1. Scope of Application

These Terms and Conditions apply exclusively.
Any deviating, conflicting, or supplementary terms and conditions shall not become part of the contract. We hereby expressly object to any standard-form reference to the customer’s terms and conditions.

2. Set-Off

The customer shall be entitled to set off only insofar as and to the extent that the customer’s counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by us.

3. Definition of Consumer and Entrepreneur

A consumer is any natural person who enters into a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their self-employed professional activity.
An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

4. Retention of Title

For consumers:
The delivered goods remain our property until the purchase price has been paid in full. In the event that third parties take enforcement measures against the purchased goods, the customer must inform us without undue delay and provide the documents required for legal intervention.

For entrepreneurs:
The entrepreneur may resell the purchased goods in the ordinary course of business. The entrepreneur hereby assigns to us, already now, all receivables arising from such resale in the amount of our outstanding claim against the entrepreneur; the entrepreneur shall remain authorized to collect such receivables. We undertake not to collect the receivables as long as the entrepreneur is not in default and no application for the opening of insolvency proceedings has been filed.
Any processing or transformation of the purchased goods shall always be carried out on our behalf. If the purchased goods are processed with other items not owned by us, we shall acquire co-ownership of the newly created item in proportion of the value of the purchased goods (invoice final amount including VAT) to the value of the new item. If the goods are inseparably mixed with other goods not owned by us, we shall acquire co-ownership of the new item in proportion of the value of the goods (invoice final amount including VAT) to the value of the other mixed items at the time of mixing.

5. Right of Withdrawal

We grant consumers a right of withdrawal.

6. Return Shipping Costs

If the customer makes use of the right of withdrawal, the customer shall bear the regular costs of return shipping if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed EUR 40.00, or—where the price is higher—if, at the time of withdrawal, the customer has not yet provided the consideration or a contractually agreed partial payment.

7. Deliveries

We hand over the ordered goods to a shipping company for delivery to the delivery address stated in the order. Deliveries are made curbside (free to curb / “kerbside delivery”).
Version/Status: 01 January 2022

8. Warranty

For consumers:
Warranty claims for used goods shall become time-barred one (1) year after delivery of the goods.

For entrepreneurs:
Warranty claims shall become time-barred one (1) year after delivery of the goods, including in the case of new goods. The provisions of Sections 478 and 479 of the German Civil Code (BGB) remain unaffected. Warranty for used goods is excluded.

For consumers and entrepreneurs:
The shortening of the limitation period shall not apply to warranty claims for damages that are based on gross negligence or intent, or on the breach of material contractual obligations. Material contractual obligations are those obligations whose performance is essential for the proper execution of the contract and on whose compliance the contracting party may regularly rely (“cardinal obligations”). Claims for damages arising from injury to life, body, or health, as well as claims under the Product Liability Act, remain unaffected.
The same applies to breaches of duty by our vicarious agents.
In the event of a breach of cardinal obligations, liability in cases of simple negligence shall be limited to damages that are typically associated with the contract and foreseeable.

9. Limitation of Liability

We exclude liability for damage caused by simple negligence, provided that such damage does not arise from the breach of cardinal obligations, and does not involve damage resulting from injury to life, body, or health, and does not concern claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
In the event of a breach of cardinal obligations, liability in cases of simple negligence shall be limited to damages that are typically associated with the contract and foreseeable.

10. Final Provisions

The contract shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law, or a special fund under public law, Melsungen shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at the court of the customer’s place of residence.