defective goods number that allows the seller to assign the returned goods. As long as and to the extent, not the assignment of returning reasons that the customer is responsible possible, the seller for the receipt of returned goods and repayment of the purchase price is not required. The cost of re-sending the customer.
8.9 If the seller delivers to remedy the defect free of defects, the seller can according to the customer compensation for use. § 346 para. 1 BGB do. Other statutory rights are unaffected.
The liability for delay is regulated by No. 6. In addition, the seller of all contractual, quasi-contractual and statutory, including tort claims for damages and expenses shall be liable as follows:
9.1 The Seller shall be liable for any legal reason unrestricted
9.2 Should the supplier negligently an essential contractual obligation, liability to contract-typical, foreseeable damage, unless pursuant to section 9.1 is liability unlimited. Material contractual obligations are obligations imposed by the contract the seller to its content for purpose of the contract, the fulfillment of which makes the proper execution of the contract and on which the customer can rely.
9.3 In addition, the liability of the seller is excluded.
9.4 The above liability regulations also apply in respect of the Seller's liability for its agents and legal representatives.
Customer claims against the seller expire - with the exception of claims pursuant to Section 8 - one year after discovery, but no later than five years after the service, except in accordance with section 9.1 of liability is unlimited.
11.1 retention and the customer's right to refuse performance are excluded, unless the seller does not dispute the underlying counterclaims or they are legally binding.
11.2 The assignment of claims from the closed to the customer contract by the customer, especially a assignment of any Claims of the customer is excluded.
Owed by the seller after the contents of the contract in addition to the delivery of goods and the processing of the goods according to specific requirements of the customer, the customer has to ensure that the seller by him for the purpose of processing the licensed content not infringe the rights of third parties (eg. As copyrights or trademark rights) hurt. The Customer shall indemnify the Seller against third party claims which may make this in connection with a violation of their rights by the contractual use of the contents of the customer by the seller against the same. The customer shall assume the reasonable costs of legal defense, including all legal costs in the statutory amount. This does not apply if the infringement by the customer is not at fault. The customer is obligated to promptly, truthfully and completely to provide the seller in the event of a claim by a third party with all the information necessary for the examination of claims and a defense.
13.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods applies to all legal relationships between the parties.
13.2 If the customer is a merchant, a legal entity under public law or public special fund, the place of jurisdiction for all disputes arising out of this contract is the location of the seller. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time the action is not known. The power to call the court in another jurisdiction remains unaffected.