Conditions

General terms and conditions of business

preamble
 These general terms and conditions govern the contractual relationship between Pelz & Companion GmbH, Germany, Lauenbühlstraße 59, D-88161 Lindenberg/Allgäu, (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Buyer”).

  • 1 General, scope
     (1) The terms and conditions apply to all current and future business relationships with entrepreneurs within the meaning of Section 14 of the Civil Code (BGB), legal entities under public law and special funds under public law.
    (2) The general terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the buyer will only become part of the contract if and to the extent that the seller has expressly agreed to their validity. This consent requirement applies in all cases, for example even if the seller carries out the delivery to the buyer without reservation despite being aware of the buyer's general terms and conditions.

     (3) Legally relevant declarations and notifications that must be made by the buyer to the seller after conclusion of the contract (e.g. setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.
  • 2 Conclusion of contract
    (1) The offers on the seller's website and catalogs are non-binding and subject to change.

     (2) The nature of the ordered goods can be found in the respective product descriptions. The images may not accurately represent the products; especially colors can vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may contain the usual deviations. The characteristics described here do not represent defects in the products delivered by the seller.
    (3) Unless otherwise stated in the order, the seller is entitled to accept this contract offer within two weeks of its receipt by the seller.

     (4) The contract is only concluded when the order is confirmed by the seller to the buyer or when the goods are dispatched to the buyer.
  • 3 Delivery time and delay in delivery
     (1) Goods are delivered exclusively via PayPal or credit card payment or direct debit via PayPal.
    (2) Delivery dates and deadlines, which can be agreed upon bindingly or non-bindingly, must be set in writing. If liability is not expressly agreed, delivery dates and deadlines set in writing are non-binding in case of doubt. If effective contractual changes are subsequently agreed in this regard, all previously agreed delivery dates and deadlines will also no longer apply.

     (3) The seller is only liable for non-compliance with delivery deadlines if a delivery deadline has been expressly agreed to in writing and if the seller is at fault. However, a reasonable grace period of at least 4 weeks must first be granted in any case.
  • 4 Delivery, transfer of risk, acceptance, delay in acceptance
    (1) Delivery takes place ex warehouse, which is also the place of performance. At the buyer's request and expense, the goods will be sent to another destination (shipment purchase).

     (2) The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover at the latest. However, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment upon delivery of the goods. If acceptance has been agreed, this is decisive for the transfer of risk. The transfer or acceptance is deemed to be the same if the buyer is in default of acceptance.

    (3) If the buyer defaults on acceptance, fails to cooperate or if delivery is delayed for other reasons for which the buyer is responsible, the seller is entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).
  • 5 Prices and Payment
     (1) Unless otherwise agreed in individual cases, the seller's current prices at the time the contract is concluded plus statutory sales tax apply.

     (2) When purchasing by mail order (Section 4 Paragraph 1), the buyer bears the transport costs. The buyer is responsible for any customs duties, fees, taxes and other public charges.
    (3) Unless otherwise agreed in writing, all invoice amounts are due immediately. Interest on late payments will be charged at a rate of 8 percentage points above the respective base interest rate. Interest is due immediately. The assertion of a higher damage caused by default remains reserved. Damages caused by delay also include possible currency losses.
  • 6 Retention of title
     (1) The seller reserves ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries.
    (2) The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. If maintenance and inspection work needs to be carried out, the buyer must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the buyer must immediately notify the seller in writing if the delivered item is seized or is subject to other interventions by third parties. If the third party is unable to reimburse the seller for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the buyer is liable for the loss incurred by the seller.

     (3) The buyer is entitled to resell the reserved goods in the normal course of business.

    (4) The retention of title also extends to the products resulting from processing, mixing or combining the goods at their full value, whereby the seller is considered the manufacturer. If the right of ownership remains when processing, mixing or combining goods with third parties, the seller acquires co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.

     (5) The buyer now assigns the customer's claims from the resale of the reserved goods to the seller. This assignment applies regardless of whether the purchased item was resold without or after processing.
  • 7 Warranty
     (1) The basis for liability for defects is the agreement made regarding the quality of the goods. The product descriptions designated as such (including those from the manufacturer) are deemed to be an agreement on the quality of the goods.

     (2) The buyer's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If a defect becomes apparent during the inspection or later, the seller must be notified immediately in writing. If the buyer fails to properly inspect and/or report defects, the seller's liability for the defect not reported is excluded.
    (3) For goods that have been manufactured individually for the customer, subsequent performance is carried out at the seller's discretion through repair or replacement delivery.

     (4) The seller is entitled to refuse subsequent performance until the purchase price due has been paid, unless he is contractually obliged to provide advance performance.
    (5) The buyer must give the seller the time and opportunity necessary for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the buyer must return the defective item to the seller in accordance with legal regulations. The supplementary performance does not include the removal of the defective item or the re-installation if the seller was not originally obliged to install it.

     (6) The goods will be comprehensively checked for defects before delivery to the buyer. Unless the seller fraudulently concealed the defect or provided a guarantee for the quality of the item, the buyer's claims for subsequent performance, reduction or withdrawal in accordance with Section 437 No. 1 and No. 2 BGB are excluded.
  • 8 Liability
    (1) The seller is liable for damages suffered by the buyer due to intentional or grossly negligent behavior on the part of the seller, for personal injuries and damages under the Product Liability Act in accordance with the statutory provisions. This also applies to damage caused by the seller's vicarious agents.

     (2) The seller is only liable for simple negligence
     a) for damages resulting from injury to life, body or health,
    b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); In this case, however, the seller's liability is limited to compensation for foreseeable, typically occurring damage.
  • 9 Final Provisions
     (1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
    (2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and the provider is the registered office of the provider. This also applies if the buyer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual residence is not known at the time the action is filed.