Terms of ServiceTerms of Service
§ 1 Scope, subject matter and conclusion of the respective contract
1. The following conditions finally regulate the contractual relationship between Ebner Friseureinrichtungen GmbH & Co.KG, represented by the managing director Joachim Ebner, Hohe Heide 5, 97506 Grafenrheinfeld, hereinafter referred to as the "seller", and the respective customer.
2. These general terms and conditions apply exclusively. Conditions of the customer that contradict or deviate from these terms and conditions will not be recognized unless the seller has expressly agreed to these in individual cases.
3. They only apply to entrepreneurs. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when placing the order, acts in their commercial or independent professional activity.
4. The subject of the respective contract is the sale of goods by the seller to the customer.
5. The customer can place an order for the goods via the seller's website, by telephone, email or fax. After sending the order, the customer receives an order confirmation in which his data and his order are listed again. This order confirmation does not yet represent an acceptance for the conclusion of the contract. The buyer is bound to his offer for 2 weeks. An effective purchase contract is only concluded with a written declaration of acceptance or with delivery of the goods.
6. The contract text and the general terms and conditions will be sent to the customer by email after the order has been placed. In addition, the customer who has created a customer account can call up his respective orders via his customer account at any time after the conclusion of the contract.
7. The contract is concluded exclusively in German. German law is applicable if the customer is a merchant.
8. All prices are net euro prices plus the applicable statutory sales tax.
§ 2 Processing of the purchase contract, shipping costs
1. The customer bears the shipping costs from the seller's place of business.
2. When the purchase contract is concluded, payment of the purchase price is due immediately. The customer has the option to choose between different payment modalities. The seller reserves the right to exclude certain payment options for deliveries abroad, for first orders or for other reasons.
3. In the case of returned letters and refusal of acceptance for cash on delivery, these additional costs will be charged to the customer.
4. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the responsibility of the seller for intent or negligence remains unaffected. In this case, the seller will immediately inform the buyer about the unavailability and immediately reimburse the buyer for any consideration that has already been paid. In this case, the seller reserves the right to offer goods of the same price and quality, with the aim of concluding a new contract for the purchase of goods of the same price and quality.
5. If the seller cannot meet deadlines due to force majeure, e.g. mobilization, war, strike, riot or similar, these shall be extended appropriately.
§ 3 Warranty and Liability
1. The seller is generally liable for defects in the goods in accordance with the statutory provisions of the sales law (§§ 434 ff. BGB) and - if the customer is a consumer - the consumer goods sales law (§§ 474 ff. BGB), unless in these Terms and conditions are otherwise determined.
2. If the customer is an entrepreneur, the warranty period for the rights from § 437 No. 1 and No. 3 BGB for new articles, contrary to § 438 Paragraph 1 No. 3 BGB, is one year from the start of the statutory limitation period. For consumers, the statutory warranty period of two years applies in the case of Section 438 Paragraph 1 No. 3 BGB.
3. If the customer is an entrepreneur, the warranty is excluded for used items. For consumers, the warranty period for the rights from § 437 No. 1 and No. 3 BGB is shortened to one year from the start of the statutory limitation period, in deviation from § 438 Paragraph 1 No. 3 BGB.
4. The buyer is obliged to notify the seller in writing of obvious defects within 14 days of receipt of the goods or discovery of the defect.
5. As far as it is a mutual commercial transaction within the meaning of the Commercial Code, the customer will examine the ordered goods immediately after delivery. This applies in particular with regard to the completeness of the goods and their respective functionality. Defects that are found in this process or that can be easily identified must be reported to the seller immediately. Include a detailed description of the defect. If the buyer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination.
6. Defects in the goods, which cannot be ascertained within the framework of the proper inspection in accordance with Paragraph 5, must be reported to the seller immediately after they have been discovered, insofar as it is a mutual commercial transaction; otherwise, the goods are deemed to have been approved even with regard to this defect.
7. In principle, the seller is not liable for damage caused by slight negligence.
8. The limitations of liability according to the preceding numbers do not apply to damage resulting from injury to life, limb or health, fraudulent concealment of defects, claims from the Product Liability Act, in the event of willful intent and gross negligence, as well as in the event of a breach of duties Fulfillment enable the proper execution of the contract in the first place and compliance with which the customer can regularly rely.
9. The claim for damages for the negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless another of the exceptional cases listed in Paragraph 8 is present at the same time.
10. If the seller delivers a defect-free item for the purpose of supplementary performance, he can demand the return of the defective item from the buyer in accordance with Sections 346 to 348 of the German Civil Code (BGB).
§ 4 retention of title, transfer of risk
1. The delivered goods remain the property of the seller until all claims to which he is entitled against the customer from the existing business relationship have been met.
2. The buyer is permitted to process the delivery item or to mix or combine it with other items. The processing, mixing or combining (hereinafter collectively: "processing" and with regard to the delivery item: "processed") is carried out for the seller; the item resulting from processing is referred to as "new goods". The buyer stores the new goods for the seller with the care of a prudent businessman.
3. In the case of processing with other items that do not belong to the seller, the seller is entitled to co-ownership of the new goods in the amount resulting from the ratio of the value of the processed delivery item to the value of the other processed goods at the time of processing. If the buyer acquires sole ownership of the new goods, the parties agree that the buyer grants the seller co-ownership of the new goods in the ratio of the value of the processed delivery item to the other processed goods at the time of processing.
4. In the event that the delivery item or the new goods are sold, the buyer hereby assigns his claim from the resale against the customer with all ancillary rights to the seller as a precaution, without the need for further special declarations. The assignment applies including any balance claims. However, the assignment only applies to the amount corresponding to the price of the delivery item invoiced by the seller. The portion of the claim assigned to the seller is to be satisfied with priority.
5. If the buyer connects the delivery item or the new goods with real estate or moveable items, he shall, without the need for further special declarations, also his claim, which he is entitled to as remuneration for the connection, with all ancillary rights in the amount of the ratio of the security Value of the delivery item or the new goods to the other connected goods at the time of connection to the seller.
6. Until further notice, the buyer is authorized to collect the claims assigned in this provision (retention of title). The buyer will immediately forward payments made on the assigned claims up to the amount of the secured claim to the seller. If there is an important reason, in particular in the event of default in payment, suspension of payments, opening of insolvency proceedings, bill protest or justified indications of overindebtedness or impending insolvency of the buyer, the seller is entitled to revoke the buyer's authorization to collect. In addition, after prior warning, the seller can disclose the assignment by way of security within a reasonable period of time, utilize the assigned claims and demand that the buyer disclose the assignment as security to the customer.
7. If a legitimate interest is substantiated, the buyer must provide the seller with the information necessary to assert his rights against the customer and hand over the necessary documents.
8. During the existence of the retention of title, the buyer is prohibited from pledging or transferring ownership by way of security. Resale is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the equivalent value of the delivery item is made to the buyer. The buyer also has to agree with the customer that the customer only acquires property with this payment. In the event of attachment, confiscation or other dispositions or interventions by third parties, the buyer must notify the seller immediately.
9. If the realizable value of all security interests to which the seller is entitled exceeds the amount of all secured claims by more than 10%, the seller will release a corresponding part of the security interests at the request of the buyer. The seller has the choice between different security rights when approving the release.
10. The risk passes to the entrepreneur when the goods are handed over to the transport company.
§ 5 default
1. The buyer is in default 10 days after the due date without further explanation from the seller, provided he has not paid the claim.
2. The default interest is 9% points above the current base rate.
3. The right of the seller to assert further claims for damages remains unaffected by the above regulations.
§ 6 final provisions
1. German law is exclusively applicable to the present general terms and conditions and to the respective sales contract, excluding the UN sales law, if the customer is not a consumer.
2. If the parties are registered traders, the city of the seller's registered office is agreed as the place of jurisdiction for all disputes arising from or in connection with the present contract.
3. Should one or more clauses of these terms and conditions be wholly or partially ineffective, this shall not affect the validity of the remaining provisions.