General Terms and Conditions
§ 1 SCOPE OF OUR GENERAL TERMS AND CONDITIONS / USE OF OUR GOODS:
1.1 All supplies and services rendered by Deffner & Johann GmbH are exclusively based on the following General Terms and Conditions (GT&C). Regulations of our customers deviating from or opposed to our GT&C shall only apply if they are confirmed by us in writing. Our conditions of sale shall also apply if knowing opposed or deviating conditions of the customer, we nevertheless effect the supply to the latter without reservations. This shall also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
1.2 All agreements made between us and our customers regarding the performance of this contract shall be recorded in writing.
1.3 Our conditions of sale shall only apply vis-à-vis entrepreneurs acc. to § 310 section 1 BGB (German Civil Code).
1.4 Our goods are intended for use in restoration and monument preservation as well as related applications. Please note that this is the basis for the question of whether a material defect exists. We also fulfil all legal obligations, e.g. declaration obligations, only for this intended use.
§ 2 OFFER - OFFER DOCUMENTS:
2.1 Our offers on the Internet, in print media (particularly catalogue) or in individual letters are without engagement and non-binding. We consider your order as offer for the conclusion of a (purchase) contract. We may accept your offer by sending you our order confirmation or by dispatching the goods, both within a period of 14 calendar days from receipt of your offer.
2.2 Our offers shall in any case be non-binding and subject to due delivery by our suppliers. Apart from that, verbal information and promises as well as advertisement statements of any type, particularly goods descriptions, graphical presentations, patterns, quality specifications, performance specifications, information on the use and usability as well as dimensions and weight of all our products are non-binding unless they are explicitly referred to as being binding. The features specified above shall particularly not be regarded as guarantee of quality and durability of any type.
2.3 Minor deviations of the product specifications regarding form, dimensions, color and weight are reserved as far as they are reasonable and shall be regarded as having been approved of unless they are unreasonable for you as our contractual partner. Furthermore, deviations from different batches may be possible in the case of natural materials as well custom-made products, e.g. color mixes.
2.4 We reserve ownership and copyrights in figures, drawings, texts, calculations and other documents. Before forwarding them to third parties, you shall obtain our explicit written consent.
§ 3 DELIVERY:
3.1 The delivery periods contained in our order confirmations are always approximate. If we fall behind, we shall only be liable for the damage you incurred due to the default if we are responsible for the damage and if we can be accused of gross negligence or intent. Our liability for damages shall be limited to the foreseeable damage typical for the contract, even if we are liable in accordance with the statutory provisions.
3.2 You may request damages instead of performance if you have asked us to perform in advance, setting a reasonable period. Under the same conditions, you shall moreover be entitled to rescission.
3.3 If defaults in delivery occur due to force majeure, particularly due to sovereign interventions, natural catastrophes, war, riot, strike in supplier companies or in the transport industry or other circumstances for which we are not responsible, we shall be entitled to make up for the delivery if the obstacle has ceased to exist. In this case you shall, however, be entitled to rescind the contract in case of a delivery default of more than three months and in such case we shall also be entitled to rescind the contract.
3.4 More far-reaching claims shall be excluded, as far as legally admissible.
3.5 We shall be entitled to make partial deliveries.
3.6 When the goods leave the distributing warehouse, the risk of damage, loss, theft or even destruction of the goods ordered from us shall pass to you. When the goods are handed over by the delivery agent, it must be checked whether the goods are intact and free from defects and whether the transport packaging is damaged. Taking receipt of damaged goods may result in a loss of any claims based on defects whatsoever. If damaged goods are accepted, this must be confirmed by the delivery agent.
§ 4 PRICES AND TERMS OF PAYMENT:
4.1 The prices in force on the day of the order according to our webshop or offers valid at the time are authoritative. All prices quoted are net prices in EUR. For shipments within the EU statutory value added tax will be added at the prevailing rate of the country of destination. A VAT exemption for deliveries to EU countries requires that you have provided us with a valid VAT ID number at the time of the order. Prices are also exclusive of packaging and shipping costs, which will be invoiced separately.
4.2 We reserve the right to require payment in advance for deliveries to new customers, or deliveries abroad, or in individual cases. Your order will be processed after receipt of payment. Please note that the estimated delivery time of the ordered items is effective upon receipt of your payment.
4.3 Statutory rules on the consequences of default in payment shall apply in addition.
4.4 You shall only be entitled to rights of set-off or retention insofar as your counterclaims have been legally determined, are not disputed, or we have accepted them. You are only authorised to exercise a right of retention to the extent that your counterclaims are based on the same contractual relationship.
§ 5 IN CASE OF DEFECTS:
5.1 With different brands or even with different articles of one brand, usual deviations in color and size are possible as the information is not subject to any standard. These deviations do therefore usually not give rise to any warranty claims. Please also note the intended use in accordance with section 1.5.
5.2 If the goods delivered by us are faulty or don't have the quality guaranteed by us, we shall be obliged to subsequently improve the faulty object (i.e. to perform a proper repair) or to perform a subsequent delivery, at your option. We shall, however, be entitled to refer to our right to subsequent improvement if the subsequent delivery is related to unreasonable costs for our company. Alternatively, we shall also be entitled to refer to our right to subsequent delivery if the subsequent improvement is related to unreasonable costs for our company. If subsequent improvements fail or if you don't receive a subsequent delivery in due time, you shall be entitled to request reduction in the purchase price (reduction) or to rescind the contract.
5.3 Defects must be notified in writing immediately after they are discovered. We explicitly refer to § 3 para. 6 of these General Terms and Conditions and § 377 HGB [German Commercial Code].
5.4 You may request damages instead of performance if we have violated your rights in a grossly negligent or intentional form, if we have willfully deceived you or negligently injured your life, body or health.
5.5 For new goods acquired from us, we grant a warranty of one year. Before performance of the warranty, the complained object must be made available to use for examination of the defect, at our option in your company or by sending it to us.
5.6 With regard to the technical equipment delivered by us, we shall not be liable for the removal of defects that have been caused by external influence or incorrect operation. The warranty claims shall moreover forfeit if you don't comply with operating or maintenance instructions of the products or if unauthorized third parties have interfered with the objects delivered by us or made any changes thereon or if consumables are used that do not comply with the specifications of the individual products delivered by us.
§ 6 RETENTION OF TITLE:
6.1 Ownership of the delivered items shall only pass to you upon receipt of all payments from the current business relationship.
6.2 You are not entitled to pledge the items already in your possession before the transfer of ownership, to assign them to third parties as security, to process or remodel them. However, we may expressly authorise this in individual cases if you assign all resulting claims against third parties in full in advance as security for our claims against you and we accept this assignment.
6.3 If items subject to retention of title are processed, inseparably combined or mixed, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other items at the time of combination or mixing.
6.4 Access by third parties to the goods delivered by us or the claim assigned to us must be reported immediately in writing and third parties must also be informed that the goods delivered by us are still our property in the aforementioned cases.
6.5 As long as we are still the owner and the goods are already in your possession, you are obliged to adequately insure the items at your own expense against destruction or damage, in particular by fire, water, burglary and theft. Any insurance claims in this respect are also hereby assigned to us.
6.6 If you are in arrears with one or more payments in whole or in part, if you suspend your payments or if court insolvency proceedings are pending against you, you may no longer dispose of the goods delivered by us. In this case, we are entitled to withdraw from the contract, to take back the goods in your possession or to revoke the authorisation to resell them. We are then also entitled to demand information about the recipients of the goods still belonging to us, to disclose the assignment of the claim and to collect the claim ourselves.
§ 7 EXPORT REGULATION:
The products delivered by us are partially subject to export restrictions. You shall therefore be obliged to provide us with any and all information that is necessary for us to satisfy our obligations under the foreign trade legislation without being asked to do so.
§ 8 FINAL PROVISIONS:
8.1 When placing an order, you express your consent to us saving, processing and using the data contained in the order form within the scope of the customer relationship.
8.2 As long as there are still accounts receivable from you, you shall be obliged to inform us about any change in your place of residence or registered office without being asked to do so.
8.3 German law shall apply. Application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
8.4 Place of performance and exclusive place of jurisdiction is Schweinfurt. Schweinfurt shall also be the competent place of jurisdiction if at the time an action is brought, your place of residence or abode is not known or you don't have any place of residence within the country.
8.5 If individual provisions of these General Terms and Conditions or the contract concluded with you are invalid in whole or in part, the validity of the residual contract shall remain unaffected.
DISCLAIMER
LIABILITY FOR CONTENTS
The contents on our website were prepared with utmost care. However, we cannot guarantee that the contents are correct, complete and up-to-date.
We, as service provider, are responsible for own contents on these web pages acc. to general legislation. However, we, as service provider, are not obliged to monitor transferred or retained third-party information or to search for circumstances indicating an illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected hereof. However, any liability in this respect can be assumed only as from the date of knowledge of a specific infringement. Once we become aware of corresponding infringements, we will remove these contents immediately.
LIABILITY FOR LINKS
Our website contains links to external third-party websites, on the contents of which we do not have any influence. We therefore cannot accept any liability for such third-party content. The provider or operator of linked websites is responsible for their content. The linked websites were reviewed for potential legal violations at the time of linking. No unlawful content was identifiable at the time of linking. However, we cannot reasonably be expected to permanently monitor the content of linked websites without concrete indications of an infringement. If we become aware of infringements, we will remove such links immediately.
COPYRIGHTS
The contents and works created on these web pages by the website operators are subject to German copyright law. Third-party contributions are marked as such. Any reproduction, processing, dissemination and any type of exploitation beyond the restrictions of copyright law require the written consent of the respective author and/or creator. Downloads and copies of this website are permitted only for private, non-commercial use.
The website operator makes all reasonable efforts to always comply with third-party copyrights and/or to use their own contents subject to no licences.
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Dispatch Information for Orders in the Online Shop - Version dated April 2024
MINIUM ORDER VALUE
PLEASE NOTE THAT THE MINIMUM ORDER VALUE IS 25 €.
Because of the extra workload, we need to charge new customers with orders under 25 € a processing fee of 10,00 € plus the value of goods.
Shipments abroad under orders of € 25 can not be edited. Please consider this when shopping.
More information about shipping costs.
(Stand: 10.2024_SJ)