Terms and Conditions
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders that you place in the A&C UV-Lampen GmbH online shop.
(2) The range of goods in our online shop is aimed exclusively at buyers over the age of 18 years and who are to be regarded as businesspeople within the meaning of Section 14 (1) of the German Civil Code (BGB).
(3) Our deliveries, services and offers take place exclusively based on these general terms and conditions. The general terms and conditions also apply to companies, and thus also to all future business relationships, even if they are not expressly agreed upon more than once. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions, will automatically be objected to.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding offer for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the ‘Place order’ button, you are submitting a binding purchase offer (Section 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. The confirmation of receipt does not yet conclude a contract.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you – without a prior express declaration of acceptance.
§ 3 Prices
None of the prices shown include statutory value-added tax and shipping costs.
§ 4 Terms of payment; default
(1) Payment is made by invoice
(2) If you fall into arrears with a payment, you will be required to pay the statutory default interest rate i.e. nine percentage points above the base rate. Payment of a flat rate of 40 euros will also be required. The right to claim further damages remains reserved.
§ 5 Offsetting/right of retention
(1) You only have the right to offset if your counterclaim has been legally established or is not disputed by us.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have provided at your request.
(2) We reserve title to the goods until all bills outstanding for the current business relationship have been settled in full. Pledging or security transfers are not permitted prior to the transfer of ownership of the reserved goods.
§ 7 Warranty
Unless otherwise expressly agreed, your warranty claims will be based on the statutory provisions of the right to purchase set out in §§ 433 ff. BGB with the following modifications:
– Only our own information and the manufacturer’s product description are binding with regard to the quality of the goods, and not public promotions, statements and other advertising by the manufacturer.
– You are obligated to examine the goods with the necessary care to check for quality and quantity issues and to notify us of obvious defects immediately after receipt of the goods. This also applies to concealed defects that are noticed at a later time. In the event of a breach of the duty to inspect and notify, the assertion of warranty claims shall be precluded.
– In the event of defects, we will either repair or replace the product (supplementary performance) under the warranty at our own discretion. In the case of rectification of defects, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, if the shipment is not consistent with the intended use of the goods.
– If two attempts at supplementary performance are unsuccessful, you can either request a reduction in price or withdraw from the contract.
– The warranty period is one year from the date of delivery. This restriction does not apply to claims due to damages to life, limb or health, or from the breach of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on (cardinal obligation), nor to claims due to other damages based on an intentional or grossly negligent breach of duty by the user or its vicarious agents.
§ 8 Liability
(1) Unlimited liability: We have unlimited liability for intentional and gross negligence, which is in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of individuals.
(2) In addition, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and compliance with which you can regularly rely on (material contractual obligations). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time of the conclusion of the contract and the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 9 Final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law is 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 Law’).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of business of the seller is the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.
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