Terms and conditions
General terms and conditions (GTC) for dealer customers (B2B) from the area of sales and trade
§ 1 SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale and Delivery (hereinafter: GTC) apply to all business transactions between Lynx ® Georg Grahamer, Max Fischer Strasse 11, 86399 Bobingen (hereinafter: "Seller") and its customers (hereinafter: "Buyer"), if these are entrepreneurs (§ 14 BGB), a legal entity under public law or a special fund under public law. They also apply if they are not mentioned in later contracts. They also apply to all online business transactions between the buyer and the seller in e-commerce.
1.2 These GTC apply exclusively. Conflicting, additional or deviating terms and conditions of the buyer do not become part of the contract unless the seller has expressly agreed to their validity.
1.3 These terms and conditions also apply if the seller carries out the delivery without reservation in the knowledge of conflicting or deviating conditions or does not attach these terms and conditions to future transactions in individual cases.
1.4 Individual agreements made in individual cases always take precedence over these GTC. Verbal declarations before or at the time the contract is concluded are only binding if they are confirmed in writing.
1.5 Rights to which the seller is entitled under the applicable mandatory statutory provisions regarding these GTC remain unaffected.
1.6 Contract language is German. The German version of the General Terms and Conditions is authoritative for questions of interpretation and disputes.
§ 2 OFFER AND CONCLUSION OF CONTRACT
2.1 Seller's offers are subject to change and non-binding unless they are expressly designated as a binding offer. They only represent an invitation to the buyer to submit a corresponding offer to the seller by placing an order. All information about the goods in catalogs and brochures, the presentation of goods on the website and in the seller's online shop, in e-commerce and in other advertising media, as well as information on the fulfillment of legal requirements are intended to provide an overview about the goods and do not become part of the contract unless this is expressly agreed.
2.2 Purchaser's orders contain binding offers. The seller can accept orders within 14 days of their receipt. The acceptance of orders takes place through a separate order confirmation from the seller or the delivery of the ordered goods or the invoicing.
2.3 If the buyer orders via the seller's online shop in e-commerce, the buyer will immediately confirm receipt of the order electronically. The confirmation letter does not constitute acceptance of the contract.
2.4 Decisive for the time of the conclusion of the contract is the receipt of the seller's order confirmation by the buyer or, in the case of immediate execution of the order, the delivery of the ordered goods to the buyer or the invoicing. If there is no order confirmation in individual cases or if the contract is concluded without an order confirmation, the information in the offer and then in the invoice from the seller are decisive for the content of the contract.
2.5 If the buyer has objections to the content of the order confirmation or the goods sent, he must object to them immediately. Otherwise the contract is concluded in accordance with the provisions and content of the order confirmation.
2.6 The seller is entitled to withdraw if the buyer provides incorrect information about his creditworthiness, the buyer has stopped making payments or an application has been made to open insolvency proceedings against his assets and the buyer does not make the payments owed within one week after a renewed request for payment.
2.7 The seller can stop the sale of individual products at any time for justified reasons, without the buyer being able to derive any rights or claims against the seller.
2.8 The commercial resale/trading of the seller's goods by the buyer on sales platforms and/or online marketplaces is only permitted with the express written consent/approval of the seller. A restriction on resale is based solely on objective and purely qualitative criteria and is otherwise non-discriminatory. The cessation of further delivery and the assertion of an appropriate contractual penalty in the event of resale without consent/approval remains reserved.
§ 3 CHANGES, DESCRIPTION OF GOODS
3.1 Customary or insignificant changes in the quality and quantity of the goods are permitted by the buyer in the case of series production as well as custom-made products. This applies in particular to insignificant color or material deviations. Raw and auxiliary material tolerances specified by the seller, as well as finished
Technically caused, unavoidable deviations do not constitute a reason for complaints on the part of the buyer, as long as the usability for the contractually agreed purpose is not impaired.
3.2 Likewise, deviations that occur due to legal regulations are permissible, provided they do not impair the usability for the contractually intended purpose. The buyer is obliged to inform the seller if his interest is limited exclusively to the type ordered and it is not permissible to deviate from this type under any circumstances.
3.3 An assurance or guarantee can only be accepted if the seller expressly declares it in writing.
3.4 Information about the goods sold by the seller (e.g. weights, dimensions, resilience, tolerances and data) as well as representations of the same (e.g. drawings and illustrations), in particular in brochures, catalogues, advertising literature and other documents as well as on the website and in the seller's online shop are only approximately applicable, unless the condition and usability for a specific purpose is contractually agreed and do not represent a guarantee of condition or durability by the seller.
§ 4 PRICES AND PRICE ADJUSTMENTS
4.1 Unless otherwise agreed, the prices stated in the seller's order confirmation apply in euros. The prices apply ex works of the seller and only for the scope of services and scope of delivery listed in the order confirmation. In particular, costs for freight, packaging, insurance, customs, public duties and sales tax are not included.
4.2 Statutory sales tax is shown separately on the invoice at the rate applicable on the day of invoicing. In the case of export deliveries, this also applies to customs duties and other public charges.
4.3 All prices contained in the order confirmation are calculated on the basis of the seller's purchase prices at the time the offer was made. Insofar as between the conclusion of the contract and the delivery of the goods ordered by the seller, cost increases that are unforeseeable at the time of the conclusion of the contract, in particular due to changes in the market, procurement, material and raw material prices, occur, which result in the seller only getting the goods from his supplier at a lower price economic conditions than was foreseeable at the time of concluding the contract with the buyer, the seller is entitled to adjust the prices agreed with the buyer within the framework of the changed circumstances and without charging an additional profit, if the goods or part of them are at least should be delivered 3 months after the conclusion of the contract. If the increase in the purchase price agreed with the buyer is more than 15%, the buyer can withdraw from the concluded contract. If the purchase prices demanded by the seller's suppliers increase or decrease by at least 5% compared to the purchase prices demanded at the time the offer was made, without the seller being responsible for this, delivery prices which have been changed upwards or downwards in the same percentage ratio shall be owed. Section 4.3 remains otherwise unaffected.
4.4 The seller is entitled to carry out outstanding deliveries or services only against advance payment or security if he becomes aware of circumstances after conclusion of the contract which are likely to significantly reduce the creditworthiness of the buyer and which endanger the payment of outstanding claims. This applies accordingly if the buyer refuses or does not pay the seller's outstanding claims and there are no undisputed or legally established objections to the seller's claims.
§ 5 TERMS OF PAYMENT
5.1 The available payment methods are shown under a correspondingly designated button on our website or in the respective offer. Purchase on account or purchase in advance is usual.
5.2 Unless otherwise agreed in writing, all invoices from the seller are to be paid immediately and without any deductions, free of postage and expenses, to the seller's account specified on the invoice within 30 days of the invoice date in EUR at the latest. If payment is made within 15 days, the seller grants a 2% discount. The delay in payment occurs after the 45th day, i.e. on the 46th day in accordance with § 286 || No. 1 BGB. On the 46th day without receipt of payment, the seller sends reminder 1 and on the 60th day reminder 2. After the reminder2, the claim is automatically handed over to collection (lawyer or collection agency) on the 70th day.
5.3 If the buyer is in arrears with a payment due, the seller is entitled to interest per invoice from the due date at a rate of 9 percentage points above the respective base interest rate plus a lump sum for late payment of EUR 40.00 and measured collection costs and legal fees and to make all outstanding invoice amounts due immediately. The seller reserves the right to claim higher damages caused by delay.
5.4 Bills of exchange and checks are only accepted on the basis of an express written agreement and only on account of payment. Discount charges and other exchange and check costs are to be borne by the buyer. The seller's rights from § 9 of these General Terms and Conditions remain in effect until all bills of exchange have been settled in full.
5.5 The seller is entitled to offset payments from the buyer against the buyer's oldest debt. If costs and interest have arisen, the seller is entitled to offset the payment against the costs, then against the interest and finally against the main claim.
5.6 If the buyer does not accept the purchased goods after the expiry of a grace period set for him (default in acceptance), the purchase price becomes due on the date of the seller's declaration of readiness for dispatch. At the same time, the seller can demand a lump sum for storage costs from the time of default of acceptance. Without special proof, this amounts to 0.5% of the net order value for each started week of default of acceptance and is limited to 5% of the net purchase price concerned. The buyer and the seller are at liberty to provide evidence that no, lower or higher storage costs were incurred in connection with the non-acceptance of goods. Other claims remain unaffected.
§ 6 OFFSET, RETENTION, ASSIGNMENT
6.1 Counterclaims of the buyer only entitle him to set off or to assert a right of retention if they have been legally established or are undisputed. This does not apply to a counterclaim due to a defect based on the same contractual relationship as the purchase price claim.
6.2 The assignment of any claims of the buyer against the seller from the contractual relationship to third parties requires the written consent of the seller to be effective. The seller will only refuse consent for legitimate reasons.
§ 7 DELIVERY, DELIVERY AND PERFORMANCE TIME AND PARTIAL DELIVERIES
7.1 Unless otherwise agreed, deliveries are made ex works of the seller (EXW Incoterms® 2020).
7.11 Delivery costs are calculated at a flat rate in the online shop. The costs for delivery ex works are invoiced separately, since it is unclear whether the buyer wants parcel shipping or shipping by a forwarding agency.
7.2 The delivery periods and delivery dates specified by the seller are expected, non-binding periods and dates. The seller is not liable for delays in delivery. Delivery periods and dates are only binding for the seller if he has expressly designated them as binding or confirmed them in writing. Unless otherwise agreed, deliveries are made by the seller on time if the goods are handed over to a transport person for transport to the buyer at the manufacturer's place of business or at the seller's place of business or warehouse or the seller has informed the buyer after the buyer's default of acceptance that the goods are ready for dispatch .
7.3 Agreed delivery periods do not begin before all documents, approvals and releases to be provided by the buyer have been provided, all questions have been clarified and an agreed down payment has been received. Adherence to the delivery period or the delivery date presupposes the timely and proper fulfillment of this and all other obligations of the buyer. Compliance with the agreed delivery times and dates is subject to the seller receiving timely and proper supplies to himself. The same applies to performance deadlines and delivery dates.
7.4 If the seller does not receive deliveries or services from manufacturers, pre-suppliers or subcontractors, or does not receive them correctly or on time, for reasons for which he is not responsible, or if events of force majeure occur, i.e. impediments to performance lasting more than four weeks through no fault of his own , the seller will inform the buyer in writing in good time. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled, the latter insofar as the seller has complied with the above information obligation and the hindrance to performance lasts longer than 2 months . Force majeure is equivalent to strikes or lockouts, even at sub-suppliers, official intervention, shortages of energy and raw materials, transport bottlenecks through no fault of one's own, operational hindrances through no fault of one's own, e.g. due to fire, water and equipment damage, cyber attacks, epidemics or pandemics and all other hindrances which, from an objective perspective, are not were culpably brought about by the seller.
7.5 If a delivery or service date or a delivery or service period has been agreed as binding and is due to events according to the above item r 7.4 this period or this date is exceeded by more than two months and if the buyer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can vis-à-vis the seller after the unsuccessful expiry of a reasonable grace period with the threat of rejection of the part not yet fulfilled withdraw from the contract. The occurrence of the delay in delivery is determined by the statutory provisions.
7.6 Partial deliveries are permitted if the partial delivery can be used by the buyer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the buyer does not incur any significant additional work or additional costs as a result.
§ 8 PASSING OF RISK, SHIPPING AND INSURANCE
8.1 The risk of accidental loss and accidental deterioration of the goods passes to the buyer when they are handed over to the forwarding agent, carrier or other person responsible for carrying out the shipment to the buyer. The seller has thus fulfilled his delivery obligation. This also applies if partial deliveries are made or if freight or free delivery is agreed for the buyer or if the seller chooses the type of shipment, shipping route or shipping person. At the request and expense of the buyer, the seller will insure the goods with transport insurance against the risks to be specified by the buyer.
8.2 If the handover or shipment is delayed due to circumstances for which the buyer is responsible, the risk passes to the buyer from the day on which the goods are ready for shipment and the seller has notified the buyer of this.
8.3 If the seller selects the shipping method, the shipping route and/or the shipping person, he is only liable for intent or gross negligence in the relevant selection.
§ 9 RESERVATION OF TITLE
9.1 The delivered goods remain the property of the seller until full payment of all claims to which the seller is entitled from the business relationship against the buyer.
9.2 The buyer is obliged to treat the goods subject to retention of title with care for the duration of the retention of title. In particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. The buyer hereby assigns to the seller all claims for compensation arising from this insurance. The seller hereby accepts the assignment. If an assignment should not be permitted, the buyer hereby irrevocably instructs his insurer to make any payments only to the seller. Further claims of the seller remain unaffected. Upon request, the buyer must prove to the seller that he has taken out insurance.
9.3 The buyer is not entitled to pledge the goods subject to retention of title, to assign them as security or to make other disposals that endanger the seller's property. In the event of attachments or other interventions by third parties, the buyer must inform the seller immediately in writing and provide all necessary information, inform the third party about the seller's property rights and cooperate in the seller's measures to protect the goods subject to retention of title. The buyer bears all costs for which he is responsible, which must be expended to remove access and to replace the goods.
9.4 The buyer hereby assigns the claims from the resale of the goods with all ancillary rights to the seller, regardless of whether the goods subject to retention of title are resold without or after processing. The seller already accepts this assignment. If an assignment is not permitted, the buyer hereby irrevocably instructs the third-party debtor to make any payments only to the seller. The buyer is revocably authorized to collect the claims assigned to the seller in trust for the seller. The amounts collected are to be paid to the seller immediately. The Seller may revoke the Buyer's authorization to collect and the Buyer's right to resell if the Buyer does not properly meet its payment obligations to the Seller, defaults on payments, stops making payments or if insolvency proceedings are instituted against the Buyer's assets. With the notification of the assignment to the third-party debtor, the buyer's right to collect expires. If the authorization to collect is revoked, the seller can demand that the buyer discloses the assigned claims and their debtors, provides all the information required for collection, hands over the associated documents and informs the debtors of the assignment.
9.5 If the buyer defaults on payment, the seller, without prejudice to his other rights authorized to withdraw from the contract. The buyer must grant the seller or a third party commissioned by the seller immediate access to the goods subject to retention of title, hand them over and notify them where they are. After a corresponding timely warning, the seller can otherwise use the goods subject to retention of title to satisfy his due claims against the buyer.
9.6 At the request of the buyer, the seller is obliged to release the securities to which he is entitled insofar as the realizable value of the securities, taking into account customary bank valuation discounts, exceeds the seller's claims from the business relationship with the buyer by more than 20%. The valuation is based on the invoice value of the goods subject to retention of title and the nominal value of receivables.
9.7 In the case of deliveries of goods to other legal systems in which the retention of title regulation according to Section 9 does not have the same security effect as in the Federal Republic of Germany, the buyer grants the seller a corresponding security interest. If further declarations or actions are required for this, the buyer will make these declarations and participate in all measures that are necessary and beneficial for the effectiveness and enforceability of such security interests.
9.8 If the seller exchanges goods under warranty, it is agreed that ownership of the affected goods shall pass from the buyer to the seller as soon as the seller receives the goods from the buyer.
§ 10 GOODS RETURNS AND WITHDRAWALS
10.1 Goods may only be returned by the buyer after prior consultation with the seller. In the case of voluntary return of goods, for which there is no legal obligation on the part of the seller, the goods may only be returned within two weeks of the seller's written approval and only in unopened and resalable original packaging.
10.2 For voluntary returns of goods for which the seller is not legally obliged to take back, for which the buyer is responsible or wishes, the buyer owes a processing and restocking fee of 10% of the net purchase price, at least EUR 10.00 per transaction The seller reserves the right to assert claims.
10.3 In the case of voluntary return of goods, the buyer bears the freight risk and freight costs for the return.
10.4 For goods taken back voluntarily, the seller shall issue a goods credit to the buyer, which can only be settled by offsetting a goods delivery claim from a new goods order by the buyer. Cash refunds are excluded unless otherwise specified by the seller.
§ 11 CONDITION, USE, NOTIFICATION OF DEFECTS
11.1 The basis of the seller's warranty, insofar as there is one, is primarily the subjective requirements for the contractual conformity of the goods based on the agreed quality and the agreed specifications and use at the time of delivery. Unless these General Terms and Conditions regulate something different, the statutory regulations apply. The seller guarantees that the delivered goods have the agreed quality, provided they are used by the buyer as intended or in accordance with normal use. Enclosures, lists and other documents of the buyer do not become part of a quality agreement unless the seller has expressly agreed to their validity.
11.2 The delivered goods are only intended for the specified and approved purposes. The seller assumes no liability for expenses and damage resulting from use that deviates from the intended use according to Section 11.1 without prior express confirmation. The buyer undertakes to indemnify the seller against all claims by third parties for personal injury and/or damage to property if these expenses and damages are incurred in connection with the use of the goods for non-approved, prohibited or non-intended purposes according to Section 11.1 without prior express consent of the seller have arisen.
11.3 The buyer's warranty rights presuppose that he has complied with his duties to examine and give notice of defects. In particular, he must carefully inspect the delivered goods upon receipt within one working day of delivery to determine whether they correspond to the goods and quantity ordered and whether there are any recognizable transport damages or defects recognizable from other examinations of the goods that are customary in the general course of business. The buyer must notify the seller of any defects or damage to the goods that can be identified during such an inspection in writing immediately after receipt of the goods, stating the specific complaints and symptoms of the defect, as well as the article number and quantity of the affected display goods. The buyer must report hidden defects and field failures to the seller in writing immediately after their discovery, providing the relevant information as per sentence 2 and stating the place and date of their occurrence. The notification is deemed to be immediate if it is made within three working days at the latest, whereby sending the notification or making a complaint to the seller is sufficient to meet the deadline. If the buyer fails to carry out the proper inspection or notification of defects with the above information, the seller's liability for defects that are not reported, not reported properly or not in good time is excluded, in particular warranty claims in accordance with Section 12.
11.4 The buyer gives the seller the opportunity and the necessary time to check the reported defects and any measures already taken - also by third parties - without delay. He must present the goods complained about to the seller immediately or make them accessible and submit complaint and service reports. At the request of the seller, the buyer is obliged to have the quality of the goods and the complaints made recorded by a neutral expert or must give the seller or his sub-supplier the opportunity to check the identity and quality of the goods complained of on the spot . Otherwise he cannot invoke the reported defects to the seller.
ARTICLE 12 WARRANTY
12.1 If there are defects in the goods at the time of the transfer of risk, the buyer has the right to subsequent performance by remedying the defect or replacing the goods free of defects, at the discretion of the seller within a reasonable period of time. The seller's right to refuse supplementary performance under the statutory requirements remains unaffected. If the seller is not willing or not able to provide supplementary performance after a reasonable period of time, the buyer can choose to withdraw from the contract or reduce the purchase price. In the case of an insignificant defect, the buyer has no right of withdrawal.
12.2 The seller is entitled to make the supplementary performance owed dependent on the buyer paying the purchase price due. The buyer has the right to retain a part of the purchase price that is reasonable in relation to the defect.
12.3 Expenses required for the purpose of supplementary performance, such as transport, travel, labor and material costs, shall be borne by the seller if it turns out that there was a defect at the time of the transfer of risk. All necessary expenses are otherwise determined according to objective standards in accordance with these General Terms and Conditions, insofar as they are necessary and reasonable. The necessary expenses expressly do not include the purchaser's own expenses, as well as damages that are not necessarily linked to the rectification measure, as well as loss of use damages and frustrated expenses.
12.4 The buyer's warranty claims shall not apply if the buyer tries to repair the goods himself or through a third party or repairs or changes them himself or through a third party without the prior consent of the seller and if this makes it impossible or unreasonably difficult to remedy the defect.
12.5 Claims for reimbursement of expenses instead of damages instead of performance are excluded insofar as these were not necessary or a reasonable third party would not have incurred the expenses, which the buyer must demonstrate.
12.6 If, as a result of defectiveness of the goods delivered by the seller, the buyer had to take them back from a customer, accept a reduction in the purchase price or pay his customer damages or reimbursement of expenses, the rights against the seller specified in § 437 BGB and §§ 445a, b BGB are required , due to the lack of a deadline for supplementary performance asserted by the buyer's customer.
12.7 The limitation period for claims by the buyer is one year. The limitation period for warranty claims begins with the transfer of risk, at the latest with the delivery of the goods to the buyer. For all other claims, including those in tort, the limitation period begins when the buyer becomes aware or is grossly negligently ignorant of the circumstances giving rise to the claim and the person of the debtor. The seller's unlimited liability for damage resulting from breach of a guarantee or from injury to life, limb or health, for intent and gross negligence and for product defects under the Product Liability Act remains unaffected by this; the statutory limitation periods apply exclusively to these. If the goods have been used for a building in accordance with their intended use, the statutory statute of limitations applies.
12.8 The statute of limitations for claims within the supply chain in accordance with Section 445a of the German Civil Code (Bürgerliches Gesetzbuch, BGB) begins two months after the buyer has asserted his claims customers fulfilled. This suspension of expiry ends no later than two years after the seller has delivered the goods in question to the buyer if the buyer is or has been granted equivalent compensation. Otherwise, the statutory provisions on supplier recourse shall apply.
12.9 A statement by the seller to the buyer regarding a notice of defects is not to be regarded as an acknowledgment of a defect or entry into negotiations about a claim or the circumstances on which a claim is based, unless negotiations are expressly entered into. This also applies to the involvement of third parties if the seller has rejected any claims.
12.10 The place of performance for supplementary performance and rectification is the Seller's registered office. The seller is also entitled to supplementary performance and repairs at the buyer's place of business.
12.11 The buyer is obliged to make the goods available to the seller for the purpose of supplementary performance.
§ 13 DAMAGES
13.1 The right of the seller to claim damages is based on the statutory provisions, unless otherwise specified in the General Terms and Conditions.
13.2 The seller is liable without limitation for damages resulting from the breach of a guarantee or from injury to life, limb or health. The same applies to intent and gross negligence, to mandatory statutory liability under the Product Liability Act and to liability for fraudulent concealment of defects. For the rest, the seller is only liable for damages for simple negligence in the event of a breach of an essential contractual obligation that arises from the nature of the contract, the fulfillment of which is essential for the proper execution of the contract and on which the buyer can regularly rely. Such essential contractual obligations of the seller are in particular his main performance obligations, such as the defect-free delivery of the goods. In the event of a negligent breach of essential contractual obligations, as well as in the event of delay or impossibility, the seller's liability is limited to the foreseeable, typically occurring damage. Unless otherwise regulated above, the liability of the seller is otherwise excluded.
§ 14 PRODUCT LIABILITY
14.1 The buyer will not change the goods without the prior consent of the seller, in particular he will not change or remove any existing warnings about dangers arising from improper use of the goods. In the event of a breach of this obligation, the buyer shall indemnify the seller internally against product liability claims by third parties, insofar as the buyer is responsible for the error triggering liability.
14.2 If the Seller is prompted to issue a product recall or warning due to a product defect in the Goods, the Buyer will support the Seller and take all reasonable measures ordered by the Seller. The buyer will provide the seller with all documents relating to the production, delivery and complaints about the goods. The buyer is obliged to bear the costs of the product recall or warning to the extent that he is responsible for the product defect and the damage that has occurred. Further claims of the seller remain unaffected.
14.3 The buyer shall immediately inform the seller in writing of any risks that he becomes aware of when using the goods and possible product defects or product failures in each individual case.
§ 15 INDUSTRIAL PROPERTY RIGHTS AND COPYRIGHTS
15.2 The seller remains the sole owner of all specifications, drawings, illustrations, etc., which are supplied or performed in connection with this contract. With the purchase of the products, no licenses or rights of use, property rights, rights equivalent to property rights or other rights to intellectual property and industrial property rights are transferred to the buyer. Excluded are rights associated with the delivery.
15.3 The goods may be subject to patent, trademark, copyright, design rights and other industrial property rights of third parties. Seller shall not be responsible or liable for any claim relating to any breach of any of these rights.
§ 16 DATA PROTECTION
Personal data of the seller are processed exclusively to fulfill the contract to which the seller is a party as the data subject, or to carry out necessary pre-contractual measures that are carried out at the request of the seller. The legal basis for processing is Art. 6 Paragraph 1 b) General Data Protection Regulation (GDPR). Irrespective of any statutory retention periods, this data will be deleted after the end of the contract. Responsible for this is Mr. Grahamer, Lynx ®, Max Fischer Strasse 11, 86399 Bobingen, info@lynx-sportswear.com or see contact details in the imprint.
ARTICLE 17 FINAL PROVISIONS
17.1 Transfer of Rights and Obligations of the buyer to third parties is only effective towards the seller with the written consent of the seller.
17.2 The place of performance for the contractual obligations is the place of business of the seller.
17.3 The place of jurisdiction for all disputes arising from the contractual relationship is the place of business of the seller. The seller is also entitled to bring an action at the buyer's registered office as well as at any other permissible place of jurisdiction.
17.4 Furthermore, in international contractual relationships, the seller has the right to appeal to the court of arbitration at the Augsburg Chamber of Industry and Commerce (IHK) as a plaintiff. In this case, the arbitral tribunal makes a final decision on the legal dispute in accordance with the rules of arbitration of the German Institution for Arbitration e.V. (DIS) to the exclusion of the ordinary legal process. The initiation of the judicial dunning procedure by the seller does not constitute an exercise of the right to choose.
17.5 The law of the Federal Republic of Germany applies to the contractual relationship, including its interpretation and implementation, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).
17.6 Should any provision of these GTC be or become wholly or partially invalid or unenforceable, or should there be a gap in these GTC, this shall not affect the validity of the remaining provisions. In their place, the effective or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision shall be deemed to have been agreed; the same applies if a situation that requires regulation is not expressly regulated.
Status: July 2022
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General Terms and Conditions (B2C)
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Georg Grahamer.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. You can view the text of the contract in our customer login.
4. Terms of Delivery
Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
PayPalPlus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment ddata, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Klarna's payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment period is [14] days from the dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany, Austria.
Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments based on the conditions specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the specified countries): Germany, Austria.
Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
Direct debit: Available in Germany and Austria. The debit takes place after the goods have been dispatched. You will be informed of the time by email.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations in Germany and Austria.
More information about Klarna can be found here. You can find the Klarna app here.
Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to complete the ordering process and pay the invoice amount via Amazon, you must be registered there or first register and authenticate yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process.
Immediately after sending the goods, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information when orderingang.
invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
hire purchase
In cooperation with the online service provider PayPal, we offer you the option of purchasing in installments. A successful address and credit check is required. In addition to our terms and conditions, PayPal’s terms and conditions and data protection declaration apply to payment processing. You can find more information and the full terms and conditions of Paypal for installment purchases here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
coupons
Vouchers are valid from the date of purchase. The 3 years from the purchase date of the winning date also apply to partner campaigns. An extension of the period is only possible as a gesture of goodwill. There are no legal claims, as the time horizon of 3 years is enough time to make a purchase decision. Returns are paid as a voucher and not in cash or by bank transfer. There is no money transfer in general.
6. Retention of Title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Damage in transit
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in the event of injury to life, limb or health
* in the case of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed
* as far as the area of application of the Product Liability Act is open.
Information on where applicable Applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
* in the event of injury to life, limb or health,
* in the event of intentional or grossly negligent breach of duty,
* in the case of a promise of guarantee, if agreed, or
* as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de, is responsible. We will participate in a dispute settlement procedure before this body. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de, is responsible.
11. Corporate Clients:
Orders from corporate customers who do not have access to the Lynx range, but who have to produce larger quantities from the manufacturer or are withdrawn from a manufacturer's warehouse, are generally excluded from return despite distance selling.
An exchange for other products is also excluded. The exchange into other sizes is possible, but only if the stock goods are in stock at the manufacturer and the manufacturer takes the goods back in exchange. The exchange is excluded for production goods. The additional costs for handling and shipping are generally borne by the corporate customer, but at least a flat rate of EUR 100.00 net.
12. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
06/10/2021