General terms and conditions
General Terms and Conditions EIGENart by Brüssel Steel GmbH
1. validity of the conditions
Our shop offer is aimed exclusively at commercial buyers and independently acting. Deliveries, services and offers are made by us exclusively on the basis of these terms and conditions. They also apply to future transactions within current business relationships, even if they are not expressly agreed again. At the latest with the acceptance of the goods or service these conditions are regarded as accepted. Counter-confirmations of the customer with reference to his terms of business or purchase are hereby contradicted, unless we have expressly agreed to them in writing.
2. offer and conclusion of contract
Our offers are subject to change without notice. The contract shall be deemed concluded if we accept your order in writing or dispatch the goods. We reserve the right to prior sale. Our prices are net prices and do not include VAT.
3.1 Unless otherwise agreed, payments by the purchaser must be received by us in advance within 7 days of acceptance of the order.
3.2 Delay in payment occurs 7 days after receipt of the request for payment. In the event of default, interest on arrears shall be charged at a rate of 7% above the applicable base interest rate of the European Central Bank. In the event of late payment, the seller has the right to sell the reserved goods elsewhere.
3.3 The customer is obliged to have the payments made by him first offset against his oldest liability. Any provision to the contrary made by the customer shall be ineffective. If costs and interest have already been incurred, the customer must first set off the payment against the costs, then against the interest and finally against the main service.
3.4 A right of retention of the buyer or the set-off of the buyer with counterclaims are excluded, unless the counterclaim of the buyer is not disputed or legally established.
4.1 We deliver from our warehouse. The transfer of risk shall take place upon handover to the carrier.
4.2 Dates and delivery periods are not binding unless expressly agreed otherwise in writing.
4.3 Transport damage must be reported to us immediately, at the latest within 24 hours.
In the case of obvious transport damage, written confirmation by the carrier/parcel service driver is mandatory. The buyer must inspect the goods immediately upon receipt. Complaints (production errors, shortages, wrong deliveries etc.) must be reported in writing immediately, at the latest within 5 working days after receipt of the goods, but in any case before resale, destruction or disposal. In any case, we have the right to repair or replace the defective goods and to take them back.
4.4 Delays in delivery and performance due to force majeure and due to other unforeseeable events which make delivery considerably more difficult for us and for which we are not responsible shall entitle us to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up period. The delivery period shall also be extended by the period of time with which the purchaser is in default with the fulfilment of his contractual obligations. We are entitled to make partial deliveries and render partial services. In the case of supply contracts, each partial delivery and partial performance shall be deemed an independent performance.
4.5 The delivered goods shall remain our property until full payment of all claims including any interest has been made. 5.2 We are entitled to demand the return of the goods owned by us at any time if the purchaser is in default. The Buyer shall notify us immediately of any access by third parties to the goods owned by us. ransfer by way of security, sale by way of security, pledging and other dispositions of the goods owned by us require our consent.
4.6 In the event of a warranty claim, the buyer’s rights shall initially be limited to subsequent improvement or free replacement delivery against return of the delivery complained about. Only in the event of failure of the repair or replacement delivery shall the purchaser be entitled, at his discretion, to a reduction of the purchase price or to rescission of the contract.
4.7 Warranty claims do not exist if the purchaser has made or arranged for changes to the goods without our prior consent.
4.8 Warranty claims are only due to the direct buyer and are not transferable.
4.9 Warranty claims of the purchaser presuppose that he has fulfilled his inspection and complaint obligations according to §§ 377 HGB (German Commercial Code).
5.0 Warranty claims of the purchaser presuppose that he has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with §§ 377 HGB (German Commercial Code). If there is a defect in the purchased item for which we are responsible, we shall be entitled at our discretion to remedy the defect or to make a replacement delivery. In the event of rectification of the defect and replacement delivery, we shall be obliged to bear all expenses required for the purpose of rectification of the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the object of sale has been taken to a place other than the place of performance. If we are unwilling or unable to remedy the defect or supply a replacement, in particular if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or supply a replacement fails in any other way, the customer shall be entitled, at his option, to demand rescission or reduction.
5.1 The Seller’s liability, for whatever reason, shall be limited to the amount of the purchase price. Unless otherwise stated below, any further claims of the Purchaser – for whatever legal reason – shall be excluded. We shall therefore not be liable for damage which has not occurred to the delivery item itself; in particular, we shall not be liable for lost profits or other financial losses of the customer. The above exclusion of liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer is entitled to compensation claims due to the absence of a guaranteed quality of the goods. Finally, it shall not apply if personal injury has occurred or claims exist under the Product Liability Act. Contractual claims of the customer due to delivery of defective goods are subject to a limitation period of one year after delivery. The regulation of § 479 para. 2 BGB remains unaffected. The shortening of the limitation period shall not apply in those cases in which we have unlimited liability under these terms and conditions.
6.1 In the case of goods which have been modified on behalf of the customer and individually adapted for him, we always charge 100% of the order value.
6.2 Returns of defect-free and originally packed shipments are excluded and will not be accepted by us for credit unless the return is made with our prior consent and subject to a handling fee of 10% of the value of the goods. The return must be made free of charge (“free domicile”) for us in the original packaging and in perfect condition. Returns will only be accepted with our written consent.
6.3 Sample shipments shall always be invoiced and shall not be taken back.
7. applicable law, partial invalidity
7.1 Transfers of rights and obligations of the buyer arising from the contract concluded with us require our written consent in order to become effective. 8.2 The possible invalidity of individual conditions shall not affect the validity of the remaining conditions. 8.3 Orders and deliveries are subject exclusively to German law to the exclusion of the laws on the international purchase of movable goods, even if the business is transacted abroad and/or the buyer has its registered office abroad. 8.4 The place of performance for all services and the place of jurisdiction shall be Cologne.
8. picture material
8.1 EIGENart by Brüssel Steel GmbH provides you with images of the products on request. the image rights always remain the property of Brüssel Steel GmbH and their use may be prohibited at any time without justification by Brüssel Steel GmbH. The image rights may not be transferred to third parties. Claims for damages arising from the illegal transfer of the image rights shall be fully at the expense of the originator.