Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and Product Descriptions
3. Order Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery and Product Availability
6. Payment Methods
7. Retention of Title
8. Customer Account
9. Warranty for Material Defects and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final Provisions

1. Scope of Application
1.1. The business relationship between Franz Güde , Katternberger Straße 175, 42655 Solingen,solingen(hereinafter “Seller”) and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor related to their independent professional activity. A “business operator” is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when entering into a legal transaction.

1.3. Any terms and conditions of the customer that differ from these shall not be recognized unless the seller expressly agrees to their validity.

2. Offers and Product Descriptions
2.1 The presentation of products in the online store does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogs and on the Seller’s websites do not constitute a representation or warranty.

2.2 All offers are valid “while supplies last,” unless otherwise noted for specific products. Errors excepted.

Note: Please enter the appropriate button labels below.
3. Order Process and Conclusion of Contract
3.1. The customer may select products from the seller’s product range without obligation and add them to a “shopping cart” by clicking the “Add to Cart” button. Within the shopping cart, the product selection can be modified, e.g., items can be deleted. The customer can then proceed to complete the ordering process by clicking the “Proceed to Checkout” button within the shopping cart.

3.2. By clicking the “Place Order” button, the customer submits a binding request to purchase the items in the shopping cart. Before submitting the order, the customer may view and modify the information at any time, use the browser’s “Back” button to return to the shopping cart, or cancel the entire ordering process. Required fields are marked with an asterisk (*).

3.3. The Seller will then send the Customer an automatic confirmation of receipt via email, which lists the Customer’s order and which the Customer can print using the “Print” function (Order Confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer’s order and does not constitute acceptance of the offer. The purchase contract is not concluded until the Seller ships the ordered product to the Customer within 4 days, delivers it to the Customer, or confirms shipment to the Customer within 2 days via a second email, an express order confirmation, or by sending the invoice. Acceptance may also occur through a payment request sent by the seller to the customer and, at the latest, upon completion of the payment process. In the event of multiple acceptance procedures, the earliest time of acceptance shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by their offer.

3.4 For customers that are businesses, the aforementioned period for shipping, delivery, or order confirmation is seven days instead of two.

3.5. If the Seller offers the option of prepayment, the contract is concluded upon the provision of bank details and the payment request. If, despite being due and following a reminder, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, the seller shall withdraw from the contract, with the result that the order is void and the seller is under no obligation to deliver. The order is then settled for both the buyer and the seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days when paying in advance.

4. Prices and Shipping Costs
4.1. All prices listed on the Seller’s website include the applicable statutory sales tax.

4.2. In addition to the listed prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Availability of Goods
5.1. If payment in advance has been agreed, delivery will be made upon receipt of the invoice amount.

5.2. If delivery of the goods fails due to the buyer’s fault despite three attempts to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is unavailable because the seller has not received it from its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will notify the customer immediately and, if applicable, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will promptly refund any payments already made by the customer.

5.4. Customers are informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are businesses, the risk of accidental loss or accidental deterioration of the goods passes to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise agreed or promised.

5.6 The Seller shall not be liable to Customers who are business entities for delays in delivery or performance resulting from force majeure or unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In such cases, the Seller is entitled to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are business entities even in cases of unforeseeable events that affect the operations of a supplier and for which neither the supplier nor the Seller is responsible. During the duration of this hindrance, the customer is likewise released from their contractual obligations, in particular the obligation to pay. If the delay cannot reasonably be expected of the customer, the customer may withdraw from the contract by written declaration after setting a reasonable deadline or following mutual consultation with the seller.

6. Payment Methods
6.1. During the ordering process and prior to its completion, the customer may choose from the available payment methods. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is available, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers, such as PayPal, are engaged to process payments, their terms and conditions apply.

6.4. If the due date for payment is determined by the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The Customer’s obligation to pay late payment interest does not preclude the Seller from claiming further damages resulting from the delay.

6.6. The customer is entitled to set off claims only if the customer’s counterclaims have been legally established or acknowledged by the seller. The customer may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
For customers who are business entities, the following applies in addition: The seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obligated to treat the purchased goods with care as long as ownership has not yet been transferred to them. In particular, the buyer is obligated, to the extent reasonable or customary in the industry, to insure the goods at their own expense against theft, fire, and water damage at replacement value. If maintenance and inspection work must be performed, the buyer must carry this out in a timely manner at their own expense. Any processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him that arise against a third party through the combination of the goods subject to retention of title with real property. The customer must immediately notify the seller of any third-party claims against the goods owned or co-owned by the seller. The customer shall bear any costs arising from such claims for a third-party opposition action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, by way of security, in full, all claims arising from the resale or any other legal basis with respect to the goods subject to retention of title (including all balance claims from current accounts). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for the Seller’s account and in the Customer’s own name. This authorization to collect may be revoked if the Customer fails to properly fulfill its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request if their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of realization). The selection of the securities to be released is at the Seller’s discretion. Upon full payment of all the Seller’s claims arising from delivery transactions, ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer. The selection of the securities to be released is at the Seller’s discretion.

8. Customer Account

8.1 The Seller provides the Customer with a customer account. Within the customer account, the Customer is provided with information about their orders and their customer data stored by the Seller. The information stored in the customer account is not public.

8.2. Customers can also place an order as a guest without having to create an account.

8.3. Customers are required to provide accurate information in their customer account and to update such information to reflect any changes in their actual circumstances, as necessary (e.g., a new email address if they change providers, or a new mailing address before placing an order). Customers are responsible for any adverse consequences resulting from inaccurate information.

8.4. The customer account may only be used in accordance with applicable laws, in particular the provisions regarding the protection of third-party rights, and in accordance with the Seller’s Terms and Conditions, using the access interfaces and other technical access methods provided by the Seller. Any other use, in particular through external software such as bots or crawlers, is prohibited.

8.5. To the extent that customers store, provide, or otherwise post content or information (hereinafter referred to as “Content”) within their customer account, customers are responsible for such information. The Seller does not adopt the Customers’ Content as its own. However, the Seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the Content, particularly the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, due diligence, objectivity, reasonableness, and the interests of all parties involved—in particular the fundamental rights of customers—may include the (partial) deletion of content, requests for action or clarification, warnings, and cease-and-desist notices, as well as bans from the platform.

8.6. Customers may terminate their customer account at any time. The seller may terminate the customer account at any time with reasonable notice, which is generally two weeks. The notice period must be reasonable for the customer. The seller reserves the right to terminate the account for extraordinary reasons.

8.7. Upon termination, the customer account and the information stored therein will no longer be available to the customer. It is the customer’s responsibility to back up their data upon termination of the customer account.

9. Warranty for Material Defects and Guarantee
9.1. Subject to the following provisions, the warranty (liability for defects) is governed by statutory provisions.

9.2. A warranty applies to goods delivered by the seller only if it has been expressly provided. Customers will be informed of the warranty terms before beginning the ordering process.

9.3 If the customer is a business, the customer must inspect the goods immediately, without prejudice to statutory obligations to give notice of defects, and must notify the supplier in writing of any apparent material defects without delay, at the latest within two weeks of delivery, and of any non-apparent material defects without delay, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern, and color that are customary in the trade, permissible according to quality standards, or minor in nature do not constitute defects.

9.4 If the customer is a business, the seller shall choose between repairing the defective goods or replacing them.

9.5 Notwithstanding the liability provisions of these General Terms and Conditions, claims for material defects by customers who are business entities generally expire one year after the transfer of risk, unless longer periods are required by law, in particular under special provisions governing the business entity’s right of recourse. The warranty is excluded for used goods purchased by customers who are business entities.

9.6 If the customer, who is a business, has installed the defective item within the meaning of § 439(3) of the German Civil Code (BGB) into another item or attached it to another item in accordance with its nature and intended use, the seller, subject to an express agreement and without prejudice to the remaining warranty obligations, is not obligated, within the scope of subsequent performance, to reimburse the customer for the necessary expenses incurred in removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the Seller is also not obligated to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item in the context of a recourse claim by the Customer within the supply chain (i.e., between the Customer and its customers).

10. Liability
10.1. Notwithstanding any other statutory requirements for claims, the following exclusions and limitations of liability apply to the Seller’s liability for damages.

10.2. The Seller shall have unlimited liability to the extent that the damage is caused by willful misconduct or gross negligence.

10.3. Furthermore, the Seller shall be liable for slightly negligent breaches of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for breaches of obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall be liable only for foreseeable damage typical for this type of contract. The Seller shall not be liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.

10.4. The foregoing limitations of liability do not apply in cases of injury to life, limb, or health; in the event of a defect arising from a warranty regarding the quality of the product; or in the case of defects that were fraudulently concealed. Liability under the Product Liability Act remains unaffected.

10.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

11. Storage of the Contract Text
11.1. The customer may print the contract text before submitting the order to the seller by using the print function in their browser during the final step of the ordering process.

11.2. The Seller will also send the Customer an order confirmation containing all order details to the email address provided by the Customer. Along with the order confirmation, or at the latest upon delivery of the goods, the customer will also receive a copy of the Terms and Conditions, including the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the text of the contract but do not make it accessible on the Internet.

11.3 Customers who are business entities may receive the contract documents via email, in writing, or by reference to an online source.

12. Final Provisions
12.1. If the buyer is a business entity, subject to any other agreements or mandatory statutory provisions, the place of performance shall be the seller’s place of business, while the place of jurisdiction shall be the seller’s place of business if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer does not have a general place of jurisdiction in the country where the seller is based. The seller reserves the right to choose another permissible place of jurisdiction.

12.2 In the case of business customers, the law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, provided that no mandatory statutory provisions preclude this.

12.3. The language of the contract is German.

April 12. European Commission’s Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.