General Terms and Conditions Online Shop MARWITZ BERLIN

  1. Area of application and supplier

(1) These General Terms and Conditions apply to all orders placed by customers with the online store of Hans-Joachim Marwitz, Amtsgericht Berlin-Charlottenburg HRA 16119.

(2) The range of goods offered in our online store is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer which contradict our General Terms and Conditions is hereby already objected to.

  1. Conclusion of contract and prices

(1) By completing the customer’s order in our online store, the customer submits a binding offer to purchase. A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we dispatch the goods to the customer without prior express declaration of acceptance.

(2) The prices stated in our online store are net prices. The applicable statutory value-added tax shall be added to these prices.

(3) All prices include shipping costs.

  1. Terms of payment; delay

(1) The payment in our online store is made exclusively on account.

(2) All payments are to be made within 30 days after invoicing, unless individual agreements apply.

(3) In the case of payment by direct debit, the customer may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank account information provided by the customer.

(4) If the Customer defaults on a payment, it shall be obliged to pay the statutory default interest in the amount of 9 percentage points above the base interest rate. We reserve the right to claim further damages.

(5) If the customer does not meet his payment obligations on time or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims immediately due and payable or to demand the provision of security.

  1. Set-off/right of retention

(1) The customer shall only have a right of set-off if its counterclaim has been legally established or is not disputed by us.

(2) The customer may only assert a right of retention if its counterclaim is based on the same contractual relationship.

(3) We may assert a right of retention with respect to all future orders of the customer, including recognized orders, if the customer fails to meet its payment obligations.

  1. Delivery, Transport Risk, Delivery Dates

(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the address specified by you.

(2) The risk shall pass to the customer when the goods are handed over to the post office, the forwarding agent or any other third party appointed to carry out the shipment. The handover begins simultaneously with the delivery process. Any delay in acceptance on the part of the customer shall result in the transfer of risk.

(3) We shall be released from our performance insofar as we ourselves were not supplied on time by our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately of the lack of delivery and the consideration shall be refunded without delay.

(4) If payment in advance has been agreed, the stated delivery dates are subject to timely payment. In the event of late payment, the delivery date shall be postponed accordingly.

(5) We shall be entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. The shipping costs shall be borne by us. The risk shall pass to the customer upon handover of the respective partial delivery. If we are in default with outstanding partial deliveries or if it is not possible for us to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to claim damages for non-performance of the entire obligation, provided that the customer has no interest in the partial delivery.

  1. Retention of title

(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.

(2) The customer may resell the goods in the ordinary course of business. For this case the customer already now assigns

(3) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(4) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

  1. Warranty

(1) Unless expressly agreed otherwise, the customer’s warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§§ 433 et seq. BGB) with the modifications specified in the following paragraphs.

(2) Only our own specifications are binding for the quality of the goods. Samples, material properties and structure of the products may deviate from the information in the online store.

(3) The customer is obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately upon receipt of the goods. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.

(4) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

(5) If the subsequent performance fails twice, the customer may, at its option, demand a reduction in price or withdraw from the contract.

(6) The warranty period shall be governed by the currently applicable statutory provisions.

  1. Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act.

(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.

  1. Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

(3) The place of jurisdiction for all disputes arising from or in connection with contracts between us and our customers is Berlin.