General terms and conditions
The following terms and conditions as well as legally applicable regulations shall apply exclusively for all goods and services until further notice. Other conditions (e.g. the client’s purchase conditions) shall not be applicable even if we do not expressly object to them. Deviations from our conditions of sale and delivery or amendments shall in each individual case require a written agreement.
1. Our offers are non-binding at all times. A contract shall only come into effect as a result of our written confirmation.
2. Prices and payment conditions
All prices are for delivery from stock from the respective named location, unless otherwise agreed, as shown including VAT. This will be separately shown and calculated separately using the rate applicable on the date of delivery. All postal, freight and packaging costs accrued by us for the order will be borne by the client. Our sales prices are calculated in accordance with the factory prices, freight charges as well as import duties and taxes. We offer and sell goods which come from abroad at market prices and these prices are calculated in accordance with the respective current exchange rate for the currency of the country of origin. If one of the abovementioned prerequisites for the price calculation – for foreign goods the current exchange rate for the foreign currency – should change before the goods have been delivered, then we are entitled to adjust our prices immediately and without notifying the client of this in advance and to invoice the client at the adjusted prices, without the client being able to terminate the contract because of this or refuse to accept the goods. In general complaints regarding the calculations can only be accepted if they are made in writing within 8 days of the invoice being issued. The payment is to be made in full simultaneously on delivery of the goods when the invoice has been received. For new clients, delivery will be made on the condition of payment in advance. Discount deductions are not permitted, unless they are expressly agreed. Any other method of payment must be agreed explicitly in advance. In the event of a delay in payment from the client we are entitled to calculate interest at a rate 4% above the base rate of the Deutschen Bundesbank (German central bank).
3. Offset payments
The client may not make offset payments apart from where there are undisputed claims or claims which have been validated by due legal process.
Goods and services will always be delivered from the Pinneberg warehouse. If the client requires shipment to another area, then this will be carried out at his own expense and risk. Generally, delivery deadlines shall only be binding where we have declared them to be binding in writing. This is not effected by the indication of a delivery date on the order confirmation. We shall be exempt from adhering to the delivery deadline in the event of circumstances beyond our control such as force majeure, strikes, operational disruption, transport disruption and other disruptions and delays. Compensation claims and rights of cancellation shall therefore not arise for the purchaser, unless the delay in delivery is caused by us through wilful intent or gross negligence.
5. Transfer of risk
Risk is transferred when the goods are dispatched from our warehouse. If dispatch is delayed through the fault of the client, then the risk is transferred to the client on the day the goods are ready to be dispatched.
6. Retention of title
All goods remain our property until full payment of our accounts against the buyer has been made, regardless of whether they relate to these goods or other goods which have been delivered by us at an earlier or later date. In the event of seizure of the items by a third party or other interference by third parties with regard to the items delivered, the client must notify us immediately in writing. The client is entitled to sell on the items delivered as part of normal business operations; however, in this event he now assigns to us all monetary claims to the value of the final invoiced amount (incl. VAT) ab, which are due to him from the resale against his purchaser or third parties. Any pledge, use as security or other use of the goods is excluded.
7.1 Where this relates to custom-made products manufactured to customer specifications, there is no right of cancellation in accordance with § 312d IV No. 1 BGB (German Civil Code) in accordance with the provisions on distance-selling contracts (§§ 312b ff BGB).
7.2. In spite of high production quality, a tolerance range of 5-8% is possible for custom-made products and this cannot be a cause for complaint.
We are only liable for our goods and services in accordance with conditions which are provided separately. Obvious defects are to be notified in writing immediately, at the latest within 8 days of delivery on the warranty/guarantee application forms provided for this purpose. In the event of complaints we are only obliged to repair or replace defective parts. The client can only request a reduction in price or cancellation in the event that the repair or replacement is not effective. Claims for compensation to the Cart Care Company GmbH are excluded.
8.1 Guarantee claims on an item within the warranty period of 12 months are to be indicated or requested by the customer exclusively in writing and must be approved by us before any action is taken.
8.2 Guarantee claims on a used item within the warranty period of 3 months (or otherwise agreed in accordance with the agreement) are to be indicated or requested by the customer exclusively in writing and must be approved by us before any action is taken.
The guarantee does not apply to consumable parts such as, for example, batteries unless there is a material or manufacturing fault.
9. Limitation of liability
Claims for compensation through breaches of contract, in particular due to impracticality, delay or positive breach of contract due to culpability when the contract is concluded and from tort (manufacturer liability) are excluded both against us and against towards any of our vicarious agents. This exclusion of liability does not apply, in the event of malicious intent or gross negligence.
The goods we deliver when processing an order are not insured against fire, theft and damages during transportation, etc. These risks are to be covered by the client and will be covered by us on the instruction of the client who will pay for this.
11. Place of jurisdiction, applicable law
The place of jurisdiction is Pinneberg for all disputes arising from the contractual relationship as well as disputes during its creation and through its effects. The law of the Federal Republic of Germany shall apply exclusively.
11.1. The ineffectiveness of individual conditions does not affect the validity of remaining terms and conditions.