General terms and conditions for the purchase of consumer goods
The following conditions of sale apply to the contract concluded between the buyer and us for the delivery of goods. Deviating conditions of the buyer, which we do not expressly recognize, are not binding for us, even if we do not expressly contradict them. The following conditions of sale also apply if we unconditionally execute the buyer’s order with knowledge of conflicting or deviating conditions of the buyer.
II. Offer and conclusion of contract
1. An order from the buyer that qualifies as an offer to conclude a purchase contract can be accepted by the seller within two weeks by sending an order confirmation or by sending the ordered products within the same period.
2. Our offers are subject to change and non-binding, unless the seller has expressly designated them as binding.
III. Payment terms
1. Unless otherwise agreed, the purchase price is due for payment immediately without any deduction. The deduction of a discount requires a special written agreement.
2. Deliveries to private customers are generally only pro-forma (this also applies to orders in our online shop). Cash payments and credit card payments are not possible for organizational reasons.
3. Unless other payment terms have been agreed, payment is due 10 days after invoicing.
4. In the event of late payment, interest will be charged at the usual bank rate, but at least at the statutory rate in accordance with § 288 BGB. The assertion of further damage is not excluded. If there is no response from the customer after this, the claim will be handed over to Creditreform Braunschweig for collection after prior notice. In addition, the debtor bears all costs that are necessary for the measures required to collect the claim.
5. Representatives of the seller are not authorized to accept payments without a written collection authorization.
6. Check payments and bills of exchange are not accepted.
7. The buyer is only entitled to offset, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, recognized by the seller or are undisputed. The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
IV. Delivery time
1. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.
2. If the seller culpably fails to meet an expressly agreed deadline for delivery or is late for other reasons, the buyer must grant him a reasonable grace period. If this grace period expires without result, the buyer is entitled to withdraw from the contract.
3. The seller is liable in accordance with the statutory provisions, subject to the following limitations, if the contract is a firm deal or the buyer is entitled to claim that his interest in the fulfillment of the contract no longer applies as a result of the delay in delivery for which the seller is responsible .
4. The seller is liable to the buyer in the event of a delay in delivery according to the statutory provisions if this is based on an intentional or grossly negligent breach of duty for which the seller is responsible, whereby the fault of his representatives or vicarious agents is attributable to the seller. If the delay in delivery is not based on an intentional or grossly negligent breach of contract for which the seller is responsible, the seller’s liability is limited to the foreseeable, typically occurring damage.
5. In the event that a delay in delivery for which the seller is responsible is based on the culpable breach of an essential contractual obligation, whereby the fault of our representatives or vicarious agents is attributable to him, he is liable according to the statutory provisions with the stipulation that in this case the liability for damages the foreseeable, typically occurring damage is limited.
6. Any further liability for a delay in delivery for which the seller is responsible is excluded. The other statutory claims and rights of the buyer to which he is entitled in addition to the claim for damages due to a delay in delivery for which the seller is responsible remain unaffected.
7. The seller is entitled to make partial deliveries at any time, provided this is reasonable for the customer.
8. If the buyer defaults on acceptance, the seller is entitled to demand compensation for the damage incurred and any additional expenses. The same applies if the buyer culpably violates his duty to cooperate.
1. Unless otherwise agreed, Johann Tripmacker GmbH determines the manner in which the goods are dispatched and the delivery takes place ex works. Additional costs that arise due to a shipping method requested by the buyer, are borne by the buyer.
2. If the dispatch is delayed at the request of or through the fault of the buyer, the goods will be stored at the buyer’s expense and risk. In this case, the notification of readiness for dispatch is equivalent to dispatch.
VI. Warranty / liability
1. If there is a defect in the goods for which the seller is responsible, the seller is obliged to withdraw from the contract or reduce the purchase price to the exclusion of the buyer’s rights, unless the seller is obliged to refuse due to legal regulations Subsequent performance is entitled. The buyer has to grant the seller a reasonable obligation to provide supplementary performance.
2. If the supplementary performance has failed, the buyer can, at his discretion, request a reduction in the purchase price (reduction) or withdraw from the contract. The rework is deemed to have failed after the second unsuccessful attempt, unless further attempts at rework are appropriate and reasonable for the buyer on the basis of the subject of the contract.
The buyer can only assert claims for damages under the following conditions due
to the defect if the subsequent performance has failed. The right of the buyer
to assert further claims for damages under the following conditions remains
4. The seller is fully liable according to the statutory provisions for damage to life, body and health based on a negligent or willful breach of duty by the seller, his representatives or vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages that are not covered by sentence 1 and that are based on willful or grossly negligent breaches of contract or malice on the part of the seller, his representatives or vicarious agents, the seller is liable in accordance with the statutory provisions. In this case, liability is limited to the foreseeable, typically occurring damage, unless the seller, his legal representatives or vicarious agents acted willfully.
5. The seller is also liable for damage caused by simple negligence, insofar as the negligence relates to the breach of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, the seller is only liable if the damage is typically associated with the contract and foreseeable.
6. Any further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for reimbursement of wasted expenses instead of performance. The seller’s liability is excluded, in particular, for damage resulting from the use of his products contrary to his technical advice. As far as liability is excluded or limited, this also applies to the personal liability of employees, workers, representatives and vicarious agents of the seller.
VII. Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, email) or by returning the item. The period begins upon receipt of this information in text form. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
The revocation must be sent to:
Johann Tripmacker GmbH
Fax: +49 (0) 531 23803 30
Consequences of cancellation
If you cancel this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery we offer have chosen), to repay immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation.
VIII. Retention of title
1. The seller retains ownership of the goods until all payments from the sales contract have been received.
2. The buyer has to inform the seller immediately in writing of all access by third parties, in particular of enforcement measures as well as other impairments of his property. The buyer has to reimburse the seller for all damages and costs that arise from a violation of this obligation and from necessary intervention measures against access by third parties.
3. In the event that the buyer acts contrary to the contract (in particular default of payment), the seller has the right, after setting a reasonable period of time, to withdraw from the contract and to demand the surrender of the goods still in his property. The withdrawal of the goods by the seller constitutes a withdrawal from the contract. The buyer bears the costs incurred. The seizure of the goods by the seller always implies a withdrawal from the contract. After receiving the goods back, the seller is authorized to dispose of them. The sales proceeds are to be offset against the buyer’s liabilities less reasonable sales costs.
IX. Place of performance, place of jurisdiction, applicable law
The place of performance and place of jurisdiction for deliveries and payments (including actions for checks and bills of exchange) as well as all disputes arising between us and the buyer from the purchase contracts concluded between us and him is our company headquarters.
X. Applicable Law
The relationships between the contractual partners are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the uniform law on the international purchase of movable property and the law on the conclusion of international sales contracts for movable property is excluded.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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