General Terms and Conditions of the company Rubber's Finest (28.09.2018)

 

§ 1 Validity of the conditions

1. The following terms and conditions shall apply exclusively to all offers, deliveries and services of the seller.

2. Special agreements and subsidiary agreements shall only become valid if they are expressly confirmed by the seller. General terms and conditions of the customer, even if known, shall not become part of the contract unless the seller has expressly declared his agreement with conflicting, deviating or supplementary general terms and conditions of the customer in whole or in respect of individual provisions.

 

§ 2 Offer, price, placing of order, conclusion of contract, right of withdrawal

1. On our website we inform you about the conditions and characteristics of our goods. The presentation of the goods does not constitute an offer of contract, but a non-binding invitation to the customer to order from and to order goods. By ordering the desired goods, the customer bindingly declares his/her offer to conclude a sales contract. The contract is concluded when we accept this offer. We are entitled to accept the offer within 5 days after receipt.

2. All prices include all taxes and other price components unless otherwise stated. Delivery and shipping costs shall be incurred additionally and shall be shown separately within the scope of the concrete offer.

 

§ 3 Right of withdrawal for consumers

1. Consumers are entitled to the legal right of revocation.

2 The right of revocation does not exist according to § 312g Abs. 2 Nr. 1 and Nr. 2 BGB in particular with distance selling contracts.

- the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer.

 

§ 4 Delivery time, partial delivery, transfer of risk

1. The seller will deliver the ordered goods to the address stated by the customer in the order within the delivery times stated on the entrance page of the website ( shipping fees and production time). Individual agreements can be arranged under special circumstances.

2. If the non-compliance with an agreed delivery period is due to force majeure, industrial dispute, fire, machine breakdown, unforeseen obstacles or other circumstances for which the seller is not responsible, the delivery period will be extended for the duration of these events. This shall apply mutatis mutandis in the event that the seller is in default of delivery when one of these events occurs.

3. In the case of a duration of the prevention of performance in the sense of § 3 number 2 of more than 2 months, the seller as well as the customer are entitled to withdraw from the purchase contract.

4 . In the case of consumers within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods. In the case of entrepreneurs within the meaning of § 14 BGB (German Civil Code), the transfer to a carrier shall release the seller from his obligation to perform and the transport of the goods shall be at the risk and expense of the entrepreneur. The seller determines the carrier at his own discretion.

5 . If the customer is in default of acceptance or if the delivery is delayed for other reasons for which he is responsible, the risk shall pass to the customer from the day of the default of acceptance. In this case, the purchase price shall also become due on the date of the default in acceptance. The costs of storage by the seller or third parties shall be borne by the customer. The assertion of further claims for damages against the customer remains unaffected. The customer shall also bear the costs of a new shipment.

6 . Transport insurance for customers who are not consumers will only be taken out by the seller on special written instruction for the account of the customer.

 

§ 4 Warranty, Obligations to Inspect and Give Notice of Defects

1. Within the framework of the following provisions, the seller guarantees that deliveries and services are free of defects in the sense of warranty law and - insofar as such promises have been made - that the specifications agreed in writing and warranted properties are complied with.

2. The warranty rights of the commercial customer presuppose that he has duly complied with his inspection and complaint obligations owed in accordance with §§ 377, 378 HGB. Warranty claims shall not exist if the defect that has occurred is causally connected with the fact that previously occurring defects were not reported immediately.

3 . In the event of defects in the object of purchase, the customer shall be entitled to subsequent performance. In the case of entrepreneurs, the seller shall be entitled at his own discretion to remedy the defect or to make a replacement delivery.

4 . If the supplementary performance fails, the further legal claims for reduction or withdrawal as well as compensation or replacement of the futile expenditures exist. In the case of only minor defects, the customer is not entitled to withdraw from the contract. In the event of damages, the limitations of liability pursuant to § 6 of these General Terms and Conditions shall apply.

 

§ 5 Payment, default of payment

1. Prepayment is generally considered to be a condition of payment. A warranty retention is excluded. The delivery of the commodity takes place only after cash receipt. In the case of an appropriate arrangement a dispatch of the commodity is possible by cash on delivery in individual cases.

 

§ 6 Liability and limitations of liability

1. In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable, contract-typical, direct damage. This does not apply to claims of the customer arising from product liability, claims of the customer due to the absence of a quality which the seller has guaranteed and claims of the customer in the event of recourse claims of an entrepreneur against the seller as supplier in accordance with § 478 BGB (German Civil Code). Furthermore, the limitations of liability do not apply to damages attributable to us resulting from injury to life, limb or health.

2 . If and to the extent that the Seller's liability is excluded, this shall also apply to the personal liability of the Seller's employees, workers, staff, representatives and vicarious agents.

 

§ 7 Place of jurisdiction

In the event that the customer is a merchant within the meaning of the German Commercial Code (HGB), the registered office of the seller shall be the exclusive place of jurisdiction.

 

§ 8 Applicable law, effectiveness, written form

1. The law of the Federal Republic of Germany shall apply. The validity of the uniform international sales law (UNCITRAL agreement) is excluded. If the provisions of a state in which a customer who is a consumer has his habitual residence provide protection for consumers which does not exist under German law, these provisions shall apply to the legal relationship between this customer and the seller.

2. We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and do not offer to participate in such a procedure.

3.Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.