1. The Terms and Conditions of Business apply to all present and future business relationships.
2. Consumers within the meaning of the Terms and Conditions of Business are natural persons, as defined under Section § 13 of the Bürgerliches Gesetzbuch [German Civil Code], with whom a business relationship is entered into without a commercial or independent professional activity being ascribable to them.
3. Entrepreneurs within the meaning of the Terms and Conditions of Business are natural or legal persons or partnerships with legal capacity as defined under Section 14 of the Bürgerliches Gesetzbuch, with whom a business relationship is entered into and who are acting in the exercise of a commercial or independent professional activity.
4. Customers within the meaning of the Terms and Conditions of Business are both consumers and entrepreneurs.
5. Different, conflicting or supplementary general terms and conditions of business shall not become an integral part of the agreement even if we are aware of them, unless their validity is expressly agreed to in writing
1. Our offers remain subject to change. We reserve the right to technical alterations as well as alterations to shape, colour and/or weight when these are reasonable. The performance specifications of the individual products are provided merely as information serve for the Customer's information and do not represent any guarantee of their properties or durability.
2. By ordering an article the Customer declares with binding effect that he wishes to acquire the goods he has ordered. We are entitled to accept the offer of contract contained within the order within two weeks of receipt. The acceptance can be declared either in writing or by delivering the goods to the Customer.
3. If the Consumer orders the goods electronically, we shall confirm receipt of the order immediately, either by sending an invoice or an order confirmation. The latter must be signed and returned to us. The confirmation of receipt does not yet represent any binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
4. The conclusion of the contract takes place subject to correct and punctual delivery to ourselves by our suppliers. This applies only in the event that non-delivery is beyond our control, especially when a matching hedging transaction is concluded with our supplier. The Customer shall be informed immediately in the event that the goods or service are not available. The consideration shall be reimbursed immediately.
5. Insofar as the Consumer orders the goods electronically, the text of the Agreement shall be stored by us and sent to the Customer on request. By concluding the Agreement, the Customer consents to his personal details being stored and processed electronically.
1. In the case of agreements with consumers, we retain the ownership of the goods until the purchase price has been paid in full. In the case of agreements with entrepreneurs, we retain the ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.
2. The Customer is obliged to handle the goods with care. Insofar as servicing and inspection work is necessary, the Customer must undertake this regularly at his own expense.
3. The Customer is obliged to inform us immediately of any access to the goods by third parties, for example in the event of garnishment or any damage or the destruction of the goods. The Customer must immediately notify us of any change in ownership of the goods as well as the change of his own place of residence.
4. In the event that the Customer behaves contrary to the Agreement, especially in the event of default of payment or of an infringement of any duty in accordance with Points 3. and 4. of this provision, we are entitled to withdraw from the Agreement and demand the return of the goods.
5. The Entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns all claims which accrue to him through the resale to a third party to us up to the sum of the invoice amount. We hereby accept the assignment. Following the assignment, the Entrepreneur is entitled to collect the claim. We reserve the right to collect the claim ourselves as soon as the Entrepreneur fails to meet his payment obligations properly and falls into default of payment.
6. The handling and processing of the goods by the Entrepreneur always takes place in our name and on our behalf. If the goods are processed along with items which do not belong to us, we acquire shared ownership of the new item in proportion to the value of the goods supplied by us compared to the other items processed. The same applies if the goods are mixed with other items which do not belong to us.
1. The Consumer can revoke his declaration of intent to conclude the Agreement in the case of agreements which were concluded
a) via verbal negotiations at his place of work or in the area of his private home,
b) during a leisure event run by the Entrepreneur or by a third party acting at least also in the interest of the Entrepreneur or
c) solely through the use of remote means of communication, in other words means of communication which can be used to initiate or conclude an agreement between a consumer and an entrepreneur without both the parties to the agreement being physically present at the same time, in particular letters, catalogues, telephone calls, faxes, emails as well as all radio and media services and teleservices.
2. No reason need be provided when revoking the agreement. The revocation must be declared in writing or by returning the item within two weeks to
ConCord Remarketing GmbH
Auf dem Nol 34
86179 Augsburg (Germany)
mail@concord-remarketing.com.
3. Punctual dispatch suffices to comply with the tine limit. The time limit begins with the communication of this instruction. When this is transmitted after the conclusion of the Agreement, the time limit is one month. The right of revocation expires at the latest six months after the conclusion of the Agreement. In the case of the supply of goods, the time limit shall not begin before the day on which they are received by the recipient.
4. When exercising the right of revocation, the Purchaser is obliged to send the purchased goods back to ConCord Remarketing GmbH as a package immediately. Goods must be returned in their original condition in the undamaged sales packaging. The Purchaser shall bear the full shipment costs.
5. The Consumer must pay compensation for any loss of value through any deterioration of the goods arising in the course of their being used as intended. The Consumer may check the goods carefully and diligently. The Consumer must bear any loss in value due to the goods being used beyond the scope of purely checking them, which leads to the goods no longer being able to be sold as "new".
6. We reserve the right only to supply the goods after expiry of the revocation period.
1. The offered purchase price is binding. Unless stated otherwise, all prices are ex warehouse exclusive of packaging, transport and freight insurance, and inclusive of the value added tax in force on the day of delivery.
2. Payment options at ConCord Remarketing GmbH are either:
a) Prepayment,
b) cash on delivery or
c) special written agreements.
3. If specially agreed payment deadlines are not met, the Consumer/Entrepreneur shall be in default of payment. During the period of default, the Consumer must pay interest on the amount owed in the amount of 5% above base rate. During the period of default, the Entrepreneur must pay interest on the amount owed in the amount of 8% above the base rate. With respect to entrepreneurs, we reserve the right to prove and assert higher damages caused by the default of payment.
4. The Customer only has the right of setoff when his counterclaims have been established as being legally binding or have been acknowledged by us. A right of retention may only be exercised if the counterclaim rests on the same contractual basis.
1. If the Purchaser is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Purchaser at the time of handover, or in the case of a mail order purchase, at the time the item is delivered to the carrier, forwarding agent or other person or institution appointed to implement the shipment. We can insure the goods if requested by the Customer in writing. The Customer shall bear the costs of insurance.
2. If the Purchaser is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Purchaser until the item is handed over. This shall also apply in the case of a mail order purchase.
3. Handover shall be considered as having taken place if the Purchaser is in default of acceptance.
1. Every item purchased must be used in accordance with its intended purpose. Written or verbal instructions on use attached by the manufacturer or seller must be observed. Any use which is not in accordance with the purpose of the purchase item, is beyond the intended use or is inappropriate shall result in all warranty claims being excluded. For components which are subject to a certain level of wear (rechargeable batteries, batteries, ink, toner, etc.) signs of wear and tear or deterioration based on use in accordance with the Agreement do not represent any material defect.
2. For entrepreneurs the warranty period is one year from the delivery of new item purchased. The period begins from the time the item is handed over. For used item purchased, the warranty is 3 months.
3. Insofar as a defect exists in the new item purchased, we are entitled to choose whether to rectify the defect or to supply an item which is free from defects (supplementary performance). The prerequisite for our being liable for defects is that the defect involved should not be insubstantial. If one or both types of said supplementary performance should be impossible or disproportionate, we are entitled to refuse this. We can also refuse supplementary performance for as long as the Purchaser does not fulfil his payment obligations to us to an extent which corresponds to the part of the performance that is free from defects.
4. If the supplementary performance mentioned in Clause 3 should be impossible or should fail, the Customer can, as a matter of principle, have the option of demanding a price reduction (abatement) or cancelling the Agreement (withdrawal). However, in the case of only minor infringements of the Agreement, in particular with respect to only minor defects, the Customer is not entitled to any right of withdrawal.
5. Insofar as no other claim arises below (Clause 6), all further claims by the Customer, irrespective of the legal grounds on which they are based (in particular any claims for compensation, above all claims arising from damages not related to the item purchased such as clams for loss of profit) shall be excluded.
6. The exclusion of liability regulated in Clause 4 shall not apply if the damage leads to injury to life, limb or health which is due to our culpable infringement of duties or that of our vicarious agents. It shall also not apply if the limitation of liability leads to an exclusion or limitation of the liability which is based on an intentional or grossly negligent neglect of duties by us or our vicarious agents. Liability shall equally not be excluded in the event of an infringement of material contractual duties, but is only limited to the foreseeable damages typical of such an agreement. Such exclusion of liability shall also not apply to any warranties that are given or assurances of warranted characteristics if precisely a defect covered by these triggers our liability. A warranty within the meaning of increased liability or the acceptance of a particular obligation to meet claims shall only be considered to exist if the terms "warranty" or "assurance" are expressly stated. The above applies analogously in the event of reimbursement of expenses.
1. Every item purchased must be used in accordance with its intended purpose. Written or verbal instructions on use attached by the manufacturer or seller must be observed. Any use which is not in accordance with the purpose of the purchase item, is beyond the intended use or is inappropriate shall result in all warranty claims being excluded. For components which are subject to a certain level of wear (rechargeable batteries, batteries, ink, toner, etc.) signs of wear and tear or deterioration based on use in accordance with the Agreement do not represent any material defect.
2. The warranty period is one year for all used items that are supplied and two years for new item purchased. The period begins from the time the item is handed over.
3. If the Purchaser is a consumer, he shall initially have the choice of rectification of the defects or a replacement delivery as the means of supplementary performance. However, we are entitled to refuse the chosen means of supplementary performance if the cost of doing so is disproportionately high and the other means of supplementary performance does not result in any substantial disadvantages for the Consumer. If the second attempt at supplementary performance also fails, the Customer shall, as a matter of principle, have the option of demanding a price reduction (abatement) or cancelling the Agreement (withdrawal). However, in the case of only minor infringements of the Agreement, in particular with respect to only minor defects, the Customer is not entitled to any right of withdrawal.
4. If the Customer opts to withdraw from the Agreement due to a defect of title or material defect after all attempts at supplementary performance have failed, he shall not be entitled to any claims for damages on account of the defect. If, after all attempts at supplementary performance have failed, the Customer opts to seek compensation for damages, the goods shall remain with the Customer if this is acceptable to him. Claims for compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply insofar as anything different derives from Clause 5 below.
5. The exclusion of liability regulated in Clause 4 shall not apply if the damage leads to injury to life, limb or health which is due to our culpable infringement of duties or that of our vicarious agents. It shall also not apply if the limitation of liability leads to an exclusion or limitation of the liability which is based on an intentional or grossly negligent neglect of duties by us or our vicarious agents. Liability shall equally not be excluded in the event of an infringement of material contractual duties, but is only limited to the foreseeable damages typical of such an agreement. Such exclusion of liability shall also not apply to any warranties that are given or assurances of warranted characteristics if precisely a defect covered by these triggers our liability. A warranty within the meaning of increased liability or the acceptance of a particular obligation to meet claims shall only be considered to exist if the terms "warranty" or "assurance" are expressly stated. The above applies analogously in the event of reimbursement of expenses.
1. In the event of a breach of duties due to slight negligence, our liability shall be limited to the average foreseeable, direct damages typical of this form of agreement and the type of goods in question. This also applies to breaches of duties resulting from slight negligence on the part of our legal representatives or our vicarious agents. We are not liable to entrepreneurs for breaches of immaterial contractual duties resulting from slight negligence.
2. The above limitations of liability do not apply to claims by the Customer arising from product liability. Furthermore, the limitations of liability do not apply to injury to body or health which is attributable to us, nor does it apply to the loss of the life of a Customer.
3. Claims for damages asserted by the Customer on account of a defect which are not based on injury to the life, body or health of the Customer, shall fall under the statute of limitations one year after the goods are delivered. This does not apply if we are culpable of fraudulent intent.
In derogation of Section 195 BGB (Bürgerliches Gesetzbuch [German Civil Code]), our claims fall under the statute of limitations in five years. The start of the statute of limitations shall be determined in accordance with Section 199 BGB.
1. Choice of law clause for entrepreneurs: The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
2. Choice of law clause for consumers: The law of the Federal Republic of Germany applies unless any special consumer regulations in the Customer's home country are more favourable.
3. If the Customer is a merchant, legal person under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from this Agreement shall be the registered office of ConCord Remarketing GmbH. The same applies if the Customer has no general place of jurisdiction in Germany or his place of residence or normal place of abode are not known at the time of commencing legal action.
4. The export of the goods supplied may only take place with the approval of the authorities concerned. The Customer is solely responsible for obtaining the necessary approval. The possible refusal does not represent a defect in the item purchased.
5. If individual provisions of the Agreement with the Customer, including these General Terms and Conditions of Business, should be or become wholly or partly ineffective, the validity of the remaining provisions shall not be affected. The wholly or partly ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.