Part I

§ 1 Scope

The following terms and conditions apply to business with heinrichs weikamp gmbh. If the buyer is a consumer within the meaning of § 13 BGB, only Part I of the General Terms and Conditions applies. If the buyer is an entrepreneur within the meaning of § 14 BGB, Part II applies in addition to and in deviation from this.

§ 2 Non-binding offer, conclusion of the contract

The presentation of the product range on the heinrichs weikamp gmbh server does not constitute a legally binding offer, but a non-binding online catalog. The orderer orders the goods / services he/she desires by sending the information to be completely filled out in the order form or order form. The Internet customer confirms the terms and conditions when ordering. In the case of informal orders, or orders with the order form, the terms and conditions are accepted by the customer. When the orderer places an order with heinrichs weikamp gmbh, heinrichs weikamp gmbh sends the orderer an e-mail confirming receipt of his order by heinrichs weikamp gmbh and listing its details. His order constitutes an offer to heinrichs weikamp gmbh to conclude a purchase contract. heinrichs weikamp gmbh accepts this offer when it informs the orderer by e-mail that it has shipped the goods. No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation e-mail.

§ 3 Validity of the General Terms and Conditions

These General Terms and Conditions apply exclusively. General terms and conditions of the orderer only apply insofar as heinrichs weikamp gmbh has expressly agreed to them in writing.

§ 4 Procurement risk Withdrawal from the contract

heinrichs weikamp gmbh does not assume any procurement risk. It is entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract, it does not receive the delivery item itself; the seller’s responsibility for intent or negligence remains unaffected. heinrichs weikamp gmbh will inform the buyer immediately about the unavailability of the delivery item in good time and, if it wants to withdraw, exercise the right of withdrawal immediately; heinrichs weikamp gmbh will reimburse the buyer for the corresponding consideration immediately in the event of withdrawal.

§ 5 Right of return

The buyer can return the received goods without giving reasons within two weeks by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. Only in the case of goods that cannot be sent as a package, e.g. in the case of bulky goods, the buyer can also declare the return by requesting a return in text form, i.e. e.g. by letter, fax or e-mail. To meet the deadline, it is sufficient to send the goods or the request for return in good time. If the order value is more than 40.00 euros, heinrichs weikamp gmbh will reimburse the costs of the return. The return or the request for return must be made to:
heinrichs weikamp, Adlerstr. 7, 79098 Freiburg
In the event of an effective return, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) must be surrendered. It is pointed out that heinrichs weikamp gmbh may retain any reduction in value caused by the use of the item.

§ 6 Exclusion of liability for material defects in goods delivered by third parties

heinrichs weikamp gmbh is not responsible for material defects in the delivery, which it obtains from third parties and delivers unchanged to the orderer; the responsibility in case of intent or negligence remains unaffected.

§ 7 Retention of title

The delivery item remains the property of heinrichs weikamp gmbh until full payment has been made.

§ 8 Buyer’s obligation to give notice of defects

The buyer is obliged to notify heinrichs weikamp gmbh in writing of material defects and defects of title within two months after the point in time at which he discovered such a defect. The defects must be described as detailed as possible by the buyer. This regulation does not constitute an exclusion period for the buyer’s rights in respect of defects.

§ 9 Due date of the purchase price payment

The purchase price payment is due in full upon delivery. The buyer is in default without further explanations from heinrichs weikamp gmbh 14 days after the due date, if he has not paid. In the event of the existence of defects, the buyer is not entitled to a right of retention, unless this is in reasonable proportion to the defects and the expected costs of subsequent performance (in particular, rectification of a defect).

§ 10 Liability for damages in addition to / instead of performance

(1) heinrichs weikamp gmbh is liable in cases of intent or gross negligence on the part of heinrichs weikamp gmbh or a representative or vicarious agent in accordance with the statutory provisions. In all other respects, heinrichs weikamp gmbh is only liable under the Product Liability Act, for injury to life, body or health, for culpable breach of essential contractual obligations or to the extent that the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations is limited to the contractually typical, foreseeable damage. However, liability for damage caused by the delivery item to the buyer’s legal interests, e.g. damage to other items, is completely excluded. The provisions of sentences 3 and 4 of this paragraph 1 do not apply if there is intent or gross negligence or if liability is assumed for injury to life, body or health or if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item.
(2) The provision of the above paragraph 1 extends to damages in addition to performance and damages instead of performance, regardless of the legal basis, in particular due to defects, the breach of obligations arising from the contractual relationship or from tort. It also applies to the claim for reimbursement of futile expenses. However, liability for default is determined in accordance with § 11, liability for impossibility in accordance with § 12.
(3) A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.

§ 11 Default

(1) If the non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. strike or lockout, the deadlines shall be extended appropriately.
(2) heinrichs weikamp gmbh is liable in the event of a delay in performance in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent in accordance with the statutory provisions. In other cases of delay in performance, the seller’s liability for damages in addition to performance is limited to 5% and for damages instead of performance to 8% of the value of the delivery. Further claims of the buyer are excluded even after expiry of a deadline possibly set to heinrichs weikamp gmbh for performance. The above limitation does not apply to liability for injury to life, body or health. A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.

§ 12 Liability for impossibility

If the delivery is impossible and heinrichs weikamp gmbh does not exercise its rights under § 4, the buyer is entitled to demand damages in accordance with the statutory provisions. However, the buyer’s claim for damages in addition to or instead of performance and for reimbursement of futile expenses is limited to 10% of the value of that part of the delivery that cannot be used due to the impossibility. Further claims of the buyer due to impossibility of delivery are excluded. This restriction does not apply if liability is assumed in cases of intent, gross negligence or for injury to life, body or health. The buyer’s right to withdraw from the contract remains unaffected. A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.

§ 13 Withdrawal from the contract

The buyer can only withdraw from the contract within the framework of the statutory provisions if heinrichs weikamp gmbh is responsible for the breach of duty. In the event of breaches of duty, the buyer must declare within a reasonable period of time after being requested by heinrichs weikamp gmbh whether he withdraws from the contract due to the breach of duty or insists on delivery. In the case of defects, however, the statutory provisions remain in effect.

§ 14 Limitation

(1) The limitation period for claims for damages due to defects, regardless of the legal basis, is one year.
(2) The limitation period according to paragraph 1 also applies to other claims for damages against the seller, regardless of their legal basis. It also applies insofar as the claims are not related to a defect.
(3) The above limitation periods apply with the following proviso:
a)The limitation period generally does not apply in the case of intent
b)The limitation period of paragraph 1 also does not apply if heinrichs weikamp gmbh has fraudulently concealed the defect or if heinrichs weikamp gmbh
has assumed a guarantee for the quality of the delivery item. If heinrichs weikamp gmbh has fraudulently concealed a defect, the applicable periods of § 438 paragraph 1 no. 3 (other items) apply instead of the period mentioned in paragraph 1, excluding the extension of the period in case of fraudulent intent according to § 438 paragraph 3 BGB, unless another exceptional case according to this paragraph 4 exists.
c)The limitation period does not apply to claims for damages in the cases of injury to life, body or health or freedom, for claims under the Product Liability Act, for a grossly negligent breach of duty or for a culpable breach of essential contractual obligations.
(4) The limitation period begins with the delivery for all claims for damages.
(5) Insofar as this provision speaks of claims for damages, claims for reimbursement of futile expenses are also covered.
(6) Unless expressly stipulated otherwise, the statutory provisions on the commencement of the limitation period, the suspension of expiry, the suspension and the recommencement of periods remain unaffected.
(7) A change in the burden of proof to the detriment of the buyer is not associated with the above regulations.

§ 15 Offsetting

The buyer can only offset claims that are undisputed or have been legally established.

§ 16 Data protection

heinrichs weikamp gmbh undertakes to use stored personal data of the buyer exclusively for the execution of the purchase contract and to treat them confidentially even after the end of the contract.

§ 17 Final provisions

Amendments and supplements are made by the management. Verbal agreements or declarations of other persons who are not specially authorized to do so by the supplier are only effective if they are confirmed in writing by the management of the supplier. Any verbal side agreements made are ineffective.

§ 18 Severability clause

If individual provisions of these General Terms and Conditions should be or become invalid or this contract contains gaps, this shall not affect the validity of the remaining provisions. In place of the invalid provision, that valid provision shall be deemed agreed which corresponds to the meaning and purpose of the invalid provision. In the case of gaps, that provision shall be deemed agreed which corresponds to what would have been agreed according to the meaning and purpose of this contract if the matter had been considered from the outset.

§ 19 Place of jurisdiction and applicable law

The place of performance is the registered office of heinrichs weikamp gmbh in Freiburg im Breisgau.
The sole place of jurisdiction is, if the buyer is a merchant or if it is a legal entity under public law or a special fund under public law or if his domicile is outside the Federal Republic, for all disputes arising directly or indirectly from the contractual relationship, the registered office of heinrichs weikamp gmbh. However, heinrichs weikamp gmbh is also entitled to sue at the buyer’s place of business.

The legal relations in connection with this contract are exclusively subject to German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

Part II – Additional agreement for entrepreneurs within the meaning of § 14 BGB

$ 20 Liability towards entrepreneurs within the meaning of § 14 BGB

In deviation from § 10, § 11 and § 12, the rights of the buyer are limited to subsequent performance, the right to reduce the purchase price or the right to withdraw from the contract. Claims for damages are excluded.