§ 1 Scope and provider

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

at the online shop of

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 are 18 years or older and are entrepreneurs within the meaning of

of Section 14 Paragraph 1 of the German Civil Code (BGB).

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

Basis of these General Terms and Conditions. The General

Terms and conditions therefore also apply to companies for all

future business relationships, even if they are not expressly

The inclusion of general terms and conditions

of a customer who is in accordance with our General Terms and Conditions

contradict, is already contradicted.

(4) The contract language is exclusively German.

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

Access and print from website [provide link].

§ 2 Conclusion of contract

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

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

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

(2) By clicking the button [“buy” / “order now and pay”]

you make a binding purchase offer (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order

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

Your purchase offer. A contract is concluded by the confirmation of receipt

not yet materialised.

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

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

prior express declaration of acceptance – 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 by:

Payment in advance,

Credit card,

Paypal

(2) The selection of the available payment methods is our responsibility. We

In particular, we reserve the right to only offer you selected

To offer payment methods, for example to secure our

Credit risk only advance payment.

(3) If you choose to pay in advance, we will inform you of our

Bank details in the order confirmation. The invoice amount is

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

to remit.

(4) When paying by credit card, the purchase price will be charged at the time of the order

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

Your credit card account will be debited at the time we send the goods to you.

to ship.

(5) If you pay by direct debit, you may have to bear any costs that arise as a result of

a chargeback of a payment transaction due to insufficient funds or

due to incorrect bank details provided by you.

(6) If you default on a payment, you are obliged to pay the

statutory default interest of 9 percentage points above the

In addition, there is a claim to payment of a

Flat rate of 40 euros. The assertion of further

The right to claim damages remains reserved.

§ 5 Set-off/Right of retention

(1) You shall only have a right of set-off if your

Counterclaim has been legally established or has not been

is denied or recognized or in a narrow synallagmatic

proportionate to our claim.

(2) You may only exercise a right of retention to the extent that your

Counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

(1) Unless otherwise agreed, delivery of the goods shall be made to your

Request from our warehouse to the address you specified.

(2) We retain title to the goods until full payment

of all claims arising from the current business relationship. Before transfer

of ownership of the reserved goods is a pledge or

Transfer of ownership as security is not permitted.

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

In this case, you hereby assign all claims in the amount of

invoice amount that you receive from the resale to us.

We accept the assignment, but you are obliged to collect the

Claims are authorized. If you do not meet your payment obligations

properly, we reserve the right to demand

to move in yourself.

(4) In the case of combination or mixing of the reserved goods, we acquire

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

Retained 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

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

secured claims by more than 10%. The selection of the

The security to be released is our responsibility.

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

§ 7 Warranty

Unless expressly agreed otherwise, used parts will be returned without

Warranty claims are sold. If a warranty is expressly

Your warranty claims are governed by the statutory

Provisions of the Sales Law (§§ 433 ff. BGB) with the following modifications:

- Only our own information and

the manufacturer’s product description is binding, but not

public praise and statements and other advertising of the

manufacturer.

- You are obliged to return the goods promptly and with due care.

To carefully examine quality and quantity deviations and

Obvious defects within 7 days of receipt of the goods

To meet the deadline, it is sufficient to send the notice in good time. This

also applies to hidden defects discovered later.

Violation of the obligation to examine and give notice of defects is the assertion

Warranty claims are excluded.

- In the event of defects, we will, at our discretion, provide warranty by repair

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

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

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

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

corresponds.

- If the subsequent performance fails twice, you can choose

Demand 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

Injury to life, body or health or from the

Breach of a material contractual obligation, the fulfillment of which

proper execution of the contract is possible in the first place

and on whose compliance the contractual partner can regularly rely

(cardinal obligation) as well as for claims based on other damages,

which are based on an intentional or grossly negligent breach of duty by the

User or his vicarious agents.

§ 8 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross

Negligence and in accordance with the Product Liability Act. For minor

Negligence, we are liable for damages resulting from injury to life,

body and health of persons.

(2) In all other respects, the following limited liability applies: In the case of slight negligence

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

the fulfilment of which is essential for the proper execution of the contract

made possible and on whose compliance you can regularly rely

(Cardinal obligation). Liability for slight negligence is limited to the amount

limited to the damages foreseeable at the time of conclusion of the contract,

The emergence of this phenomenon must typically be expected.

Limitation of liability also applies to our vicarious agents.

§ 9 Final provisions

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

will not affect the validity of the other provisions in the

Otherwise not affected.

(2) Contracts between us and you shall be governed exclusively by German law

applicable excluding 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 shall be the place of jurisdiction for all

Disputes arising out of or in connection with contracts 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