General Terms and Conditions of Business
of Mr Oliver Melhaff, trading as artab, Philippstr. 33, 50823 Cologne, hereinafter referred to as the Seller.
§ 1 General, definitions
(1) The Seller offers stainless steel sorting systems in particular via the online shop on the website www.artab.de. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the Seller's website does not constitute an offer in the legal sense, but merely an invitation to the Customer to make an offer in the legal sense. The ordered goods may look slightly different from the goods presented on the Internet due to the technical presentation possibilities. In this respect, colour deviations may occur.
(2) The order by the customer can be placed via the seller's website, by e-mail, fax or in writing. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered product(s).
(3) The seller will confirm receipt of the customer's order immediately by fax or e-mail.
a) In the case of payment in advance/bank transfer or cash on delivery, the purchase contract is not already concluded with this order confirmation, but only with the sending of a separate e-mail with an order confirmation or the delivery of the goods. In the case of payment in advance/bank transfer or cash on delivery, the Seller is entitled to accept the contractual offer contained in the order within
2 working days. Acceptance shall be deemed to have taken place if the Seller delivers the ordered goods within this period.
b) In the case of payment by PayPal, the contract is already concluded with the payment instruction by the customer. The condition for an effective conclusion of the contract is always that the ordering process is completed with the sending of the order.
(4) The conclusion of the contract is subject to the reservation that in the event of incorrect self-delivery, we will not perform. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration shall be refunded without delay. In the event that the goods are not available, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be stored by the seller and sent to the customer by e-mail after conclusion of the contract, together with the legally effective General Terms and Conditions.
§ 3 Retention of title
(1) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) If the customer acts in breach of contract, in particular in the event of default in payment, if the customer provides false information about his creditworthiness or if an application is made for the opening of insolvency proceedings, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the seller all claims in the amount of the invoice amount which accrue to him from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realisable value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the statutory value added tax. The additional shipping costs incurred during shipment are included in the overview "Shipping and Payment". Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receipt of the order confirmation by e-mail or the invoice. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt at a rate of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 9 percentage points above the base interest rate. In the event of default on a claim for payment, the entrepreneur shall also owe a lump-sum payment of 40 euros. This shall also apply if the Entrepreneur is in default with an instalment payment or any other instalment payment. The seller reserves the right to claim higher damages for default from the entrepreneur. The lump sum according to sentence 5 shall be offset against a claim for damages owed, insofar as the damage is justified in costs of legal action.
(3) The customer shall only have a right of set-off if his counterclaims have been legally established, recognised or not disputed by the seller. The right of the customer to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Payment options
(1) Customers can pay the purchase price by prepayment/bank transfer, PayPal or cash on delivery.
§ 6 Shipping
(1) The Seller shall deliver exclusively to the countries specified in the overview "Shipping and Payment".
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) In the case of payment by prepayment/bank transfer or PayPal, the delivery period begins one day after the payment instruction has been made. For all other payment methods, the period begins one day after the order is placed.
(5) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of the deadline shall be postponed to the following working day.
(6) With regard to the reservation of proper self-delivery, the seller refers to § 2 para. 4 of these GTC.
(7) The Seller is entitled to make a partial delivery, insofar as a partial delivery is reasonable for the Customer, taking into account the Seller's interests. This shall not affect the content of the contract, in particular the performance owed by the Seller or the agreed performance time. The customer shall not incur any additional costs as a result of the partial delivery.
§ 7 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale by delivery to a place other than the place of performance.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) The handover shall be deemed to have taken place if the customer is in default of acceptance.
§ 8 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these GTC.
(2) Ordered goods may differ slightly in colour from the goods depicted on the Internet. Reference is made to § 2 para. 1 of these GTC.
(3) Consumers have the choice whether to demand subsequent performance by repair or replacement. The seller is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the consumer. In the case of businesses, the Seller shall initially provide a warranty for defects in the goods by repair or replacement delivery at its discretion.
(4) If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the purchase price or rescission of the contract; in addition, the customer may demand damages in lieu of performance. In the case of only insignificant defects, the customer - taking into account the interests of both parties - shall not be entitled to withdraw from the contract. Instead of damages in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code (BGB) which he incurred and could reasonably be expected to incur in reliance on the receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability pursuant to § 9 (1) of these GTC shall apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch or notification shall be sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply.
(6) If the customer is an entrepreneur, only the seller's product description shall be deemed agreed as the quality of the goods. Public statements, promotion or advertising by the manufacturer do not constitute a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period shall not apply if the Seller can be accused of gross negligence, nor in the event of bodily injury or damage to
health attributable to the Seller and in the event of loss of life of the customer, in the event of a guarantee and in the event of delivery recourse pursuant to § 478 BGB. The Seller's liability under the Product Liability Act shall remain unaffected.
(8) Notwithstanding paragraph 7, the regular limitation period shall apply if the Seller has fraudulently concealed a defect.
(9) The Seller does not give any guarantees to the Customer in the legal sense, unless expressly agreed otherwise. Manufacturer's guarantees remain unaffected by this.
§ 9 Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contract-typical average damage according to the type of goods. This shall also apply in the case of slightly negligent breaches of duty by the Seller's legal representatives or vicarious agents. The Seller shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. However, it shall be liable for the breach of material contractual legal positions of the customer. Material contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. The Seller shall also be liable for the breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may rely.
(2) The above limitations of liability do not affect claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in the event of fraudulent intent, breach of material contractual obligations or in the event of bodily injury or damage to health attributable to the seller or in the event of loss of life of the customer.
(3) The Seller is only liable for its own content on the website of its online shop. Insofar as links provide access to other websites, the Seller is not responsible for the third-party content contained therein. He does not adopt the third-party content as his own. If the Seller becomes aware of illegal content on external websites, he will immediately block access to these sites.
§ 10 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in
which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § Section 21 (1), (6) sentence 4 TDSG remains unaffected.
(2) We are obliged to inform you that with regard to the so-called online dispute resolution, a corresponding online platform is provided by the European Commission. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address. This is: _______________
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.