General Terms and Conditions of Business
EIKA Einkaufsgesellschaft für gemeinnützige Einrichtungen mbH
Enderstraße 94 House A, 01277 Dresden / Germany (as at 25.10.2017)
1. General - Scope of application
2. Offer - Contract conclusion
3. Prices, payment, delivery and shipping costs
4. Delivery - Transfer of risk
5. Property reservation
7. Defects - Liability
9. Information on online dispute settlement
10. Final provisions
§ 1 General - Scope of application
1. The following general terms and conditions (hereinafter referred to as "GTC") shall apply to the terms and conditions valid exclusively between the customer as purchaser and the EIKA Einkaufsgesellschaft für gemeinnützige Einrichtungen mbH (hereinafter referred to as: Seller), unless these are expressly amended by written agreement between the parties. All contract services are subject to these General Terms and Conditions.
2. We hereby expressly contradict any application or inclusion of the General Terms and Conditions by the customer. If the customer explicitly contradicts our terms and conditions in his general terms and conditions, only the clauses of the contract shall be deemed to have been agreed upon. All other provisions will not become a contractual component, without the other contract becoming ineffective.
3. Amendments and revisions of these General Terms and Conditions shall only become part of the contract if they are communicated to the customer in writing or in text form and the customer does not expressly object to them expressly, at least in writing, within four weeks from receipt of the new General Terms and Conditions.
§ 2 Offer - Contract conclusion
1. All offers from the Seller are non-binding and free of charge. An effective contract is concluded between the customer and the seller only if the complete order has been effectively abandoned and the seller has accepted it by means of an express order confirmation or by delivery of the ordered goods to the customer. The automatic confirmation of the order receipt by e-mail does not constitute an acceptance statement.
2. As a rule, the order is confirmed by means of an e-mail which allows the customer to review the contract again. Prior to each final dispatch of the order, the customer is given the opportunity to check his information and, if necessary, to amend or alter it.
3. All offers are free. Information on prices, scope of delivery, appearance, performance, dimensions, weight do not constitute an assured property and should therefore be regarded as approximate.
4. In the case of delayed or unsuccessful self-deliveries and in case of force majeure, we are entitled to claim reimbursement for the customer.
§ 3 Prices, payment, delivery and shipping costs
1. Our prices are generally in EURO, the VAT is stated separately in the statutory amount on the invoice date in the invoice. We supply exclusively associations, associations, state institutions and commercial customers. We do not deliver to private persons or consumers as defined by § 13 BGB (German Civil Code), ie we do not deliver to natural persons who conclude a legal transaction for a purpose which can not be attributed to their commercial or independent professional activities. Delivery is ex factory or production facility in Germany. For imports, we deliver duty paid from the German border. Shipping is always at the expense and risk of the recipient / customer. 10% more or less delivery are customary and have to be accepted. We reckon with precision. Our prices on the Internet are always free. Intermediate sales are reserved.
2. The amount of additional shipping and shipping costs are shown in the respective shipping costs table.
3. Unless otherwise stated in the confirmation of order, the purchase price (without deduction) is due for payment within 10 days from the invoice date. The statutory regulations apply regarding the consequences of the delay in payment.
4. We reserve the right to make deliveries to customers independent of prepayments, unless otherwise agreed. If deliveries or partial deliveries are not paid on time, we reserve the right to return deliveries of current orders or new orders or to make advance payments dependent on them.
5. If a properly ordered and ready for delivery product is not accepted by the customer, we are entitled to demand a fulfillment of the contract or to withdraw from the order and to claim compensation for non-fulfillment. The customer is only allowed to prove a lower damage.
§ 4 Delivery - Transfer of risk
1. The goods are delivered by DHL, parcel service or freight forwarders. Delivery dates and delivery times are only binding if they are expressly provided by us in text form (letter, fax, e-mail, etc.) are confirmed.
2. In the event of a supplier's supply bottlenecks or the goods not being delivered elsewhere, the seller reserves the right to offer a product of equivalent quality and price. In this case, he must inform the customer immediately.
3. If it is reasonable for the customer, the seller can also deliver partial deliveries and create partial invoices. Any additional costs resulting from this shall be borne by the Seller. This does not apply if the Seller prior to the delivery date, at the explicit request of the customer, provides a partial delivery in advance.
4. The risk shall pass to the person performing the shipment upon delivery of the goods.
5. Transport and other packaging in accordance with the Packaging Ordinance shall not be accepted. Pallets are exempt. The customer is obliged to dispose of the packaging at his own expense.
6. A transport insurance can be requested by the customer. Costs incurred are borne by the customer.
7. The customer has to check the packaging damage and lack of freedom of the goods immediately after receipt of the goods and to report any defects accordingly.
§ 5 Reservation of title
1. The goods delivered remain the property of the seller until they are paid in full. The Seller may accept the goods in the case of breach of contract, in particular in the event of a delay in payment, which does not constitute a withdrawal from the contract, unless this is declared in writing by us. Costs shall be borne by the Purchaser.
§ 6 Warranty
1. For fast processing, a copy of the invoice or the delivery note and a fault description should be attached to the return of the goods.
2. If the defect is found to be faulty and / or is caused by a user's handling, handling or other fault, the customer is obliged to bear all costs resulting from the return.
3. The processing of unauthorized claims for warranties or warranties, as far as these are due to intent or gross negligence, shall be subject to a reimbursement of expenses incurred by us. The vendor reserves the right to charge the cost of cost of his suppliers in these cases.
4. The warranty does not cover defects and damages which are caused by the fact that the customer has not complied with the regulations on operation, installation, hardware and software environment, use and operating conditions, unless the customer demonstrates that the circumstances are not the cause for the defect.
§ 7 Defects - Liability
1. The seller is only liable for damage caused by injury to life, body and health, insofar as these are based on intentional or grossly negligent action by the seller or his vicarious agents.
2. All forms of force majeure are not to be represented by the seller.
3. Data communication over the Internet can not be guaranteed without errors and / or at any time according to the current state of the art. The seller is therefore not liable for the permanent and uninterrupted availability of the online trading system nor for technical and electronic errors during a sales event which is not influenced by the seller, in particular not for a possibly delayed processing or acceptance of offers.
4. Claims for defects by the purchaser shall be deemed to have been duly fulfilled by the purchaser according to § 377 HGB (German Commercial Code). Defective goods must be reported to the seller immediately, at the latest three working days after receipt of the goods. A warranty for goods that are stored or handled improperly is excluded.
5. The goods are delivered in normal commercial quality. After inspection of a sample the quality to be adhered to is decisive. Changes made by technical innovation or further development and due to reasonably reasonable modifications, are contractual.
6. In the case of defects, the customer is entitled to demand a subsequent delivery or supplementary performance by remedying defects.
7. If subsequent performance is not possible, the Customer may withdraw or demand a reduction. The return of the goods must be agreed with the seller.
8. The seller is liable according to the statutory provisions, if the purchaser asserts damages claims, which are based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless deliberate breach of contract is involved, the liability for damages shall be limited to the foreseeable, typically occurring damage.
9. In addition to the abovementioned orders, the following applies to printed products: In the event of errors resulting from unclear writing or due to faulty files sent, there is no right of complaint on the part of the customer. For printing, this print quality can not be compared with other printing processes and therefore no complaints are accepted with regard to print quality.
§ 8 Other
1. The seller and his sub-supplier are entitled to provide company logos or logos to delivered goods and to use the goods for commercial purposes, in particular for exhibition in our business premises and as illustrations in catalogs, brochures of all kinds and on the Internet.
2. We are authorized to store the necessary data in connection with the transaction processing and to pass it on to switched-on contract partners.
§ 9 Information on Online Dispute Resolution
1. In the first quarter of 2016, the EU Commission has provided an Internet platform for the online settlement of disputes (the so-called "OS platform"). The OS platform is intended as a point of departure for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. The OS platform is available under the following link: http://ec.europa.eu/consumers/odr. Please do not hesitate to contact us if you have any questions.
Our e-mail address is email@example.com
§ 10 Final provisions
1. The law of the Federal Republic of Germany shall apply. The validity of the UN purchase law is excluded. The competent court is the district court Dresden.