Conditions of Use

The contract is concluded under the exclusive application of our General Terms and Conditions.


General Terms and Conditions of the company Heino Büse MX Import GmbH

1 General
(1) The contract is concluded under the exclusive application of our terms and conditions (hereinafter: GTC); conflicting or deviating from our terms and conditions of the customer, we do not recognize, unless we have expressly agreed in writing to their validity. Our GTC shall also apply if we fulfill our contractual obligation without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our GTC.
(2) Our GTC shall only apply to an entrepreneur (§§ 310 I, 14 BGB), a legal entity under public law or a special fund under public law.
(3) All agreements made between us and the customer for the purpose of amending the contract or for the purpose of executing this contract shall be set down in writing. This shall also apply to supplements. The written form requirement may only be waived in writing for the individual case.
(4) Our General Terms and Conditions shall also apply to all future transactions with the Customer.
(5) The place of jurisdiction and performance shall be Aachen.
(6) The contract is subject to German substantive law.


2nd Offer
(1) Our offer is subject to confirmation.
(2) The documents submitted prior to the offer, such as advertising brochures, etc., as well as the documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are subordinate to the performance description in our offer, unless they are expressly designated as binding and have priority. In the event of contradictions between the performance description and the aforementioned documents, the performance description in the offer shall take precedence. The same shall apply to information in advertising.
(3) We can accept orders within 3 weeks, unless a different binding period has been agreed in writing.

 

3 Prices - Terms of Payment - Price Adjustment
(1) Unless otherwise stated in the order confirmation, our prices shall apply "ex works", excluding shipping costs; these shall be paid separately. We shall bear the shipping costs for goods with a net value of € 200.00 or more. If the value of the goods is less than 100.00 € net, we charge a packaging surcharge of 2.99 €. The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing. Unless otherwise stated in the order confirmation / invoice, the purchase price, including the price for ancillary services and disbursed costs, is due within 14 days of the invoice date with a 2% discount, otherwise within 30 days without deduction. Alternatively, the customer may grant us a SEPA Basic Mandate / SEPA Company Mandate. The customer assures to provide for the coverage of the account. The advance notice (pre-notification) is made as part of the goods invoice. The pre-notification period is 7 days, unless the legal requirements allow a further reduction of this period. Then these apply. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the customer as long as the non-payment or chargeback was not caused by us. Büse may demand advance payment for individual buyers and contracts without giving reasons. If the customer is in default of payment, § 288 BGB shall apply. We reserve the right to assert further damage caused by default. § 353 HGB remains unaffected. If the customer is in arrears with earlier payments, we reserve the right to deliver new incoming orders cash on delivery without discount. The right to deduct a cash discount shall generally lapse if payment is not made on time.

(2) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, he shall be entitled to exercise a right of retention under the aforementioned conditions to the extent that his counterclaim is based on the same contractual relationship.


4. compensation for damages due to unjustified non-acceptance
(1) If the customer withdraws from the contract without justification or fails to accept the goods within the agreed period or within a reasonable period of time, we may withdraw from the contract and claim damages. In this case, the risk of accidental loss or accidental deterioration of the goods shall also pass to the customer at the point in time at which the customer is in default of acceptance.
(2) The customer shall owe 30% of the net invoice amount as compensation for damages; if we can prove the occurrence of a higher damage, compensation for this damage shall be owed. The customer shall be entitled to prove that we have suffered no or less damage.

5. delivery time
(1) Unless binding delivery dates have been expressly agreed, stated delivery times are non-binding. The delivery period shall commence upon receipt of the order confirmation by the customer.
(2) If we are in default of delivery, a possible claim for compensation of the proven damages caused by the delay shall be limited to a maximum of 10% of the net delivery value. If the delay is due to intent or gross negligence or constitutes a material breach of duty, the statutory liability shall apply.
(3) If, after we have already defaulted, the customer sets us a reasonable deadline for performance or subsequent performance, he shall be entitled to withdraw from the contract after the fruitless expiry of this deadline; the customer shall only be entitled to claims for damages in lieu of performance in the amount of the foreseeable damage if the default is based on intent, gross negligence or a material breach of duty.


6 Transfer of risk
(1) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.
(2) If, in deviation from this, delivery "free domicile" has been expressly agreed, this shall not change the transfer of risk with the handover of the goods to the forwarder. In order to safeguard the rights arising from the forwarding contract, the customer is obliged to inspect the goods immediately upon receipt and to give notice of any damage caused by transport without delay, at the latest within one week of receipt of the goods. At the customer's request, we shall cover the delivery by transport insurance; the customer shall bear the costs incurred in this regard.

7. constructional changes
Changes to the design or form of the goods which are based on a technical improvement which has become known after conclusion of the contract or on a statutory order or DIN/EN standard which has come into force after conclusion of the contract are permissible, provided that the delivery item is not substantially changed as a result and the change is reasonable for the customer. Otherwise, both parties may withdraw from the contract without compensation.


8. retention of title

(1) We retain title to the goods until all claims arising from the delivery contract (including any balance claims from a current account) have been fulfilled. In case of breach of contract by the customer, in particular in case of default of payment, we shall be entitled to take back the goods. The taking back of the goods by us shall not constitute a withdrawal from the contract unless we have expressly declared this in writing. The seizure of the goods by us shall always constitute a withdrawal from the contract. After taking back the goods, we shall be entitled to sell them; the proceeds of sale shall be credited against the customer's liabilities - less reasonable costs of sale.
(2) The customer is obliged to treat the goods with care; in particular, he is obliged to insure them adequately at his own expense against damage by fire, water and theft at their replacement value.
(3) In the event of seizures or other interventions by third parties, the customer shall notify us immediately in writing. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.
(4) The customer shall be entitled to resell the goods in the ordinary course of business, but not to pledge them or assign them by way of security; however, the customer hereby assigns to us all claims in the amount of the final invoice amount agreed with us (including VAT) accruing to it against its customers or third parties from the resale, irrespective of whether the goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
(5) The processing or transformation of the goods by the customer shall always be carried out for us. The customer's expectant right to the goods shall continue in the transformed item. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.


9 Warranty - Customer recourse
(1) Only the description of the performance contained in the order confirmation or the contract shall be decisive for determining the contractual quality of the goods. We shall only assume a warranty if this is expressly agreed in writing and the promise is designated as a "warranty".
(2) The customer's warranty rights shall be subject to the condition that the customer has duly complied with its obligations to inspect the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB). Obvious defects shall be notified within 5 working days of receipt of the goods by the Buyer and non-obvious defects within 5 working days of their discovery. No. 10 (2) of our General Terms and Conditions of Business shall apply additionally to the return of goods due to defects.
(3) Insofar as the goods are defective, we shall be entitled to subsequent performance (at our discretion: rectification of the defect or delivery of a defect-free item). The customer may not carry out defect removal work himself or have it carried out by third parties without our prior consent; we shall not bear the costs of such work. In the event that we remedy the defect, we shall be obligated to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the goods were transported to a place other than the place to which we delivered the goods or which is specified in the contract as the place of destination.
(4) If the remedy of the defect fails or is refused by us or if the delivery of a defect-free item is refused by us, the customer shall be entitled, at its option, to withdraw from the contract or to demand a corresponding reduction of the purchase price (abatement).
(5) Unless otherwise stated below (para. 6), any further claims of the customer - irrespective of the legal grounds - shall be excluded. We shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, we shall not be liable for loss of profit or other financial losses of the customer.
(6) If the cause of damage is based on intent or gross negligence, we shall be liable in accordance with the statutory provisions. If we culpably violate an essential contractual obligation, liability shall be limited to the damage typical for the contract; otherwise, liability shall be excluded in accordance with paragraph (5).
(7) In the case of § 478 BGB (German Civil Code), we shall not be liable for damages, except in the case of gross negligence, insofar as a claim is made against our customer or his customer by an end consumer on account of defects in the goods.
(8) The warranty period is 1 year from the transfer of risk.


10 Returns - Exchange

(1) Return shipments shall only be accepted by us if they are made "free of charge"; in the event of justified notices of defect, we shall reimburse the shipping costs incurred by the customer in accordance with Section 9 (3) of our General Terms and Conditions.
(2) Each return shipment must be accompanied by a delivery bill in duplicate and a copy of our invoice. The reason for the return must be stated for the items to be identified by quantity, color and size as well as article number; in the case of complaints, the type of defect must be stated. In the case of complaints about chain kits, the proof of purchase from the end customer must be enclosed, insofar as our customer has delivered to the end customer.
(3) Unauthorized returns or returns without the information specified in No. 2 shall be returned by us at the expense of the sender. The same shall apply to returns for the purpose of repair, provided there is no defect.
(4) If goods are returned to us for exchange without a warranty case being present, we shall decide on their return at our own discretion. If we take the goods back, we will charge the following chargeback fee of 10% of our net sales price, at least 8.95 € per return.


11. claims for damages

(1) The customer shall have no claims for damages and reimbursement of expenses, irrespective of the legal grounds, in particular from the breach of obligations arising from the contractual relationship, which do not constitute warranty claims.

(2) This shall not apply insofar as liability is based on mandatory standards, in particular under the Product Liability Act, in the event of intent or gross negligence, in the event of injury to life, limb or health, in the event of breach of material contractual obligations. In the event of a breach of material contractual obligations, the claim for damages shall be limited to the foreseeable damage typical for the contract, unless there is intent, gross negligence or injury to life, limb or health. A reversal of the burden of proof to the detriment of the customer is not associated with this regulation.

 

Roetgen, september 2017

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