Created by a translation software. For original version please change the language selection into German.
The following general terms and conditions apply to all contracts between us and the respective customer.
1. Scope
(1) These terms and conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 BGB. We do not recognize any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions.
(2) These terms and conditions also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature.
2. Offer and conclusion of contract
The presentation of our products on our website and catalog merely involves an invitation to the customer to submit a contract offer. By ordering the desired goods, the customer makes a binding offer. The customer will receive a message from us within two working days (e.g. by email) declaring acceptance or rejection of the offer. The contract is concluded upon acceptance.
3. Prices, payment, default
(1) Our prices are exclusive of the statutory sales tax at the applicable rate.
(2) Payment of the purchase price must be made exclusively to our account. If a partial payment has been agreed, the entire claim will become due even if the purchaser is more than seven days in arrears with an agreed partial payment.
(3) Invoices must be paid immediately upon receipt. The purchaser will be in default of payment no later than 30 days after the due date. If payment is made within ten days, a two percent discount is permitted.
(4) If the customer defaults on payment, reminder fees of EUR 5.00 per reminder will be due; The purchaser is free to prove that no or lesser damage occurred. Interest on late payments will be charged at a rate of eight percentage points above the respective base interest rate. The assertion of a higher damage caused by default remains reserved.
(5) We are entitled to deliver only against advance payment or security. In the event that the purchaser does not make the advance payment or security deposit within a reasonable grace period, we are entitled to withdraw from the contract.
(6) If the customer defaults on settling an invoice in accordance with paragraph 3 in the last twelve months before the new order, we are entitled to charge a financing fee of €25.00 for a net goods value of up to €1000.00 and of €50.00 from a net goods value of €1,000.00. The financing fee does not apply if the customer pays within 30 days of the due date.
4. Price adjustment, cancellation
(1) If delivery dates cannot be met for reasons for which the purchaser is responsible, the purchaser must bear the additional costs that arise due to price changes for materials and wages. We are also entitled to charge additional costs for storage, financing, etc.
(2) If the price has increased at a time when the service was provided, which is at least four months after the conclusion of the contract, due to a change in the market price or due to an increase in the fees charged by third parties involved in the provision of the service, the higher price applies. If this is 15% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be exercised immediately after notification of the increased price.
(3) If the order is canceled without the customer having a legal right to terminate the contract, we are entitled to appropriate compensation. This amounts to 15% of the purchase price, but at least 15.00 EURO, plus packaging and shipping costs. The purchaser is free to prove that no or lesser damage occurred.
5. Offsetting and retention rights
The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The purchaser is only authorized to exercise a right of retention to the extent that a counterclaim is based on the same contractual relationship.
6. Delivery, availability of goods, transfer of risk
(1) If no copies of the product selected by the customer are available, we will inform you immediately. If the product is permanently unavailable, we are entitled to withdraw from the contract.
(2) Delivery ex works is generally agreed. The place of fulfillment and payment is our place of business.
(3) Delivery will be made at the customer's request at the shipping costs that can be viewed at http://www.hotelbedarf24.de/content.aspx?ct=kosten.
(4) Fixed dates only apply if they have been separately confirmed as “fixed” by us in writing.
(5) If we have specified delivery deadlines and made them the basis for placing the order, such deadlines will be extended in the event of a strike or force majeure, for the duration of the delay. The same applies if the customer has not fulfilled any obligations to cooperate.
7. Retention of title
We reserve ownership of the goods until all claims against the customer have been fulfilled, even if the specific goods have already been paid for. The purchaser must inform us immediately about third-party enforcement measures against the reserved goods, stating the documents necessary for an intervention; This also applies to impairments of any other kind. Regardless of this, the purchaser must inform third parties in advance of the existing rights to the goods. The customer will bear the costs of any intervention by the user if the third party is unable to reimburse them. In the event that the reserved goods are resold, the purchaser hereby assigns to us as security the claims against his customer arising from the above-mentioned transactions in order to fulfill all of our claims. By processing the reserved goods, transforming them or combining them with another item, we immediately acquire ownership of the item produced. It is considered reserved goods. If the value of the security of our claims against the customer exceeds by more than 20%, we must, at the customer's request and at our discretion, release the appropriate amount of security to which we are entitled.
8. Liability for defects
(1) The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
(2) If there is a defect, we reserve the right to choose the type of supplementary performance.
(3) Claims for defects expire twelve months after delivery of the goods to our customer. The period begins with the transfer of risk. This does not apply to claims for damages due to defects; Section 9 applies to claims for damages due to a defect.
(4) The purchaser does not receive any guarantees from us in the legal sense, unless otherwise stated.
9. Liability for property damage
(1) Claims by the customer for damages are excluded. Excluded from this are the purchaser's claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we are only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages by the customer due to injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of our legal representatives and vicarious agents.
(4) The provisions of the Product Liability Act remain unaffected.
10. Miscellaneous, place of jurisdiction
(1) German law is agreed, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Place of performance and exclusive place of jurisdiction for all disputes is 95173 Schönwald.
(3) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions remain unaffected. The parties undertake to replace the invalid regulation with a legally permissible regulation that comes closest to the economic purpose of the ineffective regulation or fills this gap.
(4) The company does not take part in dispute resolution proceedings before a consumer arbitration board.
(as of January 25, 2022)