General terms and conditions
Status: June 2019
A. General Terms and Conditions for Consumers
According to § 13 of the German Civil Code (BGB), a consumer is any person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.
The following general terms and conditions apply to the use of this online shop:
General
- These general terms and conditions regulate the use of the online shop www.www.iserlohner-haken.de.Sie. They apply to the use of the website. They also apply to the regulation of payment for purchased goods and the conclusion and processing of purchase contracts.
Authorised persons
2. Only persons with full legal capacity, i.e. persons who are at least 18 years old and legal entities, are entitled to shop on www.www.iserlohner-haken.de.
Registration
3. It is not necessary to register to use the online shop www.www.iserlohner-haken.de as a buyer; you can make a purchase as a guest at any time.
4. The compulsory data requested during registration, such as full name, postal address, company if applicable, telephone number and email address, must be provided completely and correctly. The contact details must always be kept up to date. Should there be delays in the processing of a purchase contract because the contact details have not been kept up to date, this will not be at the expense of the online shop Iserlohner Haken.de (seller).
5. If untrue data is entered during registration, www.www.iserlohner-haken.de reserves the right to reject the registration and to exclude the person from using the online shop.
Warranty
6. The seller (www.iserlohner-haken.de) does not guarantee that the online shop is permanently available.
7.The seller (www.iserlohner-haken.de) reserves the right to close the online shop and take it offline without prior notice and without giving reasons.
Representation of the products/copyrights
8. all representations of the products, in particular photos, are protected by copyrights or other performance rights against unauthorised use. In particular, they may not be copied or used in any other way, especially not published.
Conclusion of the purchase contract
9. The sales contract is only concluded between the buyer and the seller (www.iserlohner-haken.de).
10. All goods and prices presented in the online shop www.www.iserlohner-haken.de are not binding offers but an invitation to submit an offer by the user/buyer.
11. With his order, the buyer makes a binding offer to conclude a purchase contract for the ordered goods. By confirming the general terms and conditions, the buyer accepts them.
12. Before sending the order, the buyer is given the opportunity to review, change and correct all information in the order form.
13. The seller (www.iserlohner-haken.de) sends the buyer a confirmation of receipt that the offer has arrived. The confirmation of receipt is at the same time the acceptance of the offer and brings the purchase contract into effect.
Storage of the contract text
14. The order with the order data entered by the buyer as well as the general terms and conditions included in the contract are stored. The seller's confirmation of receipt (www.iserlohner-haken.de), which is sent immediately after the order has been sent, contains all the order data for the future contract and can be printed out. The General Terms and Conditions can be printed out during the ordering process or immediately afterwards by clicking on the link on the website. The invoice is sent by email and can also be saved and printed.
Payment, methods of payment, refund
15. The payment methods accepted by the seller (www.iserlohner-haken.de) and listed on the website are used to pay the purchase price. The buyer chooses the payment method he/she prefers when entering his/her order. Upon receipt of the invoice by the buyer, payment will be made immediately according to the chosen method of payment.
16. Refunds of any kind related to a specific purchase process will be made by the seller (www.iserlohner-haken.de) using the same payment method as the purchase price payment.
Shipping, shipping costs
17. The online shop offers various shipping service providers with which the seller (www.iserlohner-haken.de) cooperates. The buyer selects a shipping service provider and the goods are then shipped at the buyer's expense to the delivery address specified by the buyer. The shipping costs are clearly indicated in the price details of the product on the offer page of the online shop www.www.iserlohner-haken.de and are communicated separately in the shopping basket system.
Right of withdrawal/return costs
18. You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must send us:
Jürgen Schwerter
Langer Brauck 11
58640 Iserlohn
GERMANY
Phone: +49 2371 975-125
Fax: +49 2371 975-100
E-mail: info@juergen-schwerter.de
Internet: www.www.iserlohner-haken.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the sooner.
You must return the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract:
Jürgen Schwerter
Langer Brauck 11
58640 Iserlohn
GERMANY
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
End of the cancellation policy
Exclusion of the right of revocation
According to § 312 d Abs. 4 Nr. 1 BGB the right of revocation does not exist in case of distance contracts for the delivery of goods which are produced according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded.
Liability
19. The links to other websites offered on www.www.iserlohner-haken.de are carefully selected. The operators of these websites are solely responsible for their content. There is no possibility for www.www.iserlohner-haken.de to influence the content, therefore the seller (www.iserlohner-haken.de) cannot accept any responsibility for the content of linked websites.
Complaint management
20. The statutory regulations apply to warranty claims arising from sales contracts.
21. We value your customer satisfaction and will take every complaint seriously. You can contact us at any time via one of the contact channels listed on www.www.iserlohner-haken.de. We will endeavour to examine your request as quickly as possible and will contact you as soon as we have received the documents or your submission or complaint. In the case of complaints, you will help us if you describe the subject of the problem as precisely as possible. If you still do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have been "caught" in spam filters at our end or at your end, or a message may not have reached you by other means or may have been inadvertently omitted.
Final provisions
22. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
23. If a clause is invalid, the remaining provisions shall remain unaffected and retain their validity.
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
B. General Terms and Conditions for Entrepreneurs
According to § 14 of the German Civil Code, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
Scope of application
1. These Terms and Conditions of Sale apply to entrepreneurs, legal entities under public law and special funds under public law. Our deliveries and services are provided exclusively on the basis of the following terms and conditions.
Business terms and conditions of the partner which are not expressly recognised by us shall not be valid.
General provisions
2. The contractual partners shall immediately confirm verbal agreements in detail in writing.
3. Orders shall only become binding upon our order confirmation or delivery.
4. The information and illustrations contained in brochures and catalogues are approximate values customary in the industry unless they have been expressly designated by us as binding.
Long-term and call-off contracts, price adjustment
5. Unlimited contracts may be terminated with a notice period of 3 months.
6. If, in the case of long-term contracts (contracts with a term of more than 6 months and unlimited contracts), a significant change in wage, material or energy costs occurs, each contractual partner shall be entitled to demand negotiations on an appropriate adjustment of the price taking these factors into account.
7. If a binding order quantity has not been agreed, we shall base our calculation on the non-binding order quantity (target quantity) expected by the partner for a certain period. If the partner purchases less than the target quantity, we are entitled to increase the unit price appropriately. If it purchases more than the target quantity, we shall reduce the unit price appropriately insofar as the partner has announced the additional requirement at least 2 months before delivery.
8. In the case of delivery contracts on call, binding quantities must be notified to us by call at least 2 months before the delivery date, unless otherwise agreed. Additional costs caused by a delayed call-off or subsequent changes to the call-off with regard to time or quantity by our partner shall be borne by the partner; our calculation shall be decisive in this respect.
Confidentiality
9. Each contracting party shall use all documents (including samples, models and data) and knowledge which it receives from the business relationship only for the jointly pursued purposes and shall keep them secret from third parties with the same care as its own corresponding documents and knowledge if the other contracting party designates them as confidential or has an obvious interest in keeping them secret. This obligation begins with the first receipt of the documents or knowledge and ends 36 months after the end of the business relationship.
10. The obligation does not apply to documents and knowledge which are generally known or which were already known to the contracting party at the time of receipt without the contracting party being obliged to maintain secrecy, or which are subsequently transmitted by a third party entitled to pass them on or which are developed by the receiving contracting party without exploiting documents or knowledge of the other contracting party which are to be kept secret.
Drawings and descriptions
11. If one contracting party provides the other with drawings or technical documents relating to the goods to be delivered or their manufacture, these shall remain the property of the submitting contracting party.
Samples and means of production
12. Unless otherwise agreed, the manufacturing costs for samples and means of production (tools, moulds, templates, etc.) shall be invoiced separately from the goods to be delivered. This also applies to means of production which have to be replaced due to wear and tear.
13. The costs of maintenance and proper storage as well as the risk of damage to or destruction of the means of production shall be borne by us.
14. If the partner suspends or terminates the cooperation during the production period of the samples or means of production, all production costs incurred up to that time shall be borne by the partner.
15. The means of production shall remain in our possession, even if the partner has paid for them, at least until the delivery contract has been settled. Thereafter, the partner shall be entitled to demand the return of the means of production if an amicable agreement has been reached on the time of return and the partner has fully complied with its contractual obligations.
16. We shall store the means of production free of charge for three years after the last delivery to our partner. Thereafter, we shall request our partner in writing to comment on further use within 6 weeks. Our obligation to keep the means of production in safe custody shall end if no statement is made within these 6 weeks or no new order is placed.
17. Customer-related means of production may only be used by us for deliveries to third parties with the prior written consent of our partner.
Prices
18. Our prices are in Euro excluding VAT, packaging, freight, postage and insurance.
19. Our prices refer to the same quantity unit as the packaging unit, i.e. 1 piece, 1 metre, 1 kg, 1 pair, 1 carton or 1 self-service packaging. Exceptions (per 100 pieces = %) are marked by % in the price list.
20. Our prices in the web shop include VAT plus the shipping costs shown there.
Terms of payment
21. All invoices are due for payment within 30 days of the invoice date.
22. If we have indisputably delivered partially defective goods, our partner shall nevertheless be obliged to make payment for the defect-free portion unless the partial delivery is of no interest to him. In all other respects, the partner may only set off against counterclaims which have become res judicata or are undisputed. 23. In the event of overdue payment, we shall be entitled to charge interest on arrears at the rate charged by the bank for current account overdrafts, but at least 8 percentage points above the base rate of the European Central Bank at the time.
24. In the event of default in payment, we may, after giving written notice to the partner, suspend the performance of our obligations until the payments have been received.
25. Bills of exchange and cheques will only be accepted by agreement and only on account of performance and on condition that they can be discounted. Discount charges shall be calculated from the date on which the invoice amount is due. A guarantee for the timely presentation of the bill of exchange and cheque and for the lodging of a bill protest is excluded.
26. If, after conclusion of the contract, it becomes apparent that our claim to payment is jeopardised by the partner's lack of ability to pay, we may refuse performance and set the partner a reasonable period in which it must pay concurrently with delivery or provide security. In the event of refusal by the partner or unsuccessful expiry of the deadline, we shall be entitled to withdraw from the contract and demand compensation.
27. If the partner engages a central settlement company, the debt-discharging settlement of the invoice shall not take effect until payment has been credited to our account.
28. The methods of payment in the web shop are specified there by the seller; the buyer selects the method of payment he wishes when entering the order.
Conclusion of the purchase contract
29. The purchase contract is only concluded between the buyer and the seller (www.iserlohner-haken.de).
30. All goods and prices presented in the online shop www.www.iserlohner-haken.de are not binding offers, but an invitation to submit an offer by the user/buyer.
31. With his order, the buyer makes a binding offer to conclude a purchase contract for the ordered goods. By confirming the general terms and conditions, the buyer accepts them.
32. Before sending the order, the Buyer shall be given the opportunity to review, change and correct all details in the order form.
33. The seller (www.iserlohner-haken.de) sends the buyer a confirmation of receipt that the offer has arrived. The confirmation of receipt is simultaneously the acceptance of the offer and brings the purchase contract into effect.
Storage of the contract text
34. The order with the order data entered by the buyer as well as the general terms and conditions included in the contract are stored. The seller's confirmation of receipt (www.iserlohner-haken.de), which is sent immediately after the order has been sent, contains all the order data for the future contract and can be printed out. The General Terms and Conditions can be printed out during the ordering process or immediately afterwards by clicking on the link on the website. The invoice, with which the contract is concluded, is sent by email and can also be saved and printed out.
Delivery
35. Unless otherwise agreed, we deliver "ex works". Decisive for compliance with the delivery date or the delivery period is the notification by us of readiness for dispatch or collection.
36. The delivery period shall commence with the dispatch of our order confirmation and shall be extended appropriately if the conditions of Clause 58 are met.
37. Partial deliveries are permissible to a reasonable extent. They will be invoiced separately. Arrears which have not been cancelled will be added to the next order.
38. Production-related excess or short deliveries are permissible within a tolerance of 10 percent of the total order quantity. The total price shall change in accordance with their scope. We charge a surcharge of € 1.90 per item for broken pieces.
Dispatch and transfer of risk
39. Goods notified as ready for dispatch must be taken over by the partner without delay. Otherwise we shall be entitled to dispatch them at our own discretion or to store them at the partner's expense and risk.
40. In the absence of a special agreement, we shall choose the means of transport and the transport route.
41. The risk shall pass to the partner on handover to the railway, forwarding agent or carrier or on commencement of storage, but at the latest on leaving the factory or warehouse, even if we have undertaken delivery.
Delay in delivery
42. If we can foresee that the goods cannot be delivered within the delivery period, we shall inform the partner of this immediately and in writing, inform him of the reasons for this and, if possible, state the expected delivery date.
43. If delivery is delayed due to a circumstance listed in Clause 58 or due to an act or omission on the part of the partner, an extension of the delivery period appropriate to the circumstances shall be granted.
44. The partner shall only be entitled to withdraw from the contract if we are responsible for the non-observance of the delivery date and the partner has unsuccessfully set us a reasonable period of grace.
Retention of title
45. We retain title to the goods delivered until all claims arising from the business relationship with the partner have been settled.
46. The partner is entitled to sell these goods in the ordinary course of business as long as he meets his obligations from the business relationship with us in good time. However, he may neither pledge the reserved goods nor assign them as security. He shall be obliged to secure our rights in the credited resale of the reserved goods.
47. In the event of breaches of duty by the partner, in particular in the event of default in payment, we shall be entitled to rescind the contract and take back the goods after the unsuccessful expiry of a reasonable deadline set for the partner to perform; the statutory provisions on the dispensability of setting a deadline shall remain unaffected. The partner is obliged to surrender the goods. We shall be entitled to withdraw from the contract if an application is made to open insolvency proceedings against the partner's assets.
48. The partner hereby assigns to us by way of security all claims and rights arising from the sale or any leasing of goods to which we are entitled and which may have been granted to the partner. We hereby accept the assignment.
49. Any processing or treatment of the reserved goods shall always be carried out by the partner on our behalf. If the goods subject to retention of title are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed or mixed items at the time of processing or mixing.
If our goods are combined or inseparably mixed with other movable items to form a single item and if the other item is to be regarded as the main item, the partner shall transfer co-ownership to us on a pro rata basis insofar as the main item belongs to him. The partner shall keep the ownership or co-ownership for us. In all other respects, the same shall apply to the item created by processing or combining or mixing as to the goods subject to retention of title.
50. The partner shall inform us without delay of any enforcement measures by third parties against the goods subject to retention of title, the claims assigned to us or other securities, handing over the documents necessary for an intervention. This shall also apply to impairments of any other kind.
51. If the value of the existing securities exceeds the secured claims by more than 20 per cent in total, we shall be obliged to release securities of our choice at the partner's request.
Material defects
52. The partner must give written notice of obvious defects immediately after receipt of the goods at the place of destination, of hidden defects immediately - but at the latest within 6 months after receipt of the goods - after discovery of the defect.
53. The quality of the goods is determined exclusively by the agreed technical delivery specifications. If we have to deliver according to drawings, specifications, samples, etc. of our partner, the latter shall assume the risk of suitability for the intended use. Decisive for the condition of the goods in accordance with the contract is the time of the transfer of risk in accordance with Clause 32. Special orders and custom-made products are excluded from return.
54. In our deliveries we comply with the respective applicable legal regulations of the European Union and the Federal Republic of Germany, e.g. the REACH Regulation (Regulation EC No. 1907/2006), the Law on the Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (ElektroG) as national implementation of Directive 2002/95/EC (RoHS) and Directive 2002/96/EC (WEEE) and the End-of-Life Vehicles Act as national implementation of EU Directive 2000/52/EC.
We shall inform the partner without delay of relevant changes to the goods, their deliverability, usability or quality, in particular those caused by the REACH Regulation, and shall coordinate suitable measures with the partner in individual cases.
55. We shall not be liable for material defects arising as a result of unsuitable or improper use, faulty assembly or commissioning by the partner or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the partner or third parties without our consent. The same shall apply to defects which only insignificantly reduce the value or suitability of the goods.
56. Claims for material defects shall become statute-barred after 12 months. This does not apply if the law prescribes longer periods, in particular for defects in a building and for goods which have been used for a building in accordance with their customary use and have caused its defectiveness.
57. If an acceptance of the goods or an initial sample inspection has been agreed, the notification of defects which the partner could have detected in the event of careful acceptance or initial sample inspection shall be excluded.
58. We must be given the opportunity to establish the defect complained of. Goods which are the subject of a complaint must be returned to us immediately on request; we shall bear the transport costs if the complaint is justified. If the partner does not comply with these obligations or makes changes to the goods already complained about without our consent, he shall lose any claims for material defects.
59. In the event of a justified complaint made within the time limit, we shall, at our discretion, repair the goods complained of or supply a faultless replacement.
60. If we do not fulfil these obligations or do not fulfil them in accordance with the contract within a reasonable period of time, the partner may set us a final deadline in writing within which we must fulfil our obligations. After the unsuccessful expiry of this period, the partner may demand a reduction in the price, withdraw from the contract or carry out the necessary rectification itself or have it carried out by a third party at our expense and risk. Reimbursement of costs shall be excluded insofar as the expenses increase because the goods have been taken to another location after our delivery, unless this corresponds to the intended use of the goods.
61. Statutory rights of recourse of the partner against us shall only exist insofar as the partner has not made any agreements with its customer which go beyond the statutory claims for defects. Furthermore, the last sentence of Clause 50 shall apply mutatis mutandis to the scope of the claims under a right of recourse.
62. Returns always require prior agreement with our service department and allocation of an RMA number. Goods free of defects will only be taken back with our express consent. The credit note will then be issued after deduction of a 20% restocking fee, but at least EURO 3.50 per item. Debit notes will not be recognised as a matter of principle.
Other claims, liability
63. Unless otherwise stated below, other and further claims of the partner against us are excluded. This shall apply in particular to claims for damages for breach of obligations arising from the contractual obligation and from unlawful acts. We shall therefore not be liable for damage which has not occurred to the delivered goods themselves. In particular, we shall not be liable for loss of profit or other financial losses of the partner.
64. The above limitations of liability shall not apply in the event of intent, gross negligence on the part of our legal representatives or senior employees or culpable breach of material contractual obligations. In the event of culpable breach of material contractual obligations, we shall be liable - except in cases of intent or gross negligence on the part of our legal representatives or executives - only for reasonably foreseeable damage typical of the contract.
65. Furthermore, the limitation of liability shall not apply in cases in which liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects in the event of defects in the delivered goods. It shall also not apply in the case of injury to life, body or health and in the case of the absence of warranted characteristics if and to the extent that the purpose of the warranty was precisely to protect the partner against damage which did not occur to the delivered goods themselves.
66. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, legal representatives and vicarious agents.
67. The statutory regulations on the burden of proof shall remain unaffected.
Force majeure
68. Force majeure, industrial disputes, riots, official measures, failure of our suppliers to deliver and other unforeseeable, unavoidable and serious events shall release the contractual partners from their performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the affected contractual partner is in default, unless it has caused the default intentionally or through gross negligence. The contractual partners are obliged to provide the necessary information without delay within the bounds of what is reasonable and to adapt their obligations to the changed circumstances in good faith.
Place of performance, place of jurisdiction and applicable law
69. Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.
70. Our place of business shall be the place of jurisdiction for all legal disputes, also in the context of bill of exchange and cheque proceedings. We are also entitled to take legal action at the registered office of the partner.
71. The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship.
72. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG - "Vienna Sales Convention") is excluded.
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.