Conditions
§ 1 General - Scope
The terms and conditions apply to all current and future business relationships.
Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without a predominantly commercial or independent professional activity being attributable to them. who act in the exercise of a commercial or self-employed professional activity. Customers within the meaning of the terms and conditions are both consumers and entrepreneurs.
Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract unless their validity is expressly agreed to.
§ 2 Conclusion of contract
Our offers and prices are non-binding. Technical changes as well as changes in shape, color and/or weight are reserved within reasonable limits. Unless expressly agreed otherwise, the price lists valid on the day the contract is concluded shall apply, which then become part of the contract. The prices quoted are free delivery and include statutory sales tax. The individually agreed supplier conditions and price lists apply to our trading and sales partners.
By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product. We are entitled to accept the contract offer contained in the order within four weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
The conclusion of the contract is subject to the correct and timely delivery to us for production necessary resources by our raw material suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding a transaction with our raw material suppliers that is required for a customer-specific special design or for the production of an outstandingly large number of standard items.
§ 3 Delivery time / foreign delivery
An agreed delivery period begins on the date of the order confirmation. The agreed performance time is met if we have handed over the goods to the person carrying out the transport within the delivery period or - in the case of the customer picking them up himself - have notified the customer that the goods are ready for dispatch.
Delays in delivery and performance due to force majeure and due to events that make it significantly more difficult or impossible for us to perform the service owed - these include in particular strikes, lockouts, official orders, etc., even if they occur at our suppliers or sub-suppliers - we are not allowed represented, even if deadlines and dates have been agreed as binding.
For deliveries and services from Germany to countries outside the EU, the customer must provide the export proof required for tax purposes. If proof is not provided, the customer must immediately pay the sales tax on the invoice amount for deliveries within Germany.
In the case of deliveries and services from one member state to another member state of the EU, the customer must provide his sales tax identification number, under which the customer carries out the purchase tax within the EU, before the transaction is carried out. Otherwise, the customer has to pay the legally owed sales tax on our deliveries and services in addition to the purchase price owed.
§ 4 Retention of title
In the case of contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full. If the value of all security rights to which we are entitled exceeds the amount of all secured claims by more than 20%, we will release a corresponding part of the security rights at the request of the entrepreneur.
The customer is obliged to notify us immediately of third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of a change in ownership of the goods or a change of residence.
We are entitled to withdraw from the contract and demand the return of the goods if the customer behaves in breach of contract, in particular if he is in arrears with payment or if he violates an obligation according to Sections 2 and 3 of this provision.
§ 5 Right of revocation and right of return
In the case of an amicable exchange, we calculate our costs for control and administrative work according to expenditure, which is communicated to the customer separately. This does not apply to exchanges due to recognized defects or as part of a revocation.
Entrepreneurs may only return defective goods or goods for exchange in the original packaging with our approval at their own expense and stating the customer and invoice number.
Instruction on the right of cancellation for consumers in distance contracts and transactions that were concluded outside of business premises
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us
Global Mats GmbH
Bramkampweg 22
22949 Ammersberg
Phone: +49 4102 217 51 21
Fax: +49 4102 47 38 01
Email: info@global-mats.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and repay it no later than fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, 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 inform us of the cancellation of the contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
§ 6 Terms of Payment
The customer undertakes to pay the purchase price within fourteen days after receipt of the goods, unless the parties have agreed otherwise in individual cases. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the debt at a rate of 5 percentage points above the base interest rate. During the delay, the entrepreneur has to pay interest on the debt at a rate of 8 percentage points above the base interest rate. In principle, we reserve the right to prove and assert a higher damage caused by delay.
The customer only has a right to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. Bills of exchange or checks will only be accepted on account of performance and the claim will only expire if we have been fully satisfied from them.
Section 7 Passing of Risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, in the case of mail-order sales upon delivery of the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over, even in the case of mail-order sales.
The handover is the same if the buyer is in default of acceptance.
§ 8 Warranty
For defects in the goods, we initially provide the customer with a warranty (subject to the restrictions in § 9) by means of repair or replacement delivery, at our discretion.
If the supplementary performance fails, the customer can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his choice. In the case of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.
Entrepreneurs must notify us in writing of obvious defects within a period of three working days from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
If the customer chooses to withdraw from the contract due to a defect in title or quality after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we should have caused the breach of contract fraudulently.
For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply to entrepreneurs if they have not notified us of the defect in good time (section 3 of this provision). If the buyer is an entrepreneur, only our quality applies to the quality of the goods Product description as agreed. Public statements, endorsements or advertising by our trading or distribution partners do not represent any contractual indication of the quality of the goods.
§ 9 Limitations of Liability
When storing and using the goods, the customer must always observe the product descriptions that are enclosed with the goods or can be viewed on the Internet at www.global-mats.com. We are not liable for damage or injuries resulting from non-observance of these instructions.
There is no liability for only minor deviations from our delivery, for example with regard to color and structure.
In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or to the loss of life of the customer.
Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply if we be accused of fraud.
§ 10 Final Provisions
The law of the Federal Republic of Germany applies, including the UN Sales Convention.
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, Ahrensburg is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.