General Terms and Conditions
General terms and conditions
The following terms and conditions apply to all sales, contracts, deliveries and other services. If the contractual partner is not a consumer, all side-agreements require our written confirmation. Should one of the determinations be completely or partially ineffective, in the case of dispute the effective determination according to the General Terms and Conditions Act apply.
2. Defense clause:
Insofar as the buyer himself uses general terms and conditions, these are rejected. Only the here mentioned terms and any approval, potentially included in the contract, apply.
3. Conclusion of contract:
Our offers are non-binding. The purchase contract is concluded with our order confirmation or delivery of the goods. This applies to all orders, regardless of how they are received by us. Any side- agreements confirmed by us will be included in the contract in form of order processing or delivery of the goods.
Prices apply, except when otherwise stipulated, exclusive of transport, packaging, customs duties and other charges. The increase of production costs, in particular raw material prices, levies or if we have to pay transport costs, entitles us to a corresponding price adjustment.
5. Conditions of payment:
Except when otherwise stipulated, the purchase price is payable within 14 days from the date of invoice net cash. If you pay within 8 days from the invoice date, we grant a 2% discount on the value of the goods. In case of late payment by the buyer, we can demand dunning costs in the amount of 10, 00€ and interest in the amount of 5% above the respective base rate.
Except when otherwise stipulated, the delivery takes place from the warehouse to the delivery address specified by the customer. Delivery date is the shipping date. The risk passes to the customer as soon as the delivery has left our warehouse. This does not apply if the buyer is a consumer. Information about the delivery period is non-binding unless a binding delivery date has been agreed as an exception. If we are in default with the delivery, the buyer can withdraw from the unfulfilled parts of the contract after a period of grace from 20 days. Claims for damages of the buyer are excluded, if we are not responsible for intent or gross negligence.
7. Partial deliveries:
We can make partial deliveries and adjust the ordered quantity slightly according to the number of pieces per packaging unit.
8. Force majeure / self-supply:
Force majeure, shortage of raw materials, unpredictable manufacturing problems, traffic disruptions or other events which, despite our diligence, are unavoidable, extend the delivery period reasonably without any claim for damages. We are entitled to withdraw from the contract in whole or in part. The buyer is also entitled, after setting a reasonable period of grace, to withdraw from the part of the contract that has not yet been fulfilled. The right and timely self-supply of raw materials and components remains reserved.
The commercial purchaser must inspect the goods immediately after delivery and indicate any defects, including those caused by the shipment. Complaints regarding quantity, quality or type of goods must be reported in writing within 10 days of delivery. Hidden defects must be reported in writing immediately after discovery, whereby we have in case of a shortage of goods, at your discretion, the right of subsequent delivery or rectification of a defect. If the rectification fails or if the subsequently delivered goods are also defective, you can return the goods for a refund of the full purchase price. The warranty towards consumers is made in accordance with the statutory provisions. Damage to material defect, personal injury or consequential damage due to unsuitability for use, improper use or failure to observe the control measures or user information are excluded. The information on recommendations for the usability and treatment of the goods is available through to labeling and web pages and must be observed. Other manufacturer's warranties or extended warranty periods can be found in the product documentation.
10. Right of withdrawal:
As a consumer you have the right to terminate the contract within 14 days, without giving reasons. The revocation can be made in writing (e-mail is sufficient) or by returning the goods. The possibly paid purchase price of the goods will be refunded without further notice. If the customer returns damaged or used goods, the legally permissible amount will be deducted. For returns the buyer bears the shipping costs. If the goods have defects and are therefore returned, the amount for shipping costs can be refunded. To meet the deadline timely dispatch to: Profi Products, Floersheimer Ring 6, D-67705 Trippstadt, is sufficient.
It is expressly agreed:
If the purchaser is an entrepreneur there is no right to unfounded revocation. Contracts between registered traders may also be subject to specially negotiated agreements.
Excluded from the return are:
Goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature.
11. Retention of title:
Until full payment of all claims from the business relationship, the goods remain our property without restriction. The buyer is entitled to sell the goods in the ordinary course of business.
12. Contractual damage:
If the contractor acts intentionally or grossly negligently in infringement of trademark rights or assigns to third parties for such reputational damages and to exploitation of reputation, we are no longer bound to contracts for future deliveries. The clearance to advertise with our original packaging and product images will expire at the same time. In the case of a purposeful action for the purpose of exploiting the functional characteristics of our products, we reserve the right to take legal actions.
We use your stock data exclusively for processing your order. All customer data will be stored and processed by us in compliance with the currently valid data protection act (DPA). The full text is available on our website.
You have the right for free information, correction, blocking and deletion of your stored data at any time. Please contact us or write us by mail or fax.
We will not share your personal information, including your home address and e-mail address, with third parties without your explicit and revocable consent. This does not apply to our service partners, who require the transmission of data for the order processing (for example, the shipping company responsible for the delivery and the bank responsible for processing the payment). In these cases, however, the amount of the transmitted data is limited to the minimum.
In our web pages, cookies store information about your customer data only at your request, which can then be accessed on your next visit. The data stored in a cookie will relieve you from having to fill out the forms repeatedly. You can manage the acceptance of cookies on this page in your browser program and block them if necessary.
14. Applicable law:
German law is exclusively valid, excluding of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is Kaiserslautern.
PROFI PRODUCTS Tel: +49 (0) 6306 7017-0
Reiner Bayer Fax: +49 (0) 6306 7017-17
Floersheimer Ring 6 email@example.com
DE-67705 Trippstadt www.profi-products.de