Section 1 Scope
The following conditions govern the contractual relationship between the seller, Goldline GmbH, Kampkoppel 6A, 24811 Owschlag, and the commercial buyer. Since the seller is a wholesaler, she sells only goods to merchants and commercial customers, not to consumers.
Section 2 Formation of the contract
Our information on availability and prices in the context of the ordering process is non-binding. With his order, the buyer makes a binding purchase offer. The contract is concluded with the order confirmation by fax or e-mail, but at the latest if, by sending the goods the contract is fulfilled. If neither an order confirmation nor the ordered goods is sent to the buyer within a period of 21 days from the order, the binding period for the buyer has expired and the purchase contract has not been concluded.
The Seller prepares order confirmations, offers and invoices with the greatest possible care. In case of an obvious error, as etw. The Seller reserves the right to calculate and claim the correct price. In this case, the buyer has an immediate right of withdrawal.
Delivery is made with a transport company of our choice, and in principle against advance payment or last name. The buyer bears all costs and the dangers of transport. Insofar as the Seller is obliged to bear the costs of a return transport, she shall only bear those costs which would have been incurred in the most cost-effective transport route.
Delivery will only take place after a net order value of 100,-€.
Information about the delivery period is non-binding.
4 Prices and Terms of Payment
The sales prices valid on the date of placing the order apply. Our prices are net prices plus the statutory value added tax.
The invoice amount is due immediately after receipt of the order confirmation without deductions.
The purchase price can only be paid by last name, advance payment or cash payment, unless otherwise contractually agreed.
A right to set-off or retention exists only if the claims are undisputed
or have been established in a legally binding way.
5 Extended retention of title
Should the delivery be contractually agreed against an open invoice, the extended retention of title shall apply. The goods remain the property of the seller for full payment. The buyer is entitled to resell the goods in the ordinary course of business and must assign all claims against his customers in the amount of the invoice value of the goods to the seller.
6 Transport Damage / Warranty
The buyer must inspect the goods immediately upon delivery for transport damage and defects and report defects of the goods to the seller immediately in writing. Otherwise, the goods shall be deemed to have been approved.
Transport damage must be noted on the bill of lading in the presence of the delivery person, otherwise the assertion of claims for damages cannot be accepted.
In the event of defects in the delivered goods, the buyer may first demand rectification or replacement delivery. Only in the event of failure of these two warranty claims can the buyer demand either reduction or withdrawal.
Commercially customary or technically unavoidable deviations in the nature (pattern, dimensions, colour, etc.) of the delivered goods are not grounds for complaint. Compensation for breach of an obligation aresult of the contractual relationship is to be paid under the statutory conditions, but only in the case of intent or gross negligence.
Section 7 Agreements
All agreements and changes are subject to written form.
Section 8 Final Provisions
The present general terms and conditions and the respective purchase contract are exclusively governed by German law to the exclusion of the UN Sales Right.
Kiel shall be agreed as a court beach for all disputes arising out of or in connection with this contract.
Should one or more clauses of these terms and conditions be ineffective in whole or in part, the validity of the remaining provisions shall remain unaffected.
Version of 13.09.2010