§ 1 Scope
The following terms and conditions apply to all business relationships between our company and the customer.Aşağıdaki şartlar ve koşullar şirketimizle müşteri arasındaki tüm ticari ilişkiler için geçerlidir.
§ 2 Consumer transactions
Consumer transactions within the meaning of these general terms and conditions is a legal transaction with a customer for whom the business does not belong to the operation of his company (§1KschG).
§ 3 Different conditions
Insofar as the underlying transaction is not a consumer transaction, conditions deviating from the written contract (parts of the contract) must be in written form, or at least in the form of written order confirmations, in order to be legally effective
§ 4 Commitments from employees
If our company is able to bind commitments of employees of our company also after the consumer protection law, it is pointed out in the interest of a complaint-free business transaction that it is forbidden to employees of our enterprise to deviate from these conditions
§ 5 Intellectual property
All documents and brochures, catalogs, samples and the like remain the intellectual property of our company. Any use or duplication requires the express consent of our company
§ 6 Offers
Insofar as the underlying transaction is not a consumer transaction, offers are only binding if they are in writing.
§ 7 Acceptance of the offer
A contract is concluded upon acceptance of the offer by the customer. The acceptance of an offer made by our company is basically only possible with regard to the entire offered service. Insofar as the underlying transaction is not a consumer business, deviations from this require the written form. Amicably as openly agreed parts of the order are to be specified in the order confirmation.
§ 8 Minor performance changes
Changes to the agreed performance or deviations are reasonable for the customer if they are minor and objectively justified
§ 9 Dunning and collection charges
The customer undertakes in the event of default with its contractual obligations to replace our company for the appropriate legal action dunning and collection charges, as far as they are in reasonable proportion to the operated claim. In particular, the customer undertakes to pay a maximum of the remuneration of the debt collection agency involved, which results from the decree of the Federal Minister for Economic Affairs on the maximum rates of debt collection institutions due remuneration. In addition, the customer undertakes to pay an amount of € 12 per reminder and to pay an amount of € 4 per half-year for the evidence retention of the debt in the dunning process. In addition, in entrepreneurial business, any further damage, in particular the damage resulting from the non-payment of correspondingly higher interest on any credit account with the contractor, shall be reimbursed irrespective of the default of default if the contractor is not deprived of his right to eight percentage points above per anno use the base interest rate as a lump-sum contractual penalty (see above).
§ 10 Late payment interest
In case of non-faulty default of payment, an interest rate of 8 percent above the current base lending rate of the European Central Bank shall be charged as compensation for the credit charges accruing to our company, subject to the assertion of any further damage. In the consumer business, the default interest rate is five percentage points above the base rate. In the case of credit transactions with consumers, the default interest amounts to the interest rate agreed for the contractual payment plus 5 percentage points per annum. The claim for dunning and collection charges remains unaffected insofar as it exists.
§ 11 Address changes
The contracting parties must notify each other of address changes immediately. If a part fails to do so, then its last known address applies to all deliveries. Expenses for address determination is borne by the offending part.
§ 12 Jurisdiction
For disputes arising from the contractual relationship on which these general terms and conditions are based, the competent court for the (main) seat of our company is agreed as the place of jurisdiction.
In the case of consumer transactions, this only applies to claims of our company against the consumer if the customer has his domicile, habitual residence or place of employment at the time of the conclusion of the contract in the district of that court. For complaints of the consumer against our company in addition to the jurisdiction set forth in the first sentence, all other statutory jurisdictions beyond.
§ 13 Severability clause
In the event of invalidity of individual provisions of these General Terms and Conditions, all others shall remain valid.