General terms and conditions
General terms and conditions of FLUX Werkzeuge Wustrow GmbH
Scope & protection clause
(1) Only the following terms and conditions apply in the current version at the time of the order for the substantiated legal relations between the operator of the Internet shop (hereinafter "supplier") and its customers.
(2) Other general terms and conditions of the customer shall not be recognised.
Conclusion of the contract
(1) Presentation of the goods in the Internet shop is not a binding offer by the supplier to conclude a purchase contract. The customer is thus only requested to make an offer by placing an order.
(2) By submitting the order via the Internet shop the customer makes a binding offer directed at the conclusion of a purchase contract for the products contained in the shopping cart. By submitting the order the customer also accepts that the legal relationship with the supplier is solely governed by these terms and conditions.
(3) The supplier shall confirm receipt of the customer's order by sending a confirmation e-mail. This confirmation is not a binding declaration of acceptance of the contractual offer; its purpose is only to inform the customer that the order has been received by the supplier. Acceptance of the contractual offer is declared through the delivery of goods or in the form of an explicit declaration of acceptance.
Reservation of Title
The delivered goods remain the property of the supplier until the supplier has received full payment.
Deliveries shall be dispatched ex works to the delivery address specified by the ordering party unless otherwise agreed. Information about delivery deadlines is not binding unless the delivery date has been exceptionally agreed.
The ordering party can pay the purchase price via PayPal (incl. payment by credit card), in advance or on account (according to the conditions defined in § 6).
Purchase on account and default in payment
Payment on account is possible only for customers over the age of 18. Delivery address, street address and invoice address must be identical and must be in Germany. The invoice amount is due within 30 days after the date of invoice. In the case of payment on account, FLUX validates and evaluates the data specified by the ordering party. If the ordering party falls into arrears, FLUX is entitled to charge default interest in the amount of 5% p.a. above the basic interest rate of the European Central Bank. FLUX reserves the right to claim additional damages verifiably arising as a result of the default.
(1) The warranty rights of the customer are based on the general statutory provisions unless otherwise specified in the following. § 6 of these general terms and conditions applies for any claims for damages made by the customer against the supplier.
(2) The period of limitation for warranty claims made by the customer is 2 years for new products and 1 year for used goods. The period of limitation for warranty claims made by entrepreneurs is 1 year for both new products and used goods Limitations of liability pursuant to these general terms and conditions shall not apply to claims for damages due to injury to life, limb or health of the customer or to claims due to the infringement of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the object of the contract, e.g. the supplier must deliver the goods free of material defects and defects in title and to transfer title to the customer. Furthermore, limitations of liability pursuant to these general terms and conditions do not apply to claims for damages caused by an intentional or grossly negligent breach of duty by the supplier, its legal representatives or agents. Limitations of liability do not apply to recourse claims made by entrepreneurs according to Section 478 of the German Civil Code.
(3) The supplier does not issue any warranty for the products.
Exemption from liability
(1) Claims for damages by the customer are excluded unless otherwise specified. The above exemption from liability also applies to the legal representatives and agents of the supplier if the customer asserts claims against them.
(2) Claims for damages due to injury to life, limb or health of the customer and claims due to the infringement of material contractual obligations are excluded from the exemption from liability pursuant to Paragraph 1. Material contractual obligations are those whose fulfilment is necessary to achieve the object of the contract, e.g. the supplier must deliver the goods free of material defects and defects in title and to transfer title to the customer. Liability for damages caused by an intentional or grossly negligent breach of duty on the part of the supplier, its legal representatives or agents is also excluded from the exemption from liability.
(3) Provisions of the German Product Liability Act remain unaffected.
Assignment and pledge ban
The assignment or pledging of the customer’s claims or rights with respect to the supplier without the consent of the supplier is excluded unless the customer can prove a legitimate interest in the assignment or pledge.
The customer is only entitled to offset amounts if the receivable to be offset has been determined to be legally valid or is undisputed.
Choice of law & place of jurisdiction
(1) The contractual relationships shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The mandatory customer protection regulations of the customer's permanent country of residence are excluded from the choice of law. Application of the Convention on the International Sale of Goods is excluded.
(2) The exclusive place of jurisdiction for any disputes arising in connection with the use of the website shall be the headquarters of the operator if the user is a merchant, a legal person under public law or a special fund under public law.
European Online Dispute Resolution platform
As of 9/1/2016, disputes between consumers and traders with respect to online purchase contracts or online service contracts shall be resolved via an online platform. This platform is provided by the European Commission and available under http://ec.europa.eu/consumers/odr.
If any provision of these general terms and conditions is found to be invalid, the validity of the other provisions shall not be affected.
Source of the German text (parts): kluge-recht.de