General Terms of Business
§ 1 General
- The following General Terms of Business (hereinafter GTB) shall apply exclusively to the business relationship between the customer and us. You can download or print out the text of our GTB on your computer. The consumer is any natural person who concludes a legal transaction, the purpose of which can be ascribed neither to their commercial or industrial nor self-employed occupation. A businessperson is any natural person or legal entity who/which is practising their commercial, industrial or self-employed occupation when concluding a legal transaction.
- Our offers shall be made exclusively on the basis of and including our General Terms of Business, which shall always constitute an element of the contract.
- Even if we do not explicitly object to any deviating, contrary or supplementary general terms of business of our customers, such terms of business shall only become an element of the contract if we explicitly recognise their inclusion in writing before or at the conclusion of the contract. Any contrary confirmations of the customer with a reference to deviating terms of business are herewith objected to in advance.
§ 2 Conclusion of contract for orders at www.nivrel.com and shop.nivrel.com
- The customer's order shall constitute an offer to us to conclude a purchase contract.
- We shall be entitled to accept the offer of contract which is contained in the order within 7 days after we receive the order. Acceptance of the offer can be declared either in writing or by delivery of the product to the customer. After fruitless expiry of the 7-day period the offer shall be deemed as having been accepted.
- We will confirm receipt of the order by e-mail without delay. However, confirmation of receipt does not constitute acceptance of the offer, but simply informs you that the order has been received.
§ 3 Reservation of availability of supplies and raw materials
- The conclusion of the contract shall be subject to the reservation of the proper and timely availability of supplies and raw materials from our suppliers, but only subject to the proviso that we are not responsible for the fact that our supplier has not delivered to us and that we have concluded an identical covering transaction with our supplier and that the incorrect or failed delivery to ourselves is not predictable, cannot be prevented at a reasonable expenditure and is not only temporarily.
- If the goods which we are obliged to supply are unavailable, we shall notify the customer promptly, and in this case we shall refund without delay any consideration which may have been provided by the customer.
§ 4 Costs of return shipment by exercise of the right of cancellation
In case the customer is a consumer, the customer shall have a right of cancellation. The customer will have to bear the direct cost of returning the goods.
§ 5 Delivery
- We only supply customers within the regions specified on our online offer.
- Unless otherwise agreed upon delivery is made ex our warehouse to the delivery address provided by the customer.
- The delivery periods stated in our online shop under the product description shall apply. The delivery period begins on the workday following receipt of payment.
- If the period for performance is exceeded, the customer shall set a reasonable time limit for the performance.
- Circumstances or events which are beyond our control and which make timely performance impossible or unreasonable, e.g. traffic or operational interruptions, energy shortage, legitimate disputes or lockouts or force majeure shall extend the period for performance as appropriate. The same shall apply if the aforementioned circumstances arise for one of our suppliers, although the legitimacy of any industrial dispute shall not be decisive in this case.
- If the customer is a businessperson we shall be entitled to make partial deliveries. We shall bear any additional shipping costs incurred as a result of making partial deliveries.
- Adherence to our delivery obligations shall be conditional on the timely and proper fulfillment of the contractual obligations of our customer.
§ 6 Transfer of risk, transport risk
- If the customer is a businessperson the risk of accidental destruction and accidental deterioration of the goods shall pass to the customer when the goods are handed over, or in the event of sale by delivery when the goods are handed to the haulage contractor or carrier.
- If the customer is a consumer the risk of accidental destruction and accidental deterioration of the goods shall only pass to the customer when, in the event of sale by delivery, the goods are handed over to the customer.
- The selection of the means of transport and the transport route shall be our responsibility.
- If the customer is in default as regards acceptance the goods shall be deemed to have been handed over.
§ 7 Prices, payment, delay
- The prices are in euros. The legal rate of value-added tax is included in the purchase price.
- If the customer is a businessperson and delivery is being made abroad, no value-added tax will be invoiced if the customer provides us with their current VAT identity number and proof of their commercial/industrial occupation. Prior contact at firstname.lastname@example.org is mandatory in this case.
- The purchase price is due immediately (payment in advance).
- The customer can pay the purchase price by bank transfer, through PayPal or, in the case of self-collection, in cash.
- The customer is in default if payment has not been made within 30 days of the invoice being received and due and the customer has been informed of this consequence in the invoice. In the event of default we are entitled to charge consumers default interest in the sum of 5 percentage points above the base rate and businesspersons default interest in the sum of 8 percentage points above the base rate.
- Customers are only entitled to setoff if their counterclaims have been established as final and absolute or are uncontested. Customers can only exercise right of retention if their counterclaim is based on the same contractual relationship.
§ 8 Warranty
- Insofar as the goods display defects the following shall apply for the consumer:
a. First, the customer has the choice of supplementary performance being carried out by means of remedying of the defect or replacement. However, we are entitled to reject the type of supplementary performance selected if it is only possible in connection with disproportionate costs and the other type of supplementary performance is without material detriment for the customer.
b. We shall bear any expenses necessary for the supplementary performance. If supplementary performance fails customers may categorically assert their right, as they see fit, to cancellation of the purchase or reduction of the price. Rescission of the contract is excluded if the defect is slight and immaterial.
c. The warranty period is 2 years as of the goods being delivered.
- If the customer is a businessperson the following shall apply:
a. Minor variations of the delivered goods from the goods as ordered shall not constitute a defect unless we have given an assurance of the characteristics or a guarantee and unless the contractual use is limited or impaired.
b. The customer shall be obliged to inspect the goods promptly after receipt for completeness and freedom from defects. Any obvious defects in the delivered good shall be notified promptly, but at the latest within 10 days from the date of hand-over. Any hidden defects shall be notified promptly, but at the latest within 10 days from the date when they become apparent. The decisive date for the notice in this respect shall be the time when the notification is sent. If the customer fails to comply with these periods of notice, the goods shall be deemed to comply with the contract.
c. In the event of a defect, we shall initially be entitled at our own discretion to supply a replacement or to remedy the goods. If this remedy or replacement fails twice, the customer shall be entitled to reduce the remuneration or to rescind the contract.
d. If the contract is rescinded because the replacement delivery or remediation of a defect has failed, there shall not be any additional entitlement to compensation for the defect.
§ 9 Characteristics of the goods/guaranteed characteristics
- As concerns companies the product description by the manufacturer shall be deemed to be the only agreed basis for the characteristics of the goods. Any public statements, recommendations or advertising by the manufacturer shall not constitute contractually assured characteristics of the goods. The same shall apply to technical descriptions and details of the colour, form and size in our catalogues, prospectuses and price lists.
- We assume no guarantee for the character/nature of the goods.
§10 Limitations of liability and statute of limitations for warranty and compensation claims
- In the case of ordinary negligence of our obligations our liability is restricted to the foreseeable loss, loss typical for the contract and immediate standard loss, depending on the situation. We are not liable vis-à-vis companies for the ordinary negligence of insubstantial contractual obligations.
- Sub-section 1 shall not apply to any injury, damage to health or loss of life of the customer which is attributable to us and customer claims arising from product liability.
- Vis-à-vis consumers the warranty period is 2 years as of delivery of the goods.
- Vis-à-vis companies the period of limitation for warranty claims and claims for damages on the part of the customer is 1 year as of delivery of the goods for defects. This does not apply to cases of fraudulent intent, gross negligence or willful intent.
§ 11 Reservation of title
- We reserve title to the goods until the purchase price has been paid in full.
- If the customer is a businessperson we retain title to the delivered goods until our claims to payment of the purchase price arising from the business relationship have been satisfied in full. Our reservation of title expires when all accounts receivable still outstanding at the time of payment and covered by our reservation of title have been settled.
- The businessperson is entitled to resell the goods subject to reservation of title within the scope of an orderly business transaction as long as they meet their contractual obligations towards us in due form. The customer hereby assigns to us the receivables arising from reselling the goods to the amount of the respective invoiced sum. We grant the customer the authority, revocable at any time, to collect the receivables.
- In the case of contracts with companies we are obligated, at the request of the customer, to release collateral as we see fit until the aforesaid limit has been reached if the value of our collateral exceeds our receivables by more than 10%.
- The customer is not allowed to pledge the goods or transfer ownership of such by way of security to third parties. The customer is to inform us immediately of any third-party interference in our property.
- Businesspersons are obligated to insure the goods subject to reservation of title at original value at their own expense against loss by fire, water and theft and provide us with evidence of payment of the premiums due if we so request. The businessperson assigns to us in advance any insurance claims arising from future cases of loss. We accept the assignment. This assignment and any insurance benefits are made on account of performance.
§ 12 Applicable law
The laws of the Federal Republic of Germany shall apply on exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 13 Data protection
The data required for handling the transaction is stored and passed on to associated companies during order processing if necessary. The data that has been passed on is treated in accordance with the provisions of the Federal data protection law (BDSG) and the German teleservices data protection law (TDDG).
§ 14 Place of jurisdiction
If the customer is a businessperson the place of jurisdiction for any disputes arising from the contractual relationship is Saarbrücken.
§ 15 Concluding provisions
If any individual provisions should be legally invalid, this shall not affect the binding character of the other provisions.