(Separate terms and conditions for our online shop can be found at the bottom of this page)
1 - Scope of application
(1) Our terms and conditions apply to all present and future business relations with entrepreneurs in the sense of § 14 BGB (German Civil Code), i.e. with natural or legal persons or partnerships with legal capacity who act in the exercise of a commercial or independent professional activity (hereinafter referred to as "the Customer").
(2) Deviating, conflicting or supplementary general terms and conditions of the Customer, in particular any terms and conditions of purchase of the Customer, shall not become part of the contract - even if we are aware of them - unless we expressly agree to their validity in writing.
2 - Conclusion of contract
(1) Our offers are subject to confirmation. The documents belonging to our offer, such as brochures, illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding; we reserve the right to make technical changes as well as changes in shape, colour, dimensions and/or weight within the scope of what is reasonable.
(2) By placing an order for goods, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer; this also applies to orders placed with our sales representatives.
(3)We reserve the right of ownership and copyright to cost estimates, drawings, photographs and other documents. They may be made available to third parties, e.g. for advertising purposes, with our express written consent. We undertake to make documents designated by the customer as confidential available to third parties only with the customer's consent.
(4) Discounts and price agreements must be made in writing; verbal agreements are only valid after written confirmation; this also applies in particular to a waiver of the written form requirement.
3 - Purchase price
(1) The purchase price offered shall be binding and shall apply - unless a separate written agreement has been made in this respect - ex our business address including loading, but excluding packaging, freight, customs and insurance. All prices are net prices, i.e. value added tax at the respective statutory rate is added to the prices. In the absence of a special agreement, our invoices are due for payment within 3 weeks of the invoice date.
(2) During the period of default, the customer shall pay interest on the debt at a rate of 9 percentage points above the base interest rate. We reserve the right to prove and assert a higher damage caused by default.
(3) The customer has a right to offset only if his counterclaims have been legally established or acknowledged by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. The deduction of a cash discount requires a separate written agreement.
4 - Delivery and delivery periods
(1) Compliance with our delivery obligation requires the timely and proper fulfilment of the customer's obligations. If duties to cooperate are violated or if the customer is in default of acceptance, we may claim the resulting damages including any additional expenses.
(2) The commencement of the delivery period stated by us shall be subject to the prior clarification of all technical issues. The delivery period must be stated in writing and is - unless a fixed date for delivery is expressly agreed - non-binding. It begins with the dispatch of the order confirmation, but not before the customer has provided any documents, approvals, releases and before any agreed down payment has been received.
(3) The delivery period shall be deemed to have been complied with if the delivery item has left our premises or notification of readiness for dispatch has been given by the time the delivery period expires. The delivery period shall be extended appropriately in the event of measures within the scope of industrial disputes as well as the occurrence of unforeseen obstacles which are beyond our control, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item, even if the circumstances occur at sub-suppliers. The aforementioned circumstances are also not our responsibility if they occur during an already existing delay of our customer.
(4) If we expressly promise binding fixed dates in writing and are responsible for their non-observance or if we are in default, the customer shall be entitled to compensation for default, but not more than 0.5% of the invoice value of the deliveries and services affected by the default for each full week of the default, up to a maximum of 5% in total. Any further claims, in particular claims for damages, shall be excluded unless we can be accused of intent or gross negligence.
5 - Retention of title and extended retention of title
(1) We retain title to the goods delivered until all claims arising from the current business relationship with the customer have been paid in full. We are entitled to take back the goods if the customer behaves in breach of contract, in particular in the event of default in payment or in the event of a breach by the customer of the obligations agreed in section 2 below.
(2) The customer is obliged to treat the purchased goods with care as long as ownership has not yet passed to him. As long as ownership has not yet passed to him, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims of the purchaser arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased goods have been resold without or after processing. The customer shall remain entitled to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, as long as no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
(4) We undertake to release the securities to which we are entitled at the request of the customer, to the extent that their value exceeds the claims to be secured by more than 20%.
6 - Transfer of risk and packaging
(1) Unless otherwise stated in the order confirmation, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, even if partial deliveries are made or we have assumed other services, e.g.the shipping costs or delivery and installation. The handover shall be deemed to have taken place if the customer is in default of acceptance. Transport packaging and all other packaging will not be taken back, with the exception of pallets.
(2) The customer shall dispose of any packaging received at his own expense.
7 - Notification of defects, warranty and manufacturer's guarantee
(1) We shall be liable for defects in the goods initially at our discretion by rectification or replacement delivery. If the customer or the customer's own customer (end user) wishes to rectify the defect itself, this requires prior written agreement with us.
(2) If the subsequent performance fails, the customer may in principle demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) at his discretion. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
(3)The customer must notify us in writing of obvious defects without delay, but at the latest within a period of one week from receipt of the goods; otherwise the assertion of claims is excluded. If our customer becomes aware of non-obvious defects at a later date, e.g. through notification by a customer, written notification must be made to us within a period of two weeks of becoming aware of the defect, otherwise the assertion of claims is also excluded. In both cases, timely dispatch of the notice of defect shall be sufficient to meet the deadline. The customer shall bear the full burden of proof for all prerequisites for claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
(4) If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect. If the customer chooses compensation for damages after failed subsequent performance, the goods remain with the customer if this is reasonable for him. Damages shall be limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.
(5) The warranty period is two years from delivery of the goods. Excluded from this are he customer's claims under a right of recourse in accordance with § 478 BGB (German Civil Code). Insofar as the law mandatorily prescribes longer periods in accordance with § 438 para. 1 no. 2 BGB (buildings and items for buildings), § 445b BGB (right of recourse) and § 634a para. 1 BGB (construction defects), these periods shall apply.
(6) In addition to the above warranty agreements which apply between us and our customer, we shall only provide a warranty to the direct customer of our customer (consumer) exclusively in accordance with the warranty conditions published on www.drooff-kaminofen.de in the version valid at the time of purchase.
8 - Limitation of liability
(1) In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable in the event of a slightly negligent breach of non-essential contractual duties.
(2) The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
(3) Claims for damages by the customer due to a defect shall become statute-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent.
9 - Final provisions
(1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
(3) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.
(4) Changes and additions to the contract between the customer and us and deviations from these General Terms and Conditions of Delivery and Sale shall only be effective if they are agreed in writing; this shall also apply to the waiver of the written form requirement.
(5) The European Commission provides a platform for online dispute resolution (OS). Details can be found athttp://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in such dispute resolution proceedings before a consumer arbitration board.
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
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. 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 commercial or self-employed professional activity.
§ 2-Contractual Partner, Conclusion of Contract, Possibilities of Correction
The purchase contract is concluded with DROOFF Kaminofen GmbH & Co. KG.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen(PayPal, SEPA direct debit, credit card or prepayment). We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.
§ 3 - Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.
§ 4 - Terms of delivery
In addition to the stated product prices, shipping costs may be incurred. You can find out more about any shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible. We do not deliver to packing stations.
§ 5 - Payment
In our shop you can choose between the following payment methods:
PayPal, SEPA direct debit, credit card or prepayment
If you choose prepayment, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
§ 6 - Retention of title
The goods remain our property until full payment. You only have the right to offset if your claims have been legally established or are undisputed. You shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 7 - Warranties and guarantees
The statutory law on liability for defects shall apply. Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
§ 8 - Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can findhere. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 9 - Choice of law
German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.