§ 1 Applicability
1. The seller’s below-stated general terms and conditions exclusively apply to transactionsbetween seller and buyer. Opposing terms and conditions of thebuyer are not applicable evenif the seller implicitly provides a service beingaware of such deviating terms.
2. These terms and conditions are valid for the entire business relationship even if they are notexplicitly referred to in case of follow-up business.
3. The latest version of the general terms and conditions can be read on the seller’s websitewww.dp-solutions.de
§ 2 Conclusion of contract
1. The order placed by the buyer is a binding contract.
2. When ordering online through the seller’s website the buyer receives an e-mail confi rmingthe seller’s receipt of the order. This is not an acceptance of the order.
3. The order will be accepted, at the latest, with the dispatch of the ordered goods. Upon requestthe buyer may receive an order confi rmation in writing prior to dispatch of the goods.
§ 3 Prices and terms of payment
1. The seller’s prices are based on the list prices valid at the point of receipt of the order plusapplicable Sales-Tax, as required by law.
2. The at time current prices are published on the seller’s website www.dp-solutions.de.
§ 4 Shipment and passing of risks
1. Shipment within Germany is free of charge for orders with a net value of goods exceeding150.00 EUR
2. The method and route of transportation and delivery is determined by the seller.
3. In addition to the usual shipping costs the buyer may have to bear certain handling fees orcosts for special packing materials for extraordinary shipments. The buyer will be informedabout any additional costs before shipment of the goods.
4. The transfer of risks occurs when the goods are handed over to the first forwarder or at thepoint of the goods’ dispatch. In case of delay in delivery on customer request or default inacceptance, the transfer of risks already occurs with advice of readiness for dispatch.
§ 5 Terms of delivery
1. Agreements of the delivery time and terms of delivery must be in writing.
2. Delays in delivery due to acts of nature or circumstances the seller is not reliable for (e.g.strike, lock-out, fi re, offi cial directives) may extend the delivery period by an appropriate periodof time according to the circumstances.
§ 6 Reservation of title
1. The delivered goods remain property of the seller until full payment has been received. Incase of the buyer’s conduct contrary to contract, especially concerning delays of payment, theseller may repossess the goods. The seller’s repossession of the merchandise is a cancellation ofcontract. The seller may sell these reclaimed goods. The buyer will retrieve the invoice amountless seller disbursements.
2. Transfer by way of security, pledging or any other act of disposal by the buyer that affect thesellers rights to the goods are prohibited.
3. The seller must immediately be informed in writing about seizure, conscation or similaractions by a third party that impair the seller’s rights to the goods.
§ 7 Warranties
1. For technical reasons products shown in the catalogue may slightly differ from the delivereditems. As there is no defect, these deviations cannot give cause for complaint.
2. Unless evident defect are reported in writing within 8 days after receipt of the goods or hiddendefect are reported in writing immediately after their detection, the seller is not obliged toacknowledge any claim by the buyer.
3. The defective merchandise may be repaired or replaced at seller’s discretion. Should theproduct fail again after the repair, the buyer has the right to cancel the contract or reduce thepurchase price at their discretion. Insubstantial defects are excluded from this right of withdrawal.All other claims to damages by the buyer are excluded.
4. The claim period ends 1 year after delivery of the goods.
§ 8 Exchange and return
1. Exchange and/or return of delivered goods is not possible unless the goods are defectiveor the seller has agreed to the exchange or return in writing. In this case the seller may chargea reshelving fee of 15% of the net value of the goods. The freight costs must be born by thebuyer.
§ 9 Liability
1. The buyer has no right to claim damages or expenses irrespective of their cause in law.
2. The seller can only be held liable for intental or gross negligence.
3. The product liability law, physical injury and breach of cardinal obligations invalidate theabove-stated exclusion of liability. In case of breach of cardinal obligations the seller’s duty tocompensate for damage is limited to predictable and typical damages.
§ 10 Limitation of claim
The right of claims is limited to 1 year after delivery of the goods.
§ 11 Place of fulfillment, place of jurisdiction and legal regulation
1. The seller’s address of record is place of fulfi llment for both parties.
2. The seller’s address of record is place of jurisdiction for the settlement of business disputesbetween the parties. However, the seller has the right to sue the buyer at the latter’s place ofjurisdiction.
3. German law is valid for judgement of any legal relationship betweenthe parties.