AGB-GTC

General terms and conditions of the online shop


cnc-markt.com GmbH

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders that you

at the online shop

cnc-markt.com GmbH

Lederstraße 17

73650 Winterbach

Managing Director: Frank Gensheimer

make.

(2) The range of goods in our online shop is aimed exclusively at

Buyers who have reached the age of 18 and as entrepreneurs within the meaning

of Section 14, Paragraph 1 of the German Civil Code.

(3) Our deliveries, services and offers are made exclusively on the

basis of these general terms and conditions. The General

Terms and conditions apply to companies therefore also for everyone

future business relationships, even if they are not expressly repeated

be agreed. The inclusion of general terms and conditions

of a customer, our General Terms and Conditions

contradict, is already contradicted.

(4) Contract language is exclusively German.

(5) You can view the currently valid General Terms and Conditions on the

Download and print out the website [specify link].

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application

the conclusion of a purchase contract. Rather, it is a

non-binding invitation to order goods in the online shop.

(2) By clicking on the button ["buy" / "order now with obligation to pay"]

submit a binding purchase offer (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order

(acknowledgment of receipt). This confirmation of receipt does not constitute acceptance

of your purchase offer. A contract comes through the confirmation of receipt

not yet come about.

(4) A purchase contract for the goods is only concluded if we expressly

declare the acceptance of the purchase offer or if we deliver the goods – without

prior express declaration of acceptance – send to you.

§ 3 Prices

The prices stated on the product pages are gross and include the

respective statutory sales tax and the respective shipping or delivery and

delivery costs.

§ 4 terms of payment; default

(1) Payment can be made either by:

Payment in advance,

Credit card,

Paypal

(2) We are responsible for selecting the available payment methods. We

In particular, we reserve the right to only give you selected ones for payment

To offer payment methods, for example to secure our

Credit risk only prepayment.

(3) If you select the payment method in advance, we will tell you our

Bank details in the order confirmation. The invoice amount is

to our account within 10 days of receipt of the order confirmation

to remit.

(4) When paying by credit card, the purchase price is determined at the time the order is placed

reserved on your credit card (authorization). The actual load

Your credit card account is done at the time we ship the goods to you

to ship.

(5) When paying by direct debit, you may have to bear any costs that arise as a result

a reversal of a payment transaction due to insufficient funds in the account or

arise due to incorrectly transmitted bank details.

(6) If you are in arrears with a payment, you are obliged to pay

Statutory interest on arrears at a rate of 9 percentage points above the

Base interest rate required. There is also a right to payment of a

Flat rate of 40 euros. Claiming further

We reserve the right to compensation.

§ 5 Offsetting/right of retention

(1) You only have the right to offset if your

counterclaim has been legally established or not by us

is denied or acknowledged or in a narrow synallagmatic

relation to our claim.

(2) You can only exercise a right of retention if your

counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

(1) Unless otherwise agreed, the goods will be delivered to you

request from our warehouse to the address you specified.

(2) We retain ownership of the goods until full settlement

of all claims from the ongoing business relationship. Before Transition

ownership of the reserved goods is a pledge or

Security assignment not permitted.

(3) You may resell the goods in the ordinary course of business. For

In this case, you already now accept all claims in the amount of

invoice amount that accrue to you from the resale to us.

We accept the assignment, but you are responsible for collecting the

claims authorised. If you do not meet your payment obligations

properly comply, we reserve the right to claims

to move in himself.

(4) If the goods subject to retention of title are combined and mixed, we acquire them

Co-ownership of the new item in relation to the invoice value

reserved goods to the other processed items at the time

the processing.

(5) We undertake to provide the securities to which we are entitled upon request

release to the extent that the realizable value of our securities to

securing claims by more than 10%. The selection of

We are responsible for the securities to be released.

(6) Rules for exchange parts: Certain products offered are marked as exchange parts (condition: in exchange/in exchange (old part free of charge to cnc-markt.com)). The item on offer can only be purchased as long as the buyer sends a defective old part of the same type to the seller (cnc-markt.com GmbH, Lederstraße 17, 73650 Winterbach) free of charge. If the defective replacement part is not sent to the seller within 10 days of purchase sent, the latter reserves the right to charge the buyer for compensation.

§ 7 Warranty

Unless expressly agreed otherwise, used parts are shipped without

Warranty claims sold. Will express a warranty

pointed out, your warranty claims are based on the statutory ones

Provisions of the sales law (§§ 433 ff. BGB) with the following modifications:

- For the quality of the goods only our own information and

the manufacturer's product description is binding, but not

public promotions and statements and other advertising of the

manufacturer.

- You are obliged to return the goods immediately and with the due

Examine carefully for quality and quantity deviations and

defects that are obvious to us within 7 days of receipt of the goods

to display. Timely dispatch is sufficient to meet the deadline. This

This also applies to hidden defects discovered later as soon as they are discovered. At

The assertion is a breach of the duty to examine and give notice of defects

of warranty claims excluded.

- In the event of defects, we shall, at our discretion, provide a warranty through rectification

or replacement delivery (subsequent performance). In the case of rectification

we do not have to bear the increased costs caused by the shipment

of the goods to a place other than the place of performance, provided that

the shipment does not correspond to the intended use of the goods

corresponds.

- If the supplementary performance fails twice, you can choose as you wish

request a reduction or withdraw from the contract.

- The warranty period for new parts is one year from delivery of the goods. This

Limitation does not apply to claims for damages arising from the

Injury to life, body or health or from the

Breach of an essential contractual obligation, the fulfillment of which

proper execution of the contract in the first place

and on compliance with which the contractual partner may regularly rely

(cardinal obligation) as well as for claims due to other damages,

based on an intentional or grossly negligent breach of duty by

user or his vicarious agents.

§ 8 Liability

(1) Unlimited liability: We have unlimited liability for intent and gross negligence

negligence and in accordance with the Product Liability Act. For light

negligence, we are liable for damage resulting from injury to life,

body and people's health.

(2) The following limited liability applies: In the case of slight negligence

we are only liable in the event of a breach of an essential contractual obligation,

the fulfillment of which is the proper execution of the contract at all

made possible in the first place and on which you can regularly rely

(cardinal obligation). Liability for slight negligence is based on amount

limited to the damage foreseeable at the time of the conclusion of the contract, with which

typically has to be expected. This

Limitation of liability also applies to our vicarious agents.

§ 9 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be ineffective or

become, thereby the effectiveness of the other regulations in the

rest unaffected.

(2) German law applies exclusively to contracts between us and you

applicable to the exclusion of the provisions of the United Nations

Convention on Contracts for the International Sale of Goods (CISG, „UNKaufrecht“).

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for everyone

Disputes arising out of or in connection with any contract between us and

Them.

Stand: 04,2021


Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de

GENERAL TERMS AND CONDITIONS (ONLINE-SHOP B2B) New text

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