General business and delivery conditions of the company
BAUMGARTNER TECHNISCHE KERAMIK, Andreas Florian Baumgartner
The company BAUMGARTNER TECHNISCHE KERAMIK, Schmiederain 8, D- 79618 Rheinfelden / Baden, carries out your orders on the basis of the following general terms and conditions. The conditions available in our service at the time of your order apply. You can download the text to your computer or print it out. We do not recognize regulations deviating from these terms and conditions unless they are confirmed by us in writing.
(1) Conclusion of a contract
Our information on goods and prices in the context of the ordering process are non-binding. The purchase contract for the article (s) selected by you is concluded when we accept your order by notifying you of the delivery or delivery of the goods.
(2) Prices / terms of payment
2.1 The list prices at the time the order is placed or the order confirmation applies to delivery or prices according to agreement.
2.2 Shipping costs, flat rate packaging and surcharges for small quantities are staggered as follows:
|Minimum quantity surcharge
|Shipping costs DHL
|Terms of payment
|< 100.- €
|100.- to 300.- €
|14 days 2% discount
|> 300.- €
|14 days 2% discount
2.3 Our invoices are due immediately and payable net without deduction, unless otherwise agreed in writing. A payment is only considered to have been made when BAUMGARTNER TECHNISCHE KERAMIK can dispose of the amount. In the event of default in payment, we are entitled to charge default interest at a rate of 5% above the respective base interest rate (Section 1 of the Discount Rate Transition Act). Bills of exchange or checks are only accepted by agreement and on account of performance and are only considered payment after they have been redeemed and final credit. Discount and collection charges are borne by the customer. For the timely submission, we assume no liability.
2.4 If the buyer does not accept the goods sold, we are entitled to either insist on acceptance or to demand 10% of the purchase price as a flat-rate compensation for damages and expenses. In the event of exceptionally high damage, we reserve the right to assert this. For the duration of the buyer's default in acceptance, BAUMGARTNER TECHNISCHE KERAMIK is entitled to store the delivery items at the buyer's risk, with a forwarding agent or a warehouse keeper. For the duration of the delay in acceptance, the buyer has to pay BAUMGARTNER TECHNISCHE KERAMIK a flat rate of € 25.56 per month for the storage costs incurred without further evidence. The lump sum compensation is reduced to the extent that the customer proves that no expenses or damage have occurred. In the event of unusually high storage costs, we reserve the right to assert them.
2.5 The buyer is only entitled to rights of retention if his counterclaim is based on the same contractual relationship. Offsetting by the buyer is excluded, unless the counterclaims of the customer have been legally established or recognized by us.
(3) Delivery time
3.1 The agreed delivery period begins on the date of the order confirmation.
3.2 The delivery period may be extended by the time until the customer has provided us with the information and documents necessary for the execution of the order.
3.3 We are not responsible for delays in delivery caused by statutory or official orders (e.g. import and export restrictions). In important cases, we will inform the customer as soon as possible of the beginning and end of such obstacles.
3.4 If we default on delivery, our liability for damages in the case of slight negligence is limited to an amount of 50% of the foreseeable damage. Further claims for damages only exist if the delay is based on intent or gross negligence.
(4) Delivery, dispatch, transfer of risk
4.1 We reserve the right to make partial deliveries.
4.2 We can determine the type of dispatch, the dispatch route and the company commissioned with the dispatch at our discretion, unless the customer gives express instructions.
4.3 The risk passes to the purchaser as soon as the shipment with the delivery items is handed over to the purchaser by the carrier (INCO Terms 2010 FCA+).This applies regardless of who bears the transport costs. The buyer must notify the freight forwarder or carrier immediately of both obvious and any transport damage that has been discovered and then notify the seller of this in order to be able to assert claims against the seller.
(5) Right of withdrawal
5.1 The consumer has a right of withdrawal. In accordance with the Distance Selling Act, within two weeks of receiving the goods, he has the option of canceling the contract and sending the goods back to:
BAUMGARTNER TECHNICAL CERAMICS
Andreas Florian Baumgartner
D- 79618 Rheinfelden / Baden.
Please note briefly the reason for the return on the back of the delivery note. Send the package with sufficient postage and in the original packaging.
5.2 The shipping costs for the return will be reimbursed if you have revoked the purchase contract in writing within 14 days of receipt of the goods and have sent the goods back to us and the value of the return is over € 40. The decisive factor is the return value of the goods at the time of purchase, not the value of the entire order. Timely dispatch of the parcel is sufficient to meet the deadline. Should items show clear signs of use, we reserve the right to charge a reasonable amount for the use of the item.
Please understand that in all other cases you will have to bear the shipping costs. In particular, if the value of the returned goods is less than € 40 or the goods are only sent back to us after 14 days.
For a return value of less than 40 €, please choose the most cost-effective shipping method (usually "small parcel"). If the value of the goods exceeds 40 €, we ask you to use the "parcel" shipping method and to keep the posting slip.
5.3 In principle, there is no right of withdrawal for: shrink-wrapped or sealed goods that have been unsealed by the consumer. A right of withdrawal is also excluded for goods that were manufactured according to customer specifications.
(6) Goodwill return
6.1 After the two-week cancellation period has expired, goods can only be returned if it is proven that the delivery was incorrect. In the case of exchange, return or credit requests for which BAUMGARTNER TECHNISCHE KERAMIK is not responsible, processing will only take place after written confirmation by the seller. The basic requirement for this is the flawless quality of the goods and their resalable condition. The expected reimbursement amount results from the resale price to be achieved at the time of receipt minus a cancellation / processing fee of 10% of the invoice amount.
(7) Retention of title
7.1 BAUMGARTNER TECHNISCHE KERAMIK reserves ownership of the purchased item until all claims from the delivery contract, including ancillary claims (e.g. exchange costs, check chargeback costs, financing costs, interest, etc.) have been paid in full.
If the customer acts in breach of contract, we are entitled to reclaim the purchased item. Taking back or attaching the reserved item does not constitute a withdrawal from the contract.
7.2 In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing.
7.3 If the purchased item is mixed, processed or installed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed item at the time of mixing. If the purchaser's item is to be regarded as the main item, the purchaser must transfer proportional co-ownership to us.
7.4 The customer is entitled to resell the goods in the ordinary course of business. However, he already now assigns to us all claims against his customer or third parties from the resale up to the amount of the invoice.
(8) Warranty and liability
8.1 We guarantee for a period of 2 years from the date of delivery to private individuals / end users and for 1 year from the date of delivery to resellers that the delivery items are free from defects in accordance with the current state of the art. Liability for normal wear and tear is excluded.
If you prove that there are defects in the delivered goods, we will either provide a replacement delivery or remedy the defects within a reasonable period of time. If we do not succeed, you have the right to cancel the purchase or to reduce the purchase price.
8.2 We do not accept any liability for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent handling.
8.3 The guarantee expires if the customer interferes with the goods without express written confirmation from BAUMGARTNER TECHNISCHE KERAMIK or by persons who have not been authorized by us.
8.4 Obvious defects must be reported in writing immediately after receipt of the delivery. Sections 377 and 387 of the German Commercial Code (HGB) also apply in commercial transactions.
8.5 Unless otherwise expressly agreed, further claims by the buyer - regardless of the legal reason - are excluded. We are therefore not liable for damage that did not occur directly in the delivery item; in particular, we are not liable for lost profit or other financial losses suffered by the buyer. The above exemption from liability does not apply if the damage is based on intent, gross negligence or lack of a warranted quality, breach of essential contractual obligations, delay in performance, impossibility, as well as claims according to §§ 1, 4 of the Product Liability Act.
(9) Offsetting, right of retention
You are only entitled to offset if your counterclaims have been legally established or we have recognized them in writing. You are only entitled to withhold payment if the claims are based on the same contractual relationship.
(10) Applicable law, place of jurisdiction
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are made from abroad or are delivered abroad. If you have your place of residence or habitual abode abroad, Lörrach is the place of jurisdiction for all claims in connection with your order. We are also entitled to sue at your general place of jurisdiction.
Status: January 2021