GTC

Terms and conditions of sale to business customers

LUBECK Beschläge GmbH
Mommsenstraße 2-4
42289 Wuppertal
Germany

§ 1 Validity, definitions

(1) The business relationship between LUBECK Beschläge GmbH (hereinafter "Supplier" or "LUBECK") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Supplier expressly agrees to their validity in writing.

(2) These Terms and Conditions of Sale shall only apply to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 para. 1 BGB.

(3) The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Offer, acceptance

(1) Unless otherwise specified in the offer or in the advertising, the provider's offers are subject to change and non-binding. This applies in particular to the range of goods available via the webshop www.world-of-fittings.com (hereinafter referred to as the webshop).

(2) The supplier reserves ownership rights and copyrights to catalogues, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form.

(3) If the customer's order constitutes an offer within the meaning of §145 BGB, the supplier is entitled to accept this within a period of 10 working days.

§ 3 Terms of payment

(1) Unless otherwise agreed, the customer is obliged to pay in advance, i.e. he is obliged to make full payment of the remuneration owed before delivery of the goods. Payment of the purchase price is due immediately upon conclusion of the contract.

(2) As part of the ordering process in the web shop, the provider will show the customer the payment methods available in each case. Before initiating the order process, the customer can select the payment methods offered in the "Shipping and payment" section. at any time.

(3) The statutory provisions shall apply to the occurrence of default in payment.

(4) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the provider.

§ 4 Delivery time, partial deliveries

(1) Unless otherwise agreed, the delivery time is 14 days from conclusion of the contract. If the order is placed via the webshop, the delivery time will be communicated by the supplier during the ordering process.

(2) Delivery times specified by the supplier begin at the time of order confirmation and after the customer has made full payment.

§ 5 Quantity deviations, transfer of risk, dispatch

(1) If the quantity of goods delivered deviates by no more than 10 per cent from the quantity of goods individually manufactured to the customer's order, the delivery period shall commence. If the order quantity deviates from the order quantity provided for in the contract, the agreed price shall apply, unless this is unreasonable for one of the parties in individual cases.

(2) If, in the course of production, the order quantity of goods individually manufactured in the customer order is exceeded by more than 10 per cent for objective reasons, the parties shall be free to agree a new price for the case of total acceptance of the goods produced, taking into account the actual additional or reduced costs per item. In the event of a shortfall of more than 10 per cent of the order quantity of goods individually manufactured to the customer's order for objective reasons, the unit price per item for the quantity of the service actually performed shall be increased by mutual agreement at the request of the supplier, unless the supplier receives compensation in another way. The increase in the price should essentially correspond to the additional amount resulting from the distribution of the costs incurred to the reduced quantity. If an agreement pursuant to this paragraph fails, the parties shall be entitled to the statutory rights pursuant to Sections 313 et seq. BGB (German Civil Code).

(3) Unless the parties agree otherwise, the customer shall bear the shipping risk in accordance with the following provision. If the goods are dispatched at the customer's request, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the time of dispatch.

§ 6 Retention of title

(1) The goods (hereinafter also referred to as reserved goods) shall remain the property of the supplier until all payments have been received in full. In the event of breaches of contract by the customer, including default of payment, the supplier is authorised to take back the goods.

(2) The customer shall treat the reserved goods with care and insure them appropriately.

(3) If the purchase price has not been paid in full, the customer must inform the supplier immediately in writing if the goods are encumbered with rights of third parties or exposed to other interventions by third parties, in particular if an application for the opening of insolvency proceedings has been filed or if third parties have access to the goods belonging to the supplier (e.g. seizures).

(4) The customer is authorised to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he hereby assigns to us all claims arising from such a resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, the customer shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and insofar as the customer fulfils his payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no suspension of payments.

(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, the supplier is obliged to release the excess securities at the customer's request.

§ 7 Warranty

(1) The prerequisite for any warranty rights of the customer is the proper fulfilment of all inspection and complaint obligations owed according to § 377 HGB (German Commercial Code). If the customer fails to report a defect within 10 days of the transfer of risk, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if the customer demonstrates that an inspection for defects within the aforementioned period was unreasonable in the individual case.

(2) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier is 6 months.

(3) An additional guarantee only exists for the goods delivered by the supplier if this has been expressly given.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract (in this case, among other things, the delivery of a defect-free item and the procurement of ownership thereof).

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The limitations of para. 1 and 2 shall also apply in favour of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Use of the trademark "LUBECK", pricing, legal positions of third parties

(1) The customer is obliged to coordinate advertising using the trade mark "LUBECK" with the supplier. This does not apply in cases of § 23 MarkenG, e.g. if the use of the trade mark is necessary for the sale of goods.

(2) In principle, the customer is free to set his own prices. The Supplier points out to the Customer that the more than occasional sale of its goods below cost price may constitute an impediment to competition.

(3) If the Customer commissions the Supplier to manufacture customised goods according to the Customer's specifications, the Customer is obliged to check in advance whether the legal positions of third parties (e.g. copyrights, design rights, patents) prevent the manufacture or marketing of the goods. The customer must obtain the necessary authorisations from third parties before commissioning the supplier. If the customer fails to fulfil the obligations described in this paragraph, the customer shall indemnify the provider in full in the event of claims being asserted against the provider by third parties. Further claims for damages by the provider remain unaffected.

§ 10 Final provisions, applicable law, place of jurisdiction

(1) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

(2) Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting of deadlines, notification of defects, cancellation or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimisation of the declaring party, shall remain unaffected.

(3) This contract is subject to the law of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods).

(4) The place of fulfilment and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Wuppertal, Germany.