General Terms and Conditions of Business and Delivery of Wilhelm Tribbensee

1. validity of the conditions

The deliveries, services and offers of WILHELM TRIBBENSEE are made exclusively on the basis of these Terms and Conditions of Business and Delivery. These also apply to all future business relationships, even if they are not expressly agreed again. The initial inclusion of the terms and conditions is governed by §§ 305, 305 a BGB.

2. definitions

a) A consumer within the meaning of these General Terms and Conditions of Business and Delivery is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB).

b) An entrepreneur within the meaning of these General Terms and Conditions of Business and Delivery is any customer who, when concluding the contract, is acting in the exercise of his commercial and independent professional activity (Section 14 (1) BGB).

c) Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, faxes, e-mails as well as radio, tele and media services (§ 312 b para. 2 BGB).

3. conclusion of contract

a) Information and offers contained in catalogs, brochures, advertisements, etc. are non-binding, especially with regard to prices. WILHELM TRIBBENSEE shall be bound by specially prepared offers for 30 days.

b) The contract is concluded upon confirmation of the order placed by the customer by WILHELM TRIBBENSEE. The customer is bound to a placed order for a period of three weeks.

c) If the customer becomes insolvent after conclusion of the contract but before completion of the contract, if insolvency proceedings are opened against his assets or if he is unable to provide the contractual consideration for other reasons, WILHELM TRIBBENSEE is entitled to withdraw from the contract.

d) If ancillary agreements are made or amendments or additions are made to the contract, WILHELM TRIBBENSEE shall confirm these in text form. The same applies to the assurance of properties. Written confirmation is not a prerequisite for validity.

e) Drawings, illustrations, dimensions and weights or other performance data are only binding if this is expressly agreed in writing.

4. prices/price changes

a) The prices in the WILHELM TRIBBENSEE online store include the statutory value added tax.

b) The costs for packaging, freight, postage and insurance shall be borne by the customer unless otherwise specified.

c) If there are more than five months between the conclusion of the contract and the agreed and/or actual delivery date, WILHELM TRIBBENSEE is entitled to charge the catalog/list prices valid at the time of delivery or provision. If these are more than 5% higher than the initially agreed price, the customer is entitled to withdraw from the contract.

5. delivery dates/delivery deadlines

a) Delivery dates/delivery periods are only binding for WILHELM TRIBBENSEE if they have been agreed in writing.

b) Should WILHELM TRIBBENSEE fail to meet the delivery deadlines it has promised, the customer may only assert further rights, in particular withdrawal from the contract and compensation for damages, after a written request to fulfill the contract, setting a reasonable deadline. This period must be at least four weeks. The period begins upon receipt by WILHELM TRIBBENSEE.

6 Delivery and transfer of risk

a) Unless otherwise agreed, the place of performance for business transactions shall be D-71229 Leonberg.

b) The risk of accidental loss or accidental deterioration of the goods ordered by the customer shall pass to the customer (at the latest) upon handover to the customer or to the transport person. If shipment is postponed at the customer’s request, the risk shall pass to the customer upon notification of readiness for shipment.

c) Notwithstanding the above provision, the risk of accidental loss shall not pass to the consumer until the goods reach the consumer.

d) WILHELM TRIBBENSEE may dispatch the goods to the customer at its own discretion. The most favorable shipping route for the customer shall be chosen.

e) WILHELM TRIBBENSEE is entitled, but not obliged, to insure the delivery in the name and for the account of the customer.

7. warranty

a) The statutory provisions of Sections 433 – 435, 437 and 439 – 443 BGB apply to warranty claims of a consumer. In the case of a sale of new goods to a consumer, the 24-month limitation period of Section 438 (1) (3) BGB shall apply. If used goods are sold to a consumer, this period shall be reduced to 12 months. This shall not apply if the delivery of defective goods also constitutes an intentional breach of duty. In addition, the claims for damages regulated in Section 8 below are excluded from this. § Section 479 BGB remains unaffected.

b) The following provisions aa) – ee) apply to sales to entrepreneurs

aa) Deliveries must be inspected immediately upon receipt by the customer or the recipient designated by the customer. After unconditional acceptance of the goods by the customer or the recipient, a subsequent complaint due to the external condition of the delivery is excluded. Other defects in the goods – insofar as they are recognizable – can only be notified within eight working days of receipt, insofar as they are not directly recognizable, within eight working days of discovery. Notices of defects must be made in text form (§ 126 b BGB) or in writing.

bb) Notwithstanding the customer’s claims for damages under the conditions set out in Section 8, WILHELM TRIBBENSEE shall initially provide a warranty for defects notified in good time, which not only insignificantly limit the value or usability of the goods, at its own discretion by delivering faultless replacement goods or by repairing the delivered goods (subsequent performance). WILHELM TRIBBENSEE is obliged to bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, insofar as these have not increased due to the fact that the purchased item has been taken to a place other than the place of performance. The delivery of replacement goods shall take place exclusively in fulfillment of the warranty obligation for the original goods. Notwithstanding the customer’s warranty rights in relation to the initial delivery, no warranty rights shall therefore arise for the replacement goods in the event of a defective replacement delivery and the warranty period shall not be restarted.

cc) In the event of subsequent performance, the customer shall only be entitled to reduce the agreed purchase price or withdraw from the contract after two unsuccessful attempts.
dd) In the event of the sale of new goods to entrepreneurs, the limitation period under Section 438 (1) (3) BGB shall be reduced to 12 months. This does not apply if the delivery of defective goods constitutes an intentional breach of duty. In the case of delivery of used goods, claims by the customer due to defects in the purchased item are excluded, unless WILHELM TRIBBENSEE has fraudulently concealed the defect or has assumed a warranty for the quality of the item. This does not affect the claims for damages regulated in Section 8 below.

ee) The provisions of a warranty granted in a separate contractual agreement remain unaffected by this.

8. liability

a) The liability of WILHELM TRIBBENSEE and its vicarious agents is limited to damages that WILHELM TRIBBENSEE and its vicarious agents have caused intentionally or through gross negligence. WILHELM TRIBBENSEE shall only be liable for slight negligence in the event of loss of life, physical injury or damage to health and the breach of obligations essential to the fulfillment of the contract.

b) Should WILHELM TRIBBENSEE be liable for slightly negligent breaches of duty, the amount of liability is limited to the atypical damages that were foreseeable when the contract was concluded or later when the breach of duty was committed; WILHELM TRIBBENSEE is not liable for consequential damages in these cases. This does not apply to injury to life, limb or health.

c) If the customer is an entrepreneur, liability for negligent behavior is also excluded.
d) Claims for damages that do not require fault by law remain unaffected by the above provisions in a) and b).

9. payment

a) Unless otherwise agreed, WILHELM TRIBBENSEE shall deliver ordered goods concurrently with delivery or as agreed.

b) Payments can only be made with discharging effect directly to WILHELM TRIBBENSEE or to a bank or postal giro account specified by it.

c) Unless expressly agreed otherwise, invoices from WILHELM TRIBBENSEE are payable without deduction immediately upon receipt of the goods.

d) If the customer is in arrears with a payment, WILHELM TRIBBENSEE is entitled to charge interest at a rate of 5% above the prime rate for consumers and 8% above the prime rate for entrepreneurs.

e) The customer is only entitled to offset against WILHELM TRIBBENSEE’s claims if the counterclaim is undisputed or has been legally established.

10. reservation of title

All delivered goods remain the property of WILHELM TRIBBENSEE until the agreed consideration has been paid in full. This also applies if the delivered goods are passed on to third parties.

11. right of withdrawal for consumers

The consumer has the right to revoke his contractual declaration within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, a clear declaration (e.g. a letter sent by post, fax, e-mail or telephone call) must be sent to

WILHELM TRIBBENSEE
Böblinger Straße 19
D-71229 Leonberg
Telephone: 07152/949790
E-mail address: info@tribbensee.de

with the decision to revoke the contractual declaration. The attached sample withdrawal form may be used, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the contract has been revoked, WILHELM TRIBBENSEE shall reimburse the consumer for all payments received, including delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheap standard delivery offered by WILHELM TRIBBENSEE was chosen) immediately and at the latest within 14 days from the day on which WILHELM TRIBBENSEE receives notification of the revocation of the contractual declaration. For the repayment, WILHELM TRIBBENSEE will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the consumer. Under no circumstances will WILHELM TRIBBENSEE charge the consumer any fees for the repayment.

WILHELM TRIBBENSEE may refuse repayment until it has received the goods back or the consumer has provided proof that the goods have been returned, whichever is the earlier.The consumer must return or hand over the goods to WILHELM TRIBBENSEE without delay and in any case within 14 days at the latest from the day on which he was informed of the revocation of the contractual declaration. The deadline is deemed to have been met if the goods are dispatched by the consumer before the 14-day period has expired.
The consumer shall bear the direct costs of returning the goods.
The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.

The right of withdrawal does not apply to contracts
– for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date has passed quickly;
– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

The model withdrawal form is as follows:

To
WILHELM TRIBBENSEE
Böblinger Str. 19
D-71229 Leonberg
Telephone: 07152/949790
E-mail address: info@tribbensee.de

I/we hereby revoke the contract concluded with me/us for the purchase of the following goods: ______________________________ ordered on: ___________________________________________________________________ received on: ___________________________________________________________________ Name and address of the consumer(s):___________________________________________________________________ Date and signature of the consumer(s) (only in case of notification on paper) ___________________________________________________________________

12. return of packaging material

According to § 6 Abs. 1 and 2 of the Ordinance on the Avoidance and Recycling of Packaging Waste, WILHELM TRIBBENSEE takes back sales packaging for recycling or disposal to protect the environment. For this purpose, the customer can call WILHELM TRIBBENSEE on 02624/2550 during business hours to find out where the packaging material can be disposed of free of charge within a reasonable distance from his place of residence or place of business. If such an option is not available, the customer may return the packaging material free of charge to WILHELM TRIBBENSEE, Maybachstraße 16, D-71229 Leonberg. Returned packaging will be disposed of or reused by WILHELM TRIBBENSEE in an environmentally friendly manner in accordance with the ordinance. Of course, the customer can arrange for the packaging material to be disposed of in an environmentally friendly waste system at his place of residence or place of business.

13. place of fulfillment and jurisdiction

If the customer is a registered trader, any disputes arising from concluded contracts and related legal relationships shall be subject to the jurisdiction of Leonberg Local Court. The same applies if the customer is not a registered trader, but has his domicile or habitual residence abroad at the time the action is brought or his domicile or habitual residence is unknown.

14. data protection

WILHELM TRIBBENSEE is entitled to store the data received from the business relationship for its own business purposes in accordance with the provisions of the Data Protection Act. Disclosure to third parties is excluded.

15 Miscellaneous

a) Should one or more of the above provisions be or become invalid, the customer and WILHELM TRIBBENSEE shall agree on a new provision.

b) The headings serve only to provide a better overview and have no substantive meaning, in particular no conclusive regulation.