General Terms and Conditions


Stand 17.12.2012

A. General Terms and Conditions of Business for Consumers

Pursuant to Section 13 BGB [German Civil Code], a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his/her trade, business or profession.

 

Use of this online shop is subject to the following General Terms and Conditions of Business (the “Terms and Conditions”):

  1. General
    These Terms and Conditions govern use of the www.iserlohner-haken.de online shop. They apply to use of the website. They also apply to the payment for purchased goods and the conclusion and handling of purchase contracts.
  2. Authorized users
    Only persons who are fully legally capable, i.e. who are at least 18 years of age, as well as legal entities are authorized to purchase on www.iserlohner-haken.de.
  3. Registration
    1. No registration is necessary in order to use the www.iserlohner-haken.de online shop as a buyer; you can make a purchase at any time as a guest.
    2. The compulsory particulars that are requested for registration, such as full name, postal address, business name (if any), telephone number and email address, must be provided fully and correctly. Contact details must be kept constantly up to date. Should any delay occur in the execution of a purchase contract as a result of the contact details not having been kept up to date, no blame or fault may be imputed to the Iserlohner Haken.de online shop (seller).
    3. If false particulars are entered during registration, www.iserlohner-haken.de reserves the right not to accept the registration and to exclude the person concerned from use of the online shop.
  4. Warranty
    1. The seller (Iserlohner-Haken.de) does not warrant that the online shop is available at all times.
    2. The seller (Iserlohner-Haken.de) reserves the right to close the online shop and take it off the Internet without any prior notice and without giving reasons.
  5. Depiction of the products/Copyright
    All depictions of the products, in particular photographs, are protected by copyright or other proprietary rights from unauthorized use. They may not be copied or otherwise used and, in particular, they may not be published.
  6. Conclusion of purchase contract
    1. A purchase contract is concluded between the buyer and seller (Iserlohner-Haken.de) only.
    2. In no case may products and prices shown in the www.iserlohner-haken.de online shop be seen as constituting a binding offer; rather, they are merely an invitation to the user/buyer to submit an offer to buy.
    3. By placing an order, the buyer submits a binding offer to conclude a purchase contract for the ordered goods. By confirming these Terms and Conditions, the Buyer accepts them.
    4. Before sending off an order, the buyer is given an opportunity to check all the details stated in the order form once more and to change or correct them.
    5. The seller (Iserlohner-Haken.de) will issue an acknowledgment to the buyer, stating that the offer has been received. The acknowledgment of receipt counts at the same time as acceptance of the offer, causing a purchase contract to come into existence.
  7. Storage of the contract text
    The order with the order details entered by the buyer and the Terms and Conditions forming part of the contract are stored. The acknowledgment of receipt issued by the seller (Iserlohner-Haken.de) immediately after the order has been submitted repeats all the order details which will be contained in the future contract and can be printed out. The Terms and Conditions can be printed out during the ordering process or immediately thereafter by clicking on the link provided on the website. The invoice, through which the contract comes into existence, is sent by email and can likewise be stored and printed out.
  8. Payment, payment methods, refunds
    1. The methods that are accepted by the seller (Iserlohner-Haken.de) for making payment for the goods are listed on the website. The buyer must indicate the desired method of payment when entering the order. On receipt of the invoice by the buyer, payment is collected immediately using the chosen method.
    2. Refunds of any kind which relate to a specific purchase process are made by the seller (Iserlohner-Haken.de) using the same method by which the purchase price was originally paid.
  9. Shipment, shipping costs
    The online shop offers various shipping/delivery services with whom the seller (Iserlohner-Haken.de) cooperates. The buyer selects the preferred shipping/delivery service; the goods are then shipped at the buyer’s expense to the delivery address indicated by the buyer. The shipping costs are clearly stated together with the product price on the offer page of the www.iserlohner-haken.de online shop and are also additionally stated in the shopping cart system.
  10. Right of revocation/Costs for returning goods
    We will make us of the possibility to charge you for the costs of returning goods as follows:

    1. The regular costs for returning goods under the statutory right of revocation must be borne by you if the delivered goods are as ordered and if the price of the item being returned is not more than €40.00 or if, in the case of the item having a higher price, you had, at the time of issuing the revocation notice, not yet made counter-performance or paid any price instalment as may have been agreed.
    Right of revocation
    SYou can revoke your contractual declaration in writing (e.g. by letter, fax, email), without giving reasons, within a period of 14 days or, if you receive the ordered goods before the aforesaid period of time has expired, also by returning the goods. The period will begin on receipt of this information in written form, though not before receipt of the goods by the addressee (or in the case of recurring deliveries of goods of the same kind, not before receipt of the first part-delivery) and also not before the fulfilment of our duties to inform pursuant to Article 246 Section 2 in conjunction with Section 1 Subsections 1 and 2 EGBGB [Introductory Act to the German Civil Code]. The revocation notice must be sent to:

    Hermann Schwerter
    Langer Brauck 11
    D - 58640 Iserlohn

    Telephone: +49 2371 975-0
    Fax: +49 2371 975-100
    Email: info@iserlohner-haken.de
    Internet: www.iserlohner-haken.de

    Effects of revocation
    IIn the event of effective revocation, each party must return the performance received by it from the other, together with any benefit derived from the performance (e.g. interest). If you are not able to return the performance received by you from us together with the benefit derived from the performance (e.g. benefits of use) or are able to do so only partially or in deteriorated condition, you have a duty to compensate us for the loss of value. In the case of deterioration in the condition of the item, you need only compensate us for the loss of value if the deterioration is due to the item having been handled in a way that goes beyond the mere inspection and testing of the properties and the mode of function. By "inspection and testing of the properties and the mode of function" is meant the testing and trying on or out of the item concerned in the same manner as would be possible and customary in a physical shop or store, for example.
    Items which are capable of being sent be parcel post must be returned to us at our risk. The regular costs for returning the goods must be borne by you if the delivered goods are as ordered and if the price of the item being returned is not more than €40.00 or if, in the case of the item having a higher price, you had, at the time of issuing the revocation notice, not yet made counter-performance or paid any price instalment as may have been agreed. Otherwise, return of the goods is free of charge for you. Goods which are not capable of being sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period will begin for you on sending off the revocation notice or the item concerned, for us on receipt of the revocation notice or the item.

    End of the information on the right of revocation

    Exclusion of the right of revocation
    Pursuant to Section 312 d Subsection 4 No. 1 BGB [German Civil Code], no right of revocation exists in the case of distance contracts for the delivery of goods which have been made to the customer’s specifications or are clearly tailored to the customer’s personal needs or which, by reason of their nature, are not fitted for return delivery or may spoil quickly or whose expiration or use-by date would be exceeded.
  11. Liability
    Links to other websites which are offered on the www.iserlohner-haken.de website are carefully selected. Nevertheless, responsibility for the content of such other websites lies exclusively with the operators of them. The content of such other websites is beyond the control of www.iserlohner-haken.de; the seller (Iserlohner-Haken.de) can therefore not be held in any way responsible for the content of websites to which links are provided.
  12. Complaints management
    1. Warranty claims arising under purchase contracts are subject to the statutory regulations.
    2. We attach great importance to the satisfaction of our customers and will take every complaint seriously. You can contact us at any time through the channels indicated on the www.iserlohner-haken.de website. We will make every effort to handle your matter as quickly as possible and will contact you accordingly after receipt of the documents or submission of your complaint. In the case of complaints, you will help us by detailing the problem as precisely as possible. If you have not received any response from us within 5 working days, please inquire about the status of your complaint. It very occasionally happens that emails get “caught” by spam filters either in our system or your own or that a message has failed to reached you for some other reason, or that it has not been sent out by mistake.
  13. Final provisions
    1. All business between us shall be governed by German law; application of the UN Convention on Contracts for the International Sale of Goods is barred
    2. Should any of the provisions of these Terms and Conditions be or become invalid, this shall not affect on any of the other provisions, which shall remain in full force and effect.

 

B. General Terms and Conditions of Business for Entrepreneurs

Pursuant to Section 14 BGB [German Civil Code], an entrepreneur is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, is acting in exercise of his or its trade, business or profession.
A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.

 

  1. Scope of application
    These Terms and Conditions of Sale apply towards entrepreneurs, legal entities organized under public law and separate asset funds held under public law.
    Our goods and services are supplied on the bases of the terms and conditions set forth below only. Terms and conditions of the other contract party which are not expressly recognized by us shall have no validity.
  2. General provisions
    1. The contract parties shall confirm in writing, without delay and in detail, anything that has been agreed by word of mouth between them.
    2. Orders shall become binding on us only on issue of our order confirmation or delivery by us.
    3. Information and depictions contained in brochures and catalogues shall, unless expressly declared by us as firm and binding, be deemed approximate only within the limits customary in the trade.
  3. Long-term and call-off contracts, price adjustments
    1. Contracts of indefinite duration can be terminated with 3 months’ notice.
    2. If in the case of long-term contracts (contracts with a term of more than 6 months and contracts of indefinite duration) any material changes occur in the wage, material or energy costs, either contract party shall have the right to demand negotiations on a reasonable adjustment of the price, taking account of the said factors.
    3. If no firm order quantity is agreed, we will base our calculation on the non-binding order quantity anticipated by the other contract party for a certain period (target quantity). If the other contract party takes less than the target quantity, we shall have the right to make a reasonable increase to the unit price. If the other contract party takes more than the target quantity, we will make a reasonable reduction to the unit price provided the other contract party has informed us of the additional quantity required at least 2 months prior to delivery.
    4. Unless agreed otherwise, we must, in the case of call-off contracts, be informed of the binding quantity of goods called at least 2 months prior to the delivery date. Additional costs arising as a result of a call being made late or changes relating to the time or quantity of a call being made by the other contract party shall be borne by the latter, whereby our cost calculation shall be authoritative.
  4. Confidentiality
    1. JEach contract party shall use all documents (which shall also include patterns, samples, models and data) and knowledge received by it in connection with the business relationship for the jointly pursued purposes only and, if the other contract party has designated them as confidential or has an evident interest in their being kept secret, shall keep them secret from third parties just as it would its own documents and knowledge. This obligation shall begin on initial receipt of the documents or knowledge and end 36 months after the end of the business connection.
    2. This obligation shall not apply to documents and knowledge which are in the public domain or which were already known to the other contract party on receipt of them without the latter having been bound by any obligation of secrecy or which are subsequently communicated by a third party with authorization to disclose them or which are developed by the receiving party without the utilization of documents or knowledge of the other contract party which are subject to an obligation of secrecy.
  5. Drawings and descriptions
    If either of the contract parties provides the other with drawings or technical documents relating to the goods to be supplied or to the production of the said goods, they shall remain the property of the providing party.
  6. Samples and production equipment
    1. The production costs for samples and production equipment (tools, moulds, templates etc.) will, unless agreed otherwise, be invoiced separately from the goods to be supplied. The same shall also apply to items of production equipment which have to be replaced due to wear.
    2. The costs for maintenance and proper storage of the production equipment as well as the risk of damage to or destruction of it will be borne by us.
    3. Should the other contract party suspend or terminate the cooperation between us while the production of samples or the production equipment is in progress, all the production costs incurred up to that time will be charged to it.
    4. Production equipment shall, even if the other contract party has paid for it, remain in our possession at least until completion of the delivery contract. The other contract party shall thereafter have the right to demand surrender of the production equipment if a consensual arrangement has been reached on the time of surrender and the other contract party has fulfilled its contractual obligations in full.
    5. We will preserve the production equipment free of charge for a period of three years from the last delivery to the other contract party. We shall thereafter request the other contract party in writing to notify us within 6 weeks regarding its further use. Our duty to preserve the production equipment shall end if we receive no notification and no further order within the aforesaid period of 6 weeks.
    6. Customer-related production equipment may be used by us for deliveries to third parties only with the prior written consent of the other contract party.
  7. Prices
    1. UOur prices are quoted in euros, exclusive of value added tax, packing, freight, carriage and insurance.
    2. Our prices relate to the same quantity unit as that of the packing unit, i.e. 1 pc., 1 metre, 1 kg, 1 pair, 1 carton or 1 self-service pack. Exceptions (per 100 pcs. = %) are indicated in the price list by %.
  8. Terms of payment
    1. All invoices are due and payable within 30 days from the date of invoice.
    2. Even where we have delivered goods of which some are undisputedly defective, the other contract party shall nevertheless have a duty to effect payment for those which are in perfect condition except where the part-delivery is of no interest to it. The other contract party may only make offset for counterclaims of its own which have been finally and absolutely established at law or are undisputed.
    3. In the event of a period allowed for payment being exceeded, we shall have the right to charge interest on arrears at the rate charged to us by the bank for overdraft borrowing or at least at a rate of 8 percentage points above the base interest of the European Central Bank in force at the time.
    4. In the case of any delay in payment, we may, after duly informing the other contract party accordingly in writing, suspend the fulfilment of our obligations until the receipt of payment.
    5. Bills and cheques will only be accepted by prior agreement and only as conditional payment and only on condition that they are eligible for discount. Discount charges will be levied from the day on which the invoice amount falls due. All liability on our part for the timely presentation of bills and cheques or for the protesting of bills is barred.
    6. Should it become apparent after the conclusion of a contract that our claim to payment is at risk due to lack of solvency on the part of the other contract party, we may refuse to provide performance and may set the other contract party a reasonable deadline by which it must make payment in direct return for delivery or must furnish security. If the other contract party refuses to do so or allows the deadline to pass without making payment or furnishing security, we shall have the right to repudiate the contract and to claim compensation.
    7. Should the other contract party effect payment through a central settlement company, the invoice shall only be deemed paid with debt-discharging effect when the payment is credited to our account.
    8. The modes of payment available in the Webshop are specified by the seller on the Webshop site; when entering an order, the buyer selects the preferred method of payment.
  9. Conclusion of purchase contract
    1. A purchase contract will come into existence between the buyer and the seller (Iserlohner-Haken.de) only.
    2. Products and prices shown in the www.iserlohner-haken.de online shop do not constitute firm offers but merely an invitation to the user/buyer to submit an offer.
    3. By placing an order, the buyer submits a firm offer to conclude a purchase contract for the ordered goods. By confirming the terms and conditions, the buyer declares his acceptance of them.
    4. Before sending off the order, the buyer is given the opportunity to check all the information stated in the order form once more and to make changes and corrections to them.
    5. The seller (Iserlohner-Haken.de) will send an acknowledgment of receipt, stating that the offer has been received. The acknowledgment of receipt counts at the same time as acceptance of the order and causes a purchase contract to come into existence.
  10. Storage of the contract text
    The order with the order details entered by the buyer and the Terms and Conditions forming part of the contract are stored. The acknowledgment of receipt issued by the seller (Iserlohner-Haken.de) immediately after the order has been submitted repeats all the order details contained in the future contract and can be printed out. The Terms and Conditions can be printed out during the ordering process or immediately thereafter by clicking on the link provided on the website. The invoice, which is created together with the contract, is sent by email and can likewise be stored and printed out.
  11. Delivery
    1. Unless agreed otherwise, delivery is affected “ex works”. Authoritative for compliance with a delivery date or delivery period is the issue of our advice of readiness for dispatch or collection.
    2. The delivery period shall begin on issue of our order confirmation and shall be reasonably extended if the conditions of No. 58 apply.
    3. Part-deliveries are permitted in reasonable scope. They will be invoiced separately. Residual quantities which have not been cancelled will be delivered with the next order.
    4. Production-related excess or short deliveries are permitted provided they do not exceed 10% of the total order quantity. The total price will be adjusted accordingly.
  12. Shipment and transfer of risk
    1. Goods which have been notified as ready for dispatch must be taken over by the other partner without delay. Otherwise, we have the right, at our option, to either ship the goods or place them in storage for the cost and risk of the other contract party.
    2. In the absence of any specific agreement, the means and route of transport will be chosen by us.
    3. On handover the goods to the railways, the freight forwarder or the carrier or on the start of storage of the goods, and never later than when the goods leave the works or warehouse, the risk shall pass to the other contract party, even where we have agreed to effect delivery.
  13. Delay in delivery
    1. If we are able to foresee that it will not be possible to deliver the goods within the agreed delivery period, we will notify the other contract party accordingly without delay in writing, inform it of the reasons for the delay and, if possible, stating the expected time of delivery.
    2. If delivery is delayed by any of the circumstances set forth in No. 58 or by any act or omission of the other contract party, the delivery date or period shall be extended for as long as is reasonable in the circumstances.
    3. The other contract party is only entitled to repudiate the contract if we are responsible for the failure to meet the delivery date and it has allowed us a reasonable additional period of time for delivery which we have failed to meet.
  14. Reservation of title
    1. We reserve title to the delivered goods until all our claims arising from the business relationship with the other contract party have been fulfilled.
    2. The other contract party has the right to resell the goods in the ordinary course of business for as long as it punctually fulfils its obligations towards us arising from the business relationship. It may, however, neither pledge the goods which are subject to our reservation of title (the “reserved goods”) nor assign them as security. It has a duty to secure our rights in the case of resale of the reserved goods on credit.
    3. . In the event of any breach of duty by the other contract party, and in particular in the case of any delay in payment, we shall, after granting the other contract party an additional period of time and the latter having allowed it to elapse without effecting performance, have the right to repudiate the contract and to repossess the goods; this shall be without prejudice to the statutory regulations relating to the dispensability of setting a deadline. The other contract party has a duty to surrender the goods. We shall have the right to repudiate the contract if a petition is made for the opening of insolvency proceedings against the other contract party.
    4. The other contract party hereby already assigns to us as security all claims and rights resulting from the sale or, if permitted to the other contract party, the hiring-out of goods to which we have rights of title. We hereby accept the assignment.
    5. Any treatment or processing of the reserved goods by the other contract party shall in all cases be deemed done on our behalf.
      If the reserved goods are processed or inseparably mixed with other goods not belong to us, we shall have co-title to the new item so created in the same proportion as that between the invoice value of the reserved goods and that of the other goods processed or mixed with them at the time of processing or mixing.
      If our goods are combined or inseparably mixed with other moveable goods to create a single new item and the other item must be seen as the principal item, the other contract party shall assign a proportionate share of title to us if the principal item belongs to the latter. The other contract party shall preserve the title or co-title on our behalf. In all other respects, the same shall apply to the item created by processing or combination or mixing as applies to the reserved goods.
    6. The other contract party must inform us immediately of any enforcement measures of third parties involving seizure of the reserved goods, the claims assigned to us or any other security, at the same time providing us with all documents necessary for intervention. The same shall also apply to impairments of any other kind.
    7. If the value of the security existing in our favour exceeds the secured claims by more than 20%, we shall have a duty, on the other contract party’s request, to release security of our choice in a corresponding amount.
  15. Defects of quality
    1. The other contract party has a duty to inform us in writing of any obvious defects immediately after arrival of the goods at the place of destination and of hidden defects immediately after their discovery, though not later than 6 months after receipt of the goods.
    2. The nature and quality of the goods shall be governed exclusively by the agreed technical delivery specifications. Where we are required to supply on the basis of drawings, specifications, samples and such like of the other contract party, the latter shall bear the risk of fitness of the goods for the intended purpose. Authoritative for the contractually agreed condition of the goods shall be the time of transfer of risk pursuant to No. 32.
    3. Our deliveries are in compliance with the valid statutory regulations of the European Union and the Federal Republic of Germany in force at the time, e.g. the REACH Regulation (Regulation (EC) No. 1907/2006), the “Gesetz über die Rücknahme und umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten” [Return and Environmentally Safe Disposal of Electrical and Electronic Goods Act] (abbreviated “ElektroG”) as the national law implementing Directive 2002/95/EC (RoHS) and Directive 2002/96/EC (WEEE), and the “Altfahrzeuggesetz” [Old Vehicles Act] as the national law implementing EU Directive 2000/52/EC.
      We will inform the other contract party without delay of any relevant changes - in particular those resulting from the REACH Regulation - to the goods, their deliverability, their possible uses or their quality and discuss and agree any appropriate measures with the other contract party on a case by case basis.
    4. We may not be held responsible or liable for defects of quality resulting from inappropriate or improper use, faulty assembly or installation or faulty commissioning or taking into operation by the other contract party or third parties, customary wear or faulty or negligent treatment or for the consequences of alterations or repairs undertaken by the other contract party or third parties in an unprofessional manner and without our consent. The same also applies to defects which only insignificantly diminish the value or fitness for purpose of the goods.
    5. Claims for defects of quality shall become statute-barred after a period of 12 months. This shall not apply in cases where a longer period is specified by law, in particular in the case of defects in or to a building or goods which, in keeping with their customary mode of use, have been used in or for a building and have caused the defectiveness of the building.
    6. Where an acceptance or initial sample inspection and testing procedure has been agreed, complaints for defects which the other contract party could have identified had the acceptance or initial sample inspection and testing procedure been conducted with due care are barred.
    7. We must be given the opportunity to establish the presence of the defect complained of. Goods which are the subject of a complaint must be returned to us on our request without delay; we will assume the transport costs provided the complaint is justified. If the other contract party fails to comply with these obligations or makes changes or alterations without our consent to goods which are already the subject of a complaint, it will lose all claims on grounds of defects of quality.
    8. In the case of complaints which are justified and made in a timely manner, we will, at our choice, either repair the goods in question or supply replacements which are in perfect condition
    9. Should we not fulfil these obligations or not do so in the contractually agreed manner within a reasonable period of time, the other contract party may set us a final deadline in writing within which we must fulfil our obligations. If we allow the deadline to expire without having fulfilled our obligations, the other contract party may demand a reduction in the price, repudiate the contract or perform the necessary repair itself or have it performed by a third party, in each case for our expense and risk.
      Refund of costs is barred if the expenses involved are increased through the goods having been taken to another place following delivery by us, except in cases where this is in keeping with the use of the goods for their intended purpose.
    10. The other contract party shall only have a statutory right of recourse to us for claims if and insofar it has made no agreements with its own customer which go beyond the statutory claims for defects. The scope of the rights of recourse shall be additionally governed by No. 50, last sentence.
    11. Returns must always be agreed in advance with our Service Department and be allocated an RMA number. Defect-free goods will be taken back only with our express consent. The value will be refunded after the deduction of a return charge of 20% or a sum of at least EURO 3.50 per item.
      Debit notes will not be recognized.
  16. Other claims, liability
    1. Except as indicated otherwise below, all other or further claims of the other contract party against us are barred. This applies in particular to claims for damages for breach of obligations arising from the contractual agreement and for tort. We may therefore not be held liable for any loss or damage other than to the goods themselves. We may, in particular, not be held liable for loss of profit or other pecuniary loss of the other contract party.
    2. The foregoing limitations of liability shall not apply in case of loss or damage caused by wilful intent or by gross negligence on the part of our official representatives or executive personnel or by culpable breach of any of our material contractual duties. In the case of culpable breach of material contractual duties, we may - except in cases of wilful intent or gross negligence on the part of our official representatives or executive personnel - only be held liable for the loss or damage which is reasonably foreseeable and typical for a contract of the kind in question.
    3. Nor shall the limitation of liability apply in cases where we have liability under the Product Liability Act for personal injury or property damage to privately used items as a result of defects in the delivered goods. Nor shall it apply in the case of injury or damage to life, limb or health or in the case of lack of warranted properties if and insofar as the warranty had precisely the purpose of protecting the other contract party against loss or damage other than to the actual goods themselves.
    4. Insofar as our liability is excluded or limited, the same shall also apply to the personal liability of our employees, co-workers, official representatives and vicarious agents.
    5. Nothing in the foregoing shall have any effect on the statutory regulations relating to the burden of proof.
  17. Force majeure
    Force majeure, labour disputes, civil unrest, official measures and non-delivery by our suppliers as well as other unforeseeable, unavoidable and serious events shall release the parties to the contract from their duties to perform for the duration of and in the scope of the effects of the impediment. This shall apply even if at the time of occurrence or commencement of the event in question the contract party concerned is already in arrears, except where the arrears have been caused by the latter through wilful intent or gross negligence. The contract parties have a duty, to the extent possible and reasonable, to furnish the necessary information without delay and to adjust their obligations to the change in circumstances, thereby acting in good faith.
  18. Place of performance, legal venue and applicable law
    1. Unless indicated otherwise in the order confirmation, our place of business is the place of performance.
    2. The legal venue for all legal disputes, including also in connection with bills and cheques, shall be the courts of law having jurisdiction for our place of business. We shall also have the right to sue the other contract party at his own place of business.
    3. The contractual relationship between the parties shall be governed exclusively by the law of the Federal Republic of Germany.
    4. Application of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG) is barred.