Conditions of Use
The contract is concluded under the exclusive application of our General Terms and Conditions.
General Terms and Conditions of the company Heino Büse MX Import GmbH
1. General
(1) The contract is exclusively subject to our general terms and conditions (hereinafter: T&Cs). We do not recognize any customer terms and conditions that conflict with or deviate from ours, unless we have expressly agreed to their validity in writing. Our T&Cs also apply if we fulfill our contractual obligation without reservation despite being aware that the customer's terms and conditions conflict with or deviate from ours.
(2) Our T&Cs only apply to an entrepreneur (§§ 310 I, 14 BGB), a legal entity under public law or a special fund under public law.
(3) All agreements made between us and the customer to amend the contract or for the purpose of executing this contract must be recorded in writing. The same applies to any additions. Any agreement on the written form can only be revoked in writing on a case-by-case basis.
(4) Our T&Cs also apply to all future transactions with the customer.
(5) The place of jurisdiction and performance is Aachen.
(6) The contract is subject to German substantive law.
2. Offer
(1) Our offer is subject to change.
(2) The documents submitted before the offer, such as advertising brochures etc., as well as the documents associated with the offer, such as illustrations, drawings, weight and dimensions, are subordinate to the service description in our offer, unless they are expressly designated as binding and take priority. In case of discrepancies, the service description in the offer takes precedence over the mentioned documents.. The same applies to advertising materials.
(3) We can accept orders within 3 weeks, unless a different binding period has been agreed in writing.
3. Prices - payment terms - price adjustment
(1) Unless otherwise stated in the order confirmation, our prices are “ex works”, excluding shipping costs; these are to be paid separately. For goods worth €300.00 net or more, we cover the shipping costs. For goods valued at less than €100.00 net, a packaging surcharge of €2.99 applies. Statutory value-added tax is not included in our prices; it is shown separately on the invoice at the applicable rate on the date of invoicing. Unless otherwise stated in the order confirmation/invoice, the purchase price, including the price for additional services and expenses incurred, is due within 14 days of the invoice date with a 2% discount, otherwise within 30 days without deduction. Alternatively, the customer may issue us a basic SEPA mandate or SEPA corporate mandate. The customer undertakes to ensure that the account is covered. The advance notice (pre-notification) is provided as part of the goods invoice. The advance notice period is 7 days, unless statutory provisions allow for a shorter period, in which case those provisions apply. Costs that arise due to non-payment or reversal of the direct debit are borne by the customer, if the non-payment or reversal was not caused by us. Büse can demand advance payment for individual buyers and contracts without giving reasons. If the customer defaults on payment, Section 288 of the German Civil Code applies. We reserve the right to assert further damages for default. Section 353 of the German Commercial Code remains unaffected. If the customer defaults on previous payments, we reserve the right to deliver new orders cash on delivery without deduction of a discount. The right to a discount is generally void if payment is not made on time.
(2) The customer is only entitled to set off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is entitled to exercise a right of retention under the conditions insofar as his counterclaim is based on the same contractual relationship.
4. Compensation for unjustified non-acceptance
(1) If the customer withdraws from the contract without justification or does not accept the goods within the agreed or a reasonable period, we can withdraw from the contract and demand compensation. In this case, the risk of accidental loss or deterioration of the goods transfers to the customer at the moment they default on acceptance.
(2) The customer owes 30% of the net invoice amount as compensation; if we can demonstrate higher damages, the customer shall be liable for the proven amount. The customer is permitted to prove that we have suffered no or less damage.
5. Delivery time
(1) Unless binding delivery dates have been expressly agreed, the delivery times stated are non-binding. The delivery period begins upon receipt of the order confirmation by the customer.
(2) If we are in default on delivery, any claim for compensation due to proven delay-related damages shall be limited to a maximum of 10% of the net delivery value. If the delay is due to intent or gross negligence or represents a material breach of duty, statutory liability remains.
(3) If the customer sets us a reasonable deadline for performance or subsequent performance after we have already fallen into default, he is entitled to withdraw from the contract after this deadline has expired without result; the customer is only entitled to claims for damages instead of performance in the amount of the foreseeable damage if the delay is due to intent, gross negligence or a material breach of duty.
6. Transfer of risk
(1) Unless otherwise stated in the order confirmation, delivery is agreed “ex works”.
(2) If delivery “free domicile” has been expressly agreed otherwise, this does not change the transfer of risk when the goods are handed over to the freight forwarder. To protect the rights arising from the forwarding contract, the customer is obliged to inspect the goods immediately upon receipt and to report any transport damage immediately, at the latest, within one week of receipt of the goods. At the customer's request, we will arrange transport insurance, the cost of which shall be borne by the customer.
7. Design changes
Changes to the design or shape of the goods that are based on a technical improvement that became known after the contract was concluded or on a legal regulation or DIN/EN standard that came into force after the contract was concluded are permissible provided that the delivery item is not significantly changed as a result and the change is reasonable for the customer. If the change is unreasonable for the customer, both parties may withdraw from the contract without compensation.
8. Retention of title
(1) We retain title to the goods until all claims arising from the delivery contract have been fulfilled (including any balance claims from a current account). If the customer acts in breach of contract, in particular if payment is delayed, we are entitled to take back the goods. Taking back the goods by us does not constitute withdrawal from the contract unless we have expressly declared this in writing. Any seizure of the goods by us shall be deemed a withdrawal from the contract. After taking back the goods, we are entitled to sell them; the proceeds from the sale are to be credited to the customer's liabilities - less reasonable disposal costs.
(2) The customer is obliged to treat the goods with care; in particular, he is obliged to insure them at his own expense against fire, water and theft damage to their new value.
(3) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing. If the third party is unable to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the loss incurred by us.
(4) The customer is entitled to resell the goods in the ordinary course of business, but not to pledge them or transfer them as security; However, he hereby assigns to us all claims in the amount of the final invoice amount agreed with us (including VAT) that arise from the resale against his customers or third parties, regardless of whether the goods were resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made or payments have been suspended. However, if this is the case, we can demand that the customer inform us of the assigned claims and their debtors, provide all the necessary information for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
(5) The processing or transformation of the goods by the customer is always carried out for us. The customer's right of retention to the goods continues to apply to the transformed item. If the goods are processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of our goods compared to the other processed items at the time of processing. The same applies to the item created through processing as to the goods delivered subject to retention of title.
9. Warranty - customer recourse
(1) Only the description of the service contained in the order confirmation, or the contract is decisive for determining the contractual quality of the goods. We only provide a guarantee if this is expressly agreed in writing and the promise is referred to as a "guarantee".
(2) The customer's warranty rights presuppose that the customer has properly fulfilled his inspection and complaint obligations in accordance with Section 377 of the German Commercial Code (HGB). Obvious defects must be reported within five business days of receipt of the goods, and hidden defects within five business days of their discovery. No. 10 (2) of our General Terms and Conditions applies in addition to returns of goods due to defects.
(3) In case of defects, we are entitled to remedy them at our discretion, either by repair or replacement. The customer may not carry out any work to remedy the defect himself or through third parties without our prior consent; we will not bear the costs of such work. If we remedy the defect, we are obliged to bear all expenses required for the purpose of remedying the defect, in particular transport, travel, labor and material costs, provided that these do not increase as a result of the goods being taken to a location other than the one to which we delivered the goods or which is stated in the contract as the destination.
(4) If the defect remedy fails or is refused, or if we decline to provide a defect-free item, the customer may either withdraw from the contract or demand an appropriate reduction in the purchase price.
(5) Unless otherwise stated below (para. 6), further claims by the customer - regardless of the legal reasons - are excluded. We are therefore not liable for damage that did not occur to the delivered item itself; in particular, we are not liable for lost profits or other financial losses suffered by the customer.
(6) If the cause of the damage is based on intent or gross negligence, we are liable in accordance with the statutory provisions. If we culpably breach a material contractual obligation, liability is limited to the damage typical for the contract; otherwise, it is excluded in accordance with paragraph (5).
(7) In the case of Section 478 of the German Civil Code (BGB), we are not liable for damages, except in the case of gross negligence, if our purchaser or his customer is sued by an end consumer for defects in the goods.
(8) The warranty period is 1 year from the transfer of risk.
10. Returns - Exchanges
(1) We only accept returns if they are "free"; in the case of justified complaints about defects, we will reimburse the customer for the shipping costs incurred in accordance with Section 9, Paragraph 3 of our General Terms and Conditions.
(2) Each return must be accompanied by a delivery note in duplicate and a copy of our invoice. For items that are to be identified by quantity, color, size and item number, the reason for the return must be stated; in the case of complaints, the type of defect must be stated. In the case of complaints about chain kits, the purchase receipt from the end customer must be enclosed if our customer has delivered them.
(3) Unauthorized returns or returns without the information specified in No. 2 will be returned by us at the sender's expense. The same applies to returns for the purpose of repair, provided there is no defect.
(4) If goods are returned for exchange without a valid warranty claim, we will decide at our discretion whether to accept them. If we take the goods back, we will charge a restocking fee of 10% of the net sales price, with a minimum of €8.95 per return.
11. Claims for damages
(1) The customer has no claims for damages or reimbursement of expenses, regardless of the legal basis, from the breach of obligations arising from the contractual relationship that do not constitute warranty claims.
(2) This does not apply if liability is based on mandatory standards, in particular under the Product Liability Act, in the event of intent or gross negligence, in the event of injury to life, body or health, or in the event of a breach of essential contractual obligations. In the event of a breach of essential contractual obligations, liability for damages is limited to foreseeable, contract-typical damages, unless caused by intent, gross negligence, or injury to life, body, or health. This regulation does not involve a reversal of the burden of proof to the detriment of the customer.
Roetgen, September 2024