1. General
(1) All offers, purchasing contracts, deliveries and services based on orders made by our customers via our Online Shop www.pieperhangers.de (hereafter the "Webshop") are subject to these General Terms & Conditions.
(2) The product range in our Webshop focuses exclusively on commercial end users and businesses. The purchaser confirms that he is a commercial end users or business when completing the order process.
(3) The customer's terms & conditions are not applicable, even if we do not separately object to their validity in individual cases.
2. Conclusion of Contract
(1) Our offers in the Webshop are non-binding.
(2) Once the customer has placed an order in the Webshop the order to purchase the respective product becomes binding. The customer is bound to the offer up to the end of the following third working day after the order has been made.
(3) We will send the customer immediately after receipt of the offer a confirmation of receipt, which does not constitute an acceptance of the offer. The offer is considered as accepted by us, as soon as we declare its acceptance to the customer (by e-mail) or dispatch the order. The purchasing contract with the customer only comes into being once we have accepted it.
(4) Every customer, who is a consumer, has the right to cancel the offer in accordance with the cancellations and returns policy, which is published on our website as part of the order, and to send the goods back.
3. Prices and Payment
(1) Prices for products quoted in the Webshop are net prices. Statutory VAT, shipping costs, custom duties, and similar charges are listed separately in the order and/or invoice overview and must be paid by the customer.
(2) Unless other arrangements have been specifically agreed we only deliver on the basis of prepayment, cash upon delivery or payment via PayPal. Bank details for prepayment are given on the Webshop order form. Invoiced dispatch requires our written agreement. In this case our invoice may be attached to our acceptance e-mail.
(3) If an invoiced delivery has been agreed, our invoices are payable within ten working days after dispatch of the goods and receipt of the invoice by the customer.
(4) The customer has no right to offset or withhold payment unless the counterclaim is indisputable or determined by law.
4. Shipment of Goods
(1) We will send the goods to the customer, at the latest, according to the dispatch date given on the relevant offer page at time of ordering, whereby this is only valid as an approximate date and may therefore be exceeded by two to three working days. All other goods are sent within three weeks. The relevant time period allocated for the dispatch date begins (a) when the delivery is agreed by prepayment - on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) when payment has been agreed as cash upon delivery or through invoicing - on the day the purchasing contract has been completed.
(2) If the goods are signified as “in stock” when the customer places the order in the Webshop then we will reserve the goods for a time period of five working days after we have accepted the offer; if payment is not made within this time period then we have the right to sell the goods on at any time. In this case dispatch is only carried out within the aforementioned five working day period as long as stocks last. Otherwise a time period of three weeks applies from the date of receipt of payment as agreed.
(3) We have the right to make partial deliveries of products placed in an order if these products can be used separately, whereby we will bear the costs of additional shipping that may arise.
5. Dispatch, Insurance and Transfer of Risk
(1) Unless it has been explicitly agreed, we will determine the appropriate shipping method and the transport agent at our own discretion.
(2) We are only obliged to supply the goods in time and properly to the transport agent and are not responsible for any delays caused by the transport agent. A delivery time quoted in the Webshop is therefore not binding.
6. Proprietary Rights
(1) We retain proprietary rights to the goods delivered by us until the purchase price (including VAT and shipping costs) is paid in full.
(2) The customer already surrenders to us at this point the claims in the case of a possible re-sale - up to the amount of the purchase price payable to us plus a surcharge of 20%. We hereby authorise the customer to collect the claims surrendered herewith in the course of normal business transactions, whereby we may cancel this authorisation at any time should the customer fail to meet payments.
7. Guarantee
(1) In the case of delivered goods being faulty, the customer may choose to demand the rectification of the fault or the delivery of goods without faults. If the customer is a business, we may choose to rectify the faults or to deliver goods without defect. This choice can only be made known by notifying the customer in writing (also by fax or e-mail) within three working days after the defects have been reported. We can refuse the type of supplementary service chosen by the purchaser if this can only be carried out at unreasonable cost.
(2) Should the supplementary service point 7 (1) fail or if it is unacceptable to the customer or if we refuse to carry out the supplementary service then the customer has the right to cancel the purchasing contract according to legislative regulations, to ask for a price reduction or to demand compensation for damage or for unsuccessful expense. In case of customer claims for compensation for damage, the special regulations of point 8 of these General Terms & Conditions also apply.
(3) The guarantee period is twelve months from delivery.
(4) The following applies to businesses only: The customer must carefully inspect the goods immediately upon receipt. Delivered goods are considered to be approved by the customer, if a defect, in the case of obvious faults, is not reported to us within five working days after delivery or, in other instances, within 5 working days after discovery of the defect.
8. Liability
(1) Our liability for negligence (except gross negligence) is limited to an amount of 10% of the relevant purchase price (including VAT) in cases of delay in delivery.
(2) We are not liable for damage (for whatever legal reason), which was not to be typically expected in relation to the type of the particular order and goods and their usage in normal circumstances. The aforesaid limitation of liability does not apply in cases of intent or gross negligence.
(3) The limitations of § 8 do not apply to our liability for guaranteed quality features (in terms of § 444 BGB) in cases of fatal or physical injury or damages to health or according to the product liability act.
9. Data Protection
(1) We can process and store the data that applies to the particular order, provided this is necessary to carry out the processing and handling of the purchasing contract and as long as we are duty bound by legislative regulations to store this data.
(2) We reserve the right to pass on personal customer data to enquiry agents, provided this is necessary, in the course of ascertaining credit worthiness, and provided that the customer has explicitly given his consent in the particular instance. We will not pass on personal customer data to third parties without the formally declared consent of the customer, except in cases when we are legally bound to submit data.
(3) The collection, transfer or other processing of personal customer data for purposes other than mentioned in this point 9 is not permitted.
10. Applicable Law and Place of Jurisdiction
(1) The purchasing contract between us and the customer is based on German Federal Legislation, with the reservation of mandatory regulations of international private law, excluding the UN Convention on the International Sales of Goods.
(2) If the customer is a merchant in terms of § 1, Paragraph 1 of the Commercial Code (HGB), a legal entity under public law or special fund under public law, then the courts in Hameln are deemed to be exclusively responsible for all disputes resulting from or in connection with the particular contractual relationship. In all other cases, pieperconcept or the customer can file a claim at any court responsible on the basis of legislative regulations.
11. Severability Clause
Should one or more conditions of these General terms and Conditions become invalid, the validity of remaining conditions is unaffected. pieperconcept GmbH & Co KG – Hangers for your brand image | Supplied to trade only. All prices exclude VAT and shipping charges.
