General Terms And Conditions

General Terms and Conditions

 

§ 1. General

These terms and conditions apply to contracts between Mrowinski-Mielke GbR and its customers. In so far as the concept of the consumer is used, the following applies: Consumers are any natural person who concludes a legal transaction for purposes which can not be attributed predominantly to their commercial or independent professional activities.

These General Terms and Conditions of Business shall apply exclusively, subject to individual mutually exclusive agreements. The formular reference to the general terms and conditions of the customer is contradicted.

 

§ 2 Revocation right and sample revocation form

Exclusively consumers are granted a right of withdrawal in accordance with the legal regulations; Please refer to the cancellation policy and the sample revocation form.

 

§ 3 Reservation of title

If the customer is a consumer, the following applies: The goods remain our property until the purchase price has been fully paid. If a third party carries out the enforcement of the goods, the customer is obligated to notify us without delay and to provide us with all the information and documents necessary for an intervention.

If the customer is an entrepreneur, the following applies: The goods may be resold in the ordinary course of business. The customer already assigns the purchase price claim in the amount of the still outstanding claim to us; We are already accepting the assignment. The customer remains revocably entitled to collect the claim. It shall inform the debtor of the name and address of the debtor. We will not collect the claim on our part if the customer is not in default or an insolvency application has been filed on the client's assets. Processing or transformation of the goods takes place for us. In the event of the processing or transformation of the goods with non-proprietary substances, we shall acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including value-added tax) to the value of the new item. The same applies to the case of the combination or inseparable mixing, in so far as the goods are not the main item.

 

§ 4 Delivery

If the delivery of the goods is owed, we deliver the goods to a shipping company, which delivers the goods free of curbside. The delivery time for the desired product can be taken from the description of the goods as part of our offer. If we do not specify otherwise, we will ship the goods when arranging payment in advance within three working days since receipt of payment; No advance payment has been agreed within three working days since receipt of your order.

 

§ 5 Warranty for purchase contracts

Warranty claims by entrepreneurs expire in one year; This shall not affect the limitation of recourse claims within the meaning of Sections 478, 479 BGB. If used goods are sold, warranty is excluded from the contractors; Consumers are subject to a limitation period of one year.

The above limitations do not apply to claims for damages or expenses which result from gross negligence, intent or breach of contractual obligations, the proper fulfillment of which allows the execution of the contract at first and on the fulfillment of which the customer may regularly rely ("Kardinalpflichten "). They also do not apply to the extent that damage or reimbursement claims are affected because of injury to life, body or health or claims based on the Product Liability Act.

Insofar as negligence violates a cardinal liability, our liability is limited to such damages and expenses, which are typically connected with the contract and foreseeable.

 

§ 6 Liability

Our liability for damages and expenses which are based on simple negligence is excluded insofar as the claims are not based on the violation of contractual obligations, whose proper fulfillment of the implementation of the contract is only possible at the time of the fulfillment of which the customer may regularly rely (" Cardinal obligations ") or claims for injury to life, body or health are affected. Claims which are based on the Product Liability Act shall remain unaffected.

Insofar as negligence violates a cardinal liability, our liability is limited to such damages and expenses, which are typically connected with the contract and foreseeable.

 

§ 7 Offsetting

The customer can only set off his own claims, which are undisputed, acknowledged by us or legally established. This does not apply if the claim comes from the same contractual relationship as our claim against which we are to be charged.

 

§ 8 Final provisions

The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. If the customer is a merchant, a legal person of public law or a public special fund, Düsseldorf is the court of jurisdiction.

 

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