General sales and delivery conditions of Sport Duwe Wörrstadt UG
1. These terms and conditions apply to consumers within the meaning of Section 13 of the German Civil Code (“consumer”) for the contractual relationship in which they were included due to our reference to them.
2. In relation to companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law (collectively for the purposes of these terms and conditions "entrepreneurs"), these terms and conditions do not apply to the contractual relationship in which they are included, but also to everyone future business relationships if we do not refer to any terms and conditions.
3. Deviating, contradicting or supplementary “General Terms and Conditions” of the customer are not part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.
Conclusion of contract
1. Our offers are non-binding and subject to prior sale.
2. The delivery dates listed on orders or order confirmations are non-binding. Dates are only binding if they are expressly designated as a fixed date.
3. With the acceptance of an offer or the submission of his own offer, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contract offer contained in the order within one week of receipt. Acceptance can be declared either expressly or by starting processing the order.
4. As regards the quality of the goods, only the product description is deemed to have been agreed upon with companies. Public statements, promotions or advertising do not represent a contractual specification of the quality of the goods.
5. By providing samples before or on the occasion of the conclusion of the contract, no “purchase according to sample” is agreed. The samples are only illustrative samples that show the approximate character of the goods. Certain properties are not agreed hereby. This does not apply if it is expressly agreed that delivery should take place in accordance with the sample.
1. Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply. For entrepreneurs, prices are ex warehouse plus statutory sales tax.
2. In the case of sales by mail order, the customer, who is an entrepreneur, bears the transport costs from the warehouse and the costs of any transport insurance requested by the customer. Any customs duties, fees, taxes and other public charges are borne by the buyer.
3. In relation to entrepreneurs, we do not take back transport or any other packaging in accordance with the packaging ordinance; it becomes the property of the buyer. Pallets are excluded.
4. If, after the conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardized by the customer's inability to perform (e.g. by filing for insolvency proceedings), we are, according to the statutory provisions, to refuse performance and - if necessary after setting a deadline - to withdraw from Contract entitled (§321 BGB). In the case of contracts for the production of custom-made products, we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.
1. The dispatch takes place at our choice ex warehouse or factory. We reserve the right to choose the type and route of dispatch. Partial deliveries that are reasonable for the customer are permitted.
2. If we cannot meet binding delivery deadlines for reasons (unavailability of the service) for which we are not responsible, we will inform the customer of this immediately and at the same time notify the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. We will immediately reimburse any consideration already paid by the buyer. A case of unavailability of the service in this sense is particularly the late delivery by our supplier if we have concluded a congruent hedging transaction and if neither we nor our supplier are at fault.
Transfer of risk to entrepreneurs, default of acceptance by the customer
1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred when the goods are handed over, or when the goods are shipped to the freight forwarder, the carrier or the person otherwise appointed to carry out the shipment Institution.
2. If dispatch is delayed at the customer's request, the risk referred to in paragraph 1 is transferred to the customer upon notification of readiness for dispatch and the goods at his own expense. We are entitled to claim further damages if necessary.
Retention of title
1. Goods delivered by us ("reserved goods") remain our property until the agreed remuneration has been paid in full.
2. If the customer is not in default of payment, he is only entitled to resell the goods subject to retention of title under agreement of a corresponding retention of title with his customer, which safeguards our retention of title. Pledging and transfer by way of security are not permitted. The customer hereby assigns his claims from the resale or subletting of the reserved goods to us, if and to the extent that our retention of title exists.
3. If other goods belonging to the customer are sold together with the goods subject to retention of title at the total price, the assignment only includes the claim in the amount of the price for the goods we have delivered. The customer is entitled to collect the claim. This authorization ends as soon as the buyer expires as soon as the buyer does not meet his payment obligations as agreed. In this case we are allowed to collect the assigned claim ourselves.
4. If the value of the security means exceeds the claim to be secured by more than 10%, we undertake to release the excess amount.
5. If third parties access the reserved goods, the customer will point out our ownership and notify us immediately. The customer has to reimburse costs and damage.
6. If the customer acts in breach of contract - in particular default of payment - we are entitled to take back the goods subject to retention of title or, if necessary, to demand the assignment of the claims for surrender. The taking back or the seizure of the reserved goods by us does not mean a withdrawal from the contract.
Warranty when purchasing goods
1. The statutory provisions apply exclusively to consumers and the following paragraphs do not apply. The following paragraphs apply to customers who are entrepreneurs.
2. The customer has to comply with the requirements of §§377,381 HGB.
3. Obvious transport damage must be reported by the customer to the transport company immediately upon receipt of the goods.
4. We initially guarantee defects in the goods by repair or replacement delivery, at our option.
5. If the supplementary performance fails, the customer can in principle, at his option, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the case of only a minor lack of conformity, in particular only minor defects, the customer has no right of withdrawal
6. The warranty period is one year. This does not apply if the claim results from liability when assuming a guarantee, liability for fraudulent, willful and grossly negligent behavior, from injury to food, body or health or from product liability law.
7. The special legal provisions for final deliveries of the purchased goods to a consumer (§§478, 479 BGB) remain unaffected by the above regulations.
Guarantee of goods processed for the customer
1. If we process the customer's goods on their behalf, we are liable to consumers in accordance with the statutory provisions.
2. The following paragraphs apply to entrepreneurs for the processing of goods made available by them.
3. We will remedy any defects, at our discretion, by repairing or producing a new work.
4. We can refuse supplementary performance without prejudice to §275 Paragraphs 3 and 3, if it is only possible at disproportionate costs.
5. The warranty period for companies is one year. This does not apply if the claim from this liability results from the assumption of a guarantee, the liability for fraudulent, willful and grossly negligent behavior or from injury to life, limb or health.
1. Our liability is based on the statutory provisions, unless otherwise agreed below.
2. In the event of a simple negligent breach of essential contractual obligations, our liability is limited to the amount of foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
3. The limitation period for claims according to paragraph 2 from customers who are entrepreneurs is one year.
4. Our liability for the negligent breach of insignificant contractual obligations is excluded.
5. Paragraphs 2, 3 and 4 do not apply to claims arising from injury to body, health or life, in the event of fraudulent behavior, assumption of a guarantee or claims under the Product Liability Act.
Print templates for customizing goods
1. If we create print templates at the customer's request which are to be used for the individualization of goods on behalf of the customer, we will correct errors in the templates free of charge until they are approved by the customer. Other requests for changes or changes to print templates already approved by the customer will be invoiced at our usual, reasonable rates.
2. If the customer provides us with print templates or other graphic components for the customization of goods, he is responsible for ensuring that he has the necessary rights to these. Otherwise he will hold us free from all corresponding claims by third parties.
3. If we have reasonable doubts as to whether the customer is the owner of the rights required under paragraph 2 or we are of the justified opinion that the customer's submissions violate laws or the rights of third parties, we are entitled to refuse performance until the customer has demonstrated that our concerns are not justified.
Processing of goods on behalf of the customer
1. If the customer provides us with goods that we should process for him (e.g. applying labels or logos), we are only liable for the suitability of the goods for the processing requested by the customer if we should have recognized that the goods were is not suitable for editing.
2. If we have pointed out to the customer that the goods delivered by him are not suitable for processing in our opinion, we can withdraw from the contract or offer the customer to carry out the processing at his own risk. If the customer requests processing, we are not liable if damage to the goods occurs due to the lack of suitability; this does not apply if we cause damage intentionally or through gross negligence.
3. The above paragraphs apply accordingly if the customer purchases the goods made available from us, even if the purchase of the goods and their processing are the subject of a contract. This does not apply if we have just offered the goods to the customer for processing purposes.
1. Should any provision of these terms and conditions be or become void, ineffective or unenforceable in whole or in part, or should a regulation that is necessary in itself not be included, the effectiveness and enforceability of all other provisions of these terms and conditions will not be affected.
Applicable law and place of jurisdiction for entrepreneurs
1. If our customer is an entrepreneur, the following applies.
2. The contract is subject solely to the law of the Federal Republic of Germany to the exclusion of the UN sales law. International private law does not apply insofar as it is indispensable.
3. The sole place of jurisdiction for all disputes in connection with this agreement is at our registered office. However, we are also entitled to take legal action at the customer's general place of jurisdiction.