TERMS AND CONDITIONS OF BUSINESS
of
DR.BRÜSTERSTOCKHAUSEN GMBH
Düsseldorfer Strasse 95
D-40454 DÜsseldorf
1. Scope
The following General Terms and Conditions of Business apply to deliveries and services of all kinds provided by the company DR.BRÜSTERSTOCKHAUSEN GMBH, Düsseldorfer Strasse 95, 40454 DÜsseldorf, for its customers. They shall also apply to all future business relationships even if they have not been explicitly agreed once again. These General Terms and Conditions of Business shall also apply if the confirmations of the customer are made, making reference to own terms and conditions of business and purchase.
Any deviations from these General Terms and Conditions of Business shall only be effective if they are agreed or confirmed by DR.BRÜSTERSTOCKHAUSEN GMBH.
2. Conclusion of contract
All offers are subject to confirmation. An agreement shall come about between DR.BRÜSTERSTOCKHAUSEN GMBH and the customer through an offer of the customer and its acceptance by DR.BRÜSTERSTOCKHAUSEN GMBH. An offer shall be made by electronic transmission of the fully completely online order form, by transmission of the complete order data by post, fax or telephone. DR.BRÜSTERSTOCKHAUSEN GMBH is at liberty to accept the offer within a period of 8 days. DR.BRÜSTERSTOCKHAUSEN GMBH shall accept the offer verbally in the case of a telephone communication or by delivery of an order confirmation and otherwise by sending an order confirmation by email, mail or fax.
3. Instruction on the right of revocation (for consumers only)
Consumers with residence in the European Union have a right of revocation in the cases provided for by law, in particular therefore for purchases made in the online shop of DR.BRÜSTERSTOCKHAUSEN GMBH and for purchases made by ordering from the catalogue of DR.BRÜSTERSTOCKHAUSEN GMBH. This shall not apply to goods produced in accordance with customer specifications or which are clearly tailored to suit personal needs, as well as goods which are not suitable for return due to their nature, which may spoil quickly or the expiry date of which would be exceeded. The customer may declare revocation within two weeks, without specifying reasons in text form, (e.g. letter, fax, email) or by returning the product. The period shall start at the earliest on receipt of these instructions and not before receipt of the delivery. The punctual sending of the revocation or the product shall be sufficient to meet the revocation deadline. The revocation must be directed at the following company
DR.BRÜSTERSTOCKHAUSEN GMBH,
represented by its Managing Directors Dr. Christoph BrÜster and Tanja BrÜster
Düsseldorfer Strasse 95, D-40454 DÜsseldorf.
Telephone: +49(0)211/55941-0
Facsimile: +49(0)211/55941-15
Email: info@equinorm.de
3.a Consequence of revocation
In the event of an effective revocation the products and services received on both sides must be returned and any uses derived (e.g. interest) refunded. If the customer is unable in whole or in part to return the goods or service received to DR.BRÜSTERSTOCKHAUSEN GMBH or only in a poorer state, the customer must replace the value in this respect to DR.BRÜSTERSTOCKHAUSEN GMBH. In the case of provision of products this shall not apply if the poorer condition of the product is exclusively attributable to its examination as, for example, would have been possible for the customer in a shop. Otherwise, the customer may avoid the duty to reimburse value by not using the product and doing everything to ensure that its value is not impaired. Any products which may be sent in packages must be returned. The customer must bear the costs of return if the goods delivered correspond to those ordered and if the value of the order does not exceed an amount of EURO 40.00 or if the customer has not yet paid the counterperformance or any contractually agreed part payment at the time of revocation in the case of a higher order value. Otherwise, returning the goods shall be free of charge for the customer. Any products which may not be sent in packaged form shall be collected from the customer. The customer must satisfy duties to reimburse payments within 30 days of sending the declaration of revocation.
3.b Special information:
The right of revocation does not apply to distance selling agreements under Section 312d (4) German Civil Code (BGB) for the delivery of goods produced according to customer specification or which are clearly tailored to suit personal needs or which are not suitable for return due to their nature or which may spoil quickly or whose expiry date would expire.
Animal food is basically not suitable for return owing to its nature if the consumer has unsealed the animal food or has opened the hygiene seal.
4. Terms and Conditions of Delivery
Any delivery dates or periods which have not been explicitly agreed as binding, are exclusively non-binding information.
Usually DR.BRÜSTERSTOCKHAUSEN GMBH shall deliver to the address specified by the customer within eight (8) working days within Germany by mail or a forwarding company. Special delivery periods shall apply to all other countries, details of which shall be provided on request. Delivery dates or periods shall be satisfied by DR.BRÜSTERSTOCKHAUSEN GMBH on condition of punctual and correct satisfaction of the contractual duties on the part of the customer; all rights reserved to the plea of failure to satisfy the agreement.
If DR.BRÜSTERSTOCKHAUSEN GMBH is unable to comply with an explicitly agreed delivery period or defaults for any other reasons, the customer must grant an appropriate period of grace. After fruitless expiry of this period the customer is entitled to withdraw from the agreement. If a delivery becomes impossible for reasons which were neither foreseeable nor could be influenced by DR.BRÜSTERSTOCKHAUSEN GMBH, DR.BRÜSTERSTOCKHAUSEN GMBH may withdraw from the agreement.
DR.BRÜSTERSTOCKHAUSEN GMBH is liable according to the statutory provisions subject to the following restrictions if the customer is entitled, as a result of a delay in delivery for which DR.BRÜSTERSTOCKHAUSEN GMBH is responsible, to have recourse to the frustration of his interest in satisfaction of agreement. In the case of default on delivery, DR.BRÜSTERSTOCKHAUSEN GMBH shall be liable in accordance with the statutory provisions if the default on delivery is based on wilful or grossly negligent infringement of duty for which DR.BRÜSTERSTOCKHAUSEN GMBH is responsible; in other cases the liability shall be restricted to foreseeable, typical damage.
DR.BRÜSTERSTOCKHAUSEN GMBH is entitled to perform the delivery also in part deliveries insofar as the customer can be expected to accept this.
If the customer defaults on acceptance or culpably infringes any other duties to cooperate, DR.BRÜSTERSTOCKHAUSEN GMBH shall be entitled, irrespective of additional claims, to request replacement of the resultant damage.
For entrepreneurs only: DR.BRÜSTERSTOCKHAUSEN GMBH reserves the right to store the goods at the expense of the customer and to sell these to third parties by way of forced sale.
5. Prices, ancillary costs
The list prices stated at the time of the order shall apply unless something to the contrary has been agreed. All prices must be specified in the euro currency. Statutory turnover tax is already contained in the prices stated in the catalogue and in the online shop.
The costs for freight and packaging shall be charged additionally. The prices for forwarding within Germany result from the applicable pricelist of DR.BRÜSTERSTOCKHAUSEN GMBH "Forwarding costs for consignments within Germany".
For all other countries of the EU as well as all other countries throughout the world, special forwarding and insurance costs apply, details of which shall be provided on request. Possible customs duties and other public charges as well as the cost for any consignment documents that may be needed which are liable to a charge (e.g. certifications, import licences) and the costs of customs clearance and similar shall also be charged separately.
6. Payment
The goods shall be paid for in advance or by advance remittance unless something to the contrary has been agreed. All invoices are payable immediately and without deduction.
7. Offset and right of retention, assignment
It shall only be possible to offset and assert rights of retention if the underlying counterclaims are undisputed or have been established res judicata. If this is not the case a right of retention on the part of the customer must result from the same contractual relationship as the claim of DR.BRÜSTERSTOCKHAUSEN GMBH and must be in an appropriate relationship to it.
The customer is only entitled with the prior approval of DR.BRÜSTERSTOCKHAUSEN GMBH to assign the rights arising from this agreement with the exception of payment claims. The consent may only be refused if there is good reason so to do.
8. Warranty
DR.BRÜSTERSTOCKHAUSEN GMBH shall assume the warranty exclusively within the framework of the statutory provisions. If a defect exists for which DR.BRÜSTERSTOCKHAUSEN GMBH is responsible, DR.BRÜSTERSTOCKHAUSEN GMBH shall be entitled to either eliminate the defect or provide a replacement delivery/replacement production as it so chooses.
If DR.BRÜSTERSTOCKHAUSEN GMBH permits an appropriate period for the elimination of defect or replacement of delivery to pass without action, if subsequent performance is unreasonable for the customer or if it fails, the customer may withdraw from the agreement or reduce payment notwithstanding any damage claims under these General Terms and Conditions of Business.
Subsequent performance shall be deemed to have failed on the second fruitless attempt. If only an insubstantial fault exists, the customer shall merely have a right to a reduction of the contractual price. Damage claims shall be subject to the provisions of the following section.
The granting of a warranty concerning the nature of the goods and durability of the goods shall require an explicit declaration by DR.BRÜSTERSTOCKHAUSEN GMBH at all events.
For entrepreneurs only: claims due to a material defect shall become statute barred after expiry of one year of delivery. This shall not apply to the extent that the law prescribes longer periods.
9. Reimbursement of damage and expenses
Insofar as nothing to the contrary is agreed in this agreement, the following shall apply to the liability of DR.BRÜSTERSTOCKHAUSEN GMBH for the replacement of damages and expenses:
A liability on the part of DR.BRÜSTERSTOCKHAUSEN GMBH, irrespective of the legal reason, shall only apply if the customer asserts damage claims which are based on wilful intent or gross negligence including wilful intent or gross negligence of representatives or vicarious agents of DR.BRÜSTERSTOCKHAUSEN GMBH or on a culpable infringement of an essential contractual duty. In the event of negligent infringement of main contractual duties (these include contractual duties the satisfaction of which makes the correct performance of the contract at all possible and the compliance with which the customer may expect) the liability for damages shall be restricted to the foreseeable, typical damage. Otherwise the liability of DR.BRÜSTERSTOCKHAUSEN GMBH shall be precluded in particular in the case of mild negligence.
Liability due to culpable injury to life and limb or damage to health shall not be affected; this shall also apply to the mandatory liability under the Product Liability Act.
Insofar as DR.BRÜSTERSTOCKHAUSEN GMBH has provided a guarantee as to the nature or durability of the goods, it shall also be liable within the framework of this warranty. However, the seller shall only be liable for damage based on the absence of warranted characteristics or durability but which do not directly arise with respect to the goods, only if the risk of any such damage is evidently covered by the warranted characteristics or warranted durability.
10. Data protection
The personal data required to execute the agreement shall be provided by the customer. The personal data required for the business transaction shall be saved and passed on to third parties for the direct satisfaction of the order. All personal data shall be treated confidentially and shall be protected from unauthorised access.
11. Reservation of title
The goods shall remain in the ownership of DR.BRÜSTERSTOCKHAUSEN GMBH until such times as they have been paid for in full.
For entrepreneurs only: the resale of the goods subject to title shall only be permitted during the course of ordinary business. The customer assigns here and now to DR.BRÜSTERSTOCKHAUSEN GMBH all claims arising from the resale of the goods subject to title. However, the customer shall remain entitled to collect the claim until such times as he has received revocation from DR.BRÜSTERSTOCKHAUSEN GMBH.
12. Final clauses
The legal relationships between the contracting parties shall be subject to German law, ousting the Convention on the International Sale of Goods (CISG).
DÜsseldorf shall be agreed as venue for all current and future claims arising from the business relationship with businessmen including bill of exchange and cheque claims.
In all other cases, the same venue shall apply if the customer has no general venue in Germany or in the territory of the European Union, if the customer moves his residence or usual place of residence after concluding contract from Germany or if the place of residence or usual residence of the customer is unknown at the time of filing litigation.
For entrepreneurs only: place of performance is DÜsseldorf.
In the event of one or several provisions of this Agreement or these Terms being or becoming ineffective or impracticable, this shall not affect the efficacy of the remaining provisions.
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