General terms and conditions of the JDKRUEGER&CO online shop
1. Scope and Provider
(1) These General Terms and Conditions apply to all orders placed by customers in the online shop of JDKRUEGER OÜ, Keemia 4, 10616 Tallinn, Estonia.
(2) The offer in our online shop is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) BGB, i.e. who are acting in the exercise of their commercial or self-employed professional activity when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our general terms and conditions is already contradicted.
2. Conclusion of contract and prices
(1) By completing the customer's order in our online shop, the customer submits a binding purchase offer. If we then send an automated confirmation of receipt, this does not constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we separate the goods without a prior express declaration of acceptance and send them to the customer to ship.
(2) The prices given in our online shop are net prices. In addition, the applicable statutory value-added tax applies.
(3) All prices do not include the shipping costs stated in each case.
3. Terms of payment; default
(1) The payment methods that can be selected by the respective customer are specified in our online shop.
(2) All payments are due upon invoicing.
(3) In the case of payment by credit card or Paypal, the purchase price is reserved on the customer's credit card at the time of the order ("authorization"). The customer's credit card account is actually debited when we send the goods to the customer or begin to provide the service.
(4) When paying by direct debit, the customer may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details transmitted by the customer.
(5) If the customer is in arrears with a payment, he is obliged to pay the statutory default interest of 9 percentage points above the base interest rate. There is also a right to payment of a lump sum of 40 euros. The assertion of further damages remains reserved.
(6) If the customer does not meet his payment obligations on time or it turns out that his financial circumstances are no longer sufficient for any credit granted or deferral, we are entitled to make all outstanding claims due immediately or to demand security.
4. Set-Off/Right of Retention
(1) The customer only has the right to offset if his counterclaim has been legally established or is not disputed by us.
(2) The customer can only assert a right of retention if his counterclaim is based on the same contractual relationship.
(3) We can assert a right of retention with regard to all future orders from the customer, including those that have been accepted, if the customer does not meet his payment obligations.
5. Delivery, Transport Risk, Delivery Dates
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address you have specified. The delivery of freight forwarding goods is free curb, unless otherwise agreed in individual cases.
(2) The risk passes to the customer when the goods are handed over to the forwarding agent, carrier or other third party commissioned to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.
(3) We are released from our service if we were not supplied in time by our suppliers within the framework of a congruent hedging transaction, unless we are responsible for the non-delivery ourselves. The customer will be informed immediately about the missing delivery and the consideration will be refunded immediately.
(4) If advance payment has been agreed, the specified delivery dates are subject to timely payment. In the event of late payment, the delivery date will be postponed accordingly.
(5) We are entitled to make partial deliveries if this is reasonable for the customer after weighing up the interests of both parties. Additional shipping costs are at our expense. The risk passes to the customer when the respective partial delivery is handed over. If we are in arrears with outstanding partial services or if we are unable to deliver outstanding partial services, the customer is entitled to withdraw from the contract as a whole or to demand compensation for non-fulfilment of the entire obligation, provided that he has no interest in the partial delivery.
5. Retention of Title
(1) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that accrue to the customer from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.
(3) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10 %. We are responsible for selecting the securities to be released.
(1) Unless expressly agreed otherwise, the customer's warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB) with the modifications specified in the following paragraphs.
(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may differ from the information in the online shop. Our information on the subject of the delivery or service, including the illustrations, are only approximate descriptions unless an exact match is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately after receipt of the goods. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
(4) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
(5) If the supplementary performance fails twice, the customer can either demand a price reduction or withdraw from the contract.
(6) The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
(7) Should the delivery of used products be agreed between us and the customer in individual cases, this is done without any warranty.
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
8. Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
(2) German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer is our place of business.