General terms and conditions
- 1. Scope - Subject matter of the contract
- 2. Offer - Conclusion of contract - Offer documents
- 3. Prices and Terms of Payment
- 4. Delivery Time
- 5. Cancellation policy
- 6. Liability for defects
- 7. Liability for damage
- 8. Retention of title
- 9. Assembly
- 10. Alternative Dispute Settlement
- 11. Form of declarations
- 12. Place of contractual fullfilment - choice of law
§ 1 Scope - Subject matter of the contract
Our General Terms and Conditions apply to the delivery of movable goods in accordance with the contract concluded between us and the customer.
§ 2 Offer - Conclusion of contract - Offer documents
1. The order of the customer constitutes a binding offer that we can accept within one week by sending an order confirmation or by delivering the goods. Previously submitted offers by us are subject to change.
2. If the customer orders the goods electronically, the contract text and these GTC will be stored in a reproducible form and sent by e-mail at the customer's request.
§ 3 Prices and Terms of Payment
1. The offered purchase price is binding. This includes the statutory value added tax. All prices quoted are in Euro. For deliveries made to end-users in countries of the European Union, the applicable VAT of the Federal Republic of Germany shall apply, unless there are exemptions within the meaning of German VAT law. For orders from customers from outside the EU, prices are reduced by German VAT. The customer has to pay the country-specific pre- and sales taxes as well as any customs duties and fees himself.
2. The purchase price is payable without deduction within ten days of receipt of the goods. The legal rules regarding the consequences of late payment apply.
3. The possible payment methods for the order are specified in the order (before it becomes binding) or in written contracts in our offer or the order confirmation. The same applies to packaging, postage and freight costs as well as the costs of a cash on delivery shipment.
4. Price changes are permitted if there is more than four months between the conclusion of the contract and the agreed delivery date. If the wages or material costs change after delivery, we are entitled to change the price appropriately according to the cost increases or the cost reductions. The customer is only entitled to withdraw if a price increase exceeds the increase in the general cost of living between order and delivery not only insignificantly.
5. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, undisputed or recognized by us. Furthermore, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 4 Delivery Time
If delivery times are specified by us, these are generally non-binding, unless we have expressly confirmed a fixed delivery date. If we have made other delivery periods the basis for placing the order, such periods will be extended in the event of strikes and cases of force majeure , for the duration of the delay. The same applies if the customer does not fulfill any cooperation obligations. Partial deliveries within reasonable limits are permitted.
§ 5 Cancellation policy
Right of withdrawal:
If the customer is a consumer, he has the right of withdrawal as follows:
The customer has the right to cancel this contract within fourteen days without giving any reason.
The deadline for revocation is fourteen days, starting on the date on which you or a third party nominated by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must contact us (Gotthilf Benz Turngerätefabrik GmbH + Co. KG, Grüninger Strasse 1-3 in 71364 Winnenden, phone: 07195 / 6905-0, fax: 07195 / 6905-77, E -Mail: email@example.com) by means of a clear explanation (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. You can also electronically fill in and send the model withdrawal form or another clear declaration on our website (www.benzsport.de). Should you make use of this option, we will provide you with immediate confirmation of receipt of such a revocation (for example by email).In order to comply with the deadline for revocation, it suffices for you to send the notification concerning the exercising of the right of revocation prior to the expiry of the deadline for revocation.
Consequences of revocation
Should you revoke this contract, we must immediately and at the latest within fourteen days of the date on which the notification concerning your revocation of this contract was received by us, refund all payments which we have received from you, including the delivery costs (with the exception of the additional costs incurred due to you having selected a different method of delivery than the cheapest standard delivery provided by us).We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We can withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us or hand the goods over to us immediately and in all cases within fourteen days of the date on which you inform us of the revocation of this contract. The deadline is complied with if you send the goods prior to the expiry of the deadline of fourteen days. You must pay the direct costs of the return of the goods. You are only required to pay compensation for any loss of value in relation to the goods if this is due to use of the goods which goes beyond the extent necessary to check their quality, properties and functions.
Exclusion / expiry of the right of withdrawal:
Unless the parties have agreed otherwise, the right of withdrawal does not exist in the case of the following contracts:
1. Contracts for the delivery of goods that are not prefabricated and for which the production of an individual selection or specification by the consumer is relevant or that are clearly customised for the consumer's personal requirements.
2. Contracts for the delivery of goods, which can perish very quickly or expiration date of which would be quickly exceeded.
3. Contracts for the delivery of sealed goods, which are not appropriate for return due to health protection or hygiene reasons, if their seal has been removed after the delivery.
4. Contracts for the delivery of goods, if they have been combined inseparably with other goods after delivery, due to their condition.
5. Contracts for the delivery of alcoholic beverages, the price of which was arranged upon conclusion of the contract, but can be delivered no earlier than 30 days after conclusion of the contract, and whose current value depends on market fluctuations, over which the contractor has no influence.
6. Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery.
7. Contracts for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.
§ 6 Liability for defects
1. We shall be liable in the event of a defect in accordance with the statutory provisions, provided that there are no restrictions from the following. The customer must notify us of obvious defects in writing immediately after the defect has occurred. If the customer fails to display this notice and if he is a consumer, this does not limit his warranty rights If the customer is not a consumer, the rest of the German Commercial Code (HGB) is valid. Even in the latter case, warranty claims do not expire if we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
2. The limitation period for claims for defects in the delivery of new items is two years, calculated from the transfer of risk. For used items, the warranty period is one year, calculated from the transfer of risk. This does not apply as far as claims for damages due to defects are concerned. For claims for damages due to a defect, Section 7 applies.
3. We do not provide the customer with guarantees in the legal sense, unless these are expressly guaranteed in writing.
§ 7 Liability for damage
1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply in the event of injury to the life, body and health of the customer, claims due to the violation of cardinal obligations, i.e. H. of obligations that arise from the nature of the contract and if they are violated, the achievement of the purpose of the contract is at risk as far as compensation for delay damage (§286 BGB). In this respect, we are liable for every degree of fault.
2. The aforementioned disclaimer also applies to slightly negligent breaches of duty by our vicarious agents.
3. As far as the liability for damages against us is excluded or limited, this also applies to the personal liability for damages of our employees, workers, representatives and vicarious agents.
§ 8 Retention of title
1. We reserve ownership of the object of purchase until the purchase price has been paid in full.
2. The customer must immediately inform third parties about the enforcement measures relating to the goods subject to retention of title by handing over the documents necessary for an intervention; this also applies to other types of impairment. Regardless of this, the customer must inform third parties in advance of the rights to the goods .
§ 9 Assembly
Assembly services are to be performed in addition to the delivery of goods, and with that the following applies:
1. Before starting work, it must be ensured that all recesses and other precautions are completed and the necessary material (sand, cement, scaffolding and the like) has been made available by the customer. In addition, unhindered access for trucks must be guaranteed.
2. The agreed assembly prices are for normal conditions. In difficult conditions, additional costs will be charged separately.
3. Exercise bikes and similar equipment are delivered disassembled and packed in a box (without assembly).
§ 10 Alternative Dispute Settlement
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Form of declarations
Legally relevant declarations and notifications that the customer has to submit to us or a third party must be in writing. This restriction does not apply to the right of withdrawal to which the customer is entitled in accordance with Section §5 above.
§ 12 Place of contractual fullfilment - choice of law - place of jurisdiction
1. Unless otherwise stated in the contract, the place of fulfillment and payment is our registered office. The statutory provisions on the jurisdictions shall remain unaffected, unless otherwise stated in the special provisions of paragraph 3.
2. The law of the Federal Republic of Germany applies to this contract. This does not apply if special consumer protection regulations are more favourable in the customer's home country.
3. If the customer has no general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
4. If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is decisive for the place of jurisdiction. We are also entitled to sue the customer from his place of jurisdiction.
Turngerätefabrik GmbH + Co KG
07195 - 69 05-0
Offer / order:
|Hours of availability:||Monday - Thursday: 7:00 - 17:00, Friday: 07:00 - 12:00|
|Chief Executive Officer:||Dipl. Ing. Gunter Benz, Karin Benz,, Klemens Winkler|
|Personally liable partner:||Turngeräte-Verwaltungs GmbH, Stuttgart HRB 261545, Sandra Tisch|
|Tax ID:||DE 147 223 531|
|Content responsibility:||Klemens Winkler|
Banks: SWN Waiblingen: 7 007 185 (BLZ 602 500 10)
IBAN: DE14 6025 0010 0007 0071 85 BIC: SOLADES1WBN
Schwäbische Bank AG Stuttgart: 81 55 (BLZ 600 201 00)
IBAN: DE52 6002 0100 0000 0081 55 BIC: SCHWDESS
Postbank Stuttgart: 281 02-706 (BLZ 600 100 70)
IBAN: DE69 6001 0070 0028 1027 06 BIC: PBNKDEFF