§ 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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