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Contractual Partner
BIEGERT & FUNK PRODUCT GMBH & Co. KG
Goethestraße 29
73525 Schwäbisch Gmünd
Telefon: +49 (0) 7171 – 104999-0
Telefax: +49 (0) 7171 – 104999-22
E-Mail: mail@qlocktwo.com
Amtsgericht Ulm
Register-Nr.: HRA 721409
USt-IdNr.: DE264105636
Persönlich haftende Gesellschafterin:
Biegert & Funk Verwaltungs GmbH
Amtsgericht Ulm
Register-Nr.: HRB 702171
Vertretungsberechtigte Geschäftsführer:
Marco Biegert, Andreas Funk
Terms and Conditions
§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between Biegert & Funk Product GmbH & Co. KG and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Biegert & Funk Product GmbH & Co. KG and the purchaser in writing, in individual cases.
§ 2 Contract conclusion
1. At Biegert & Funk Product GmbH & Co. KG orders can be made via e-mail or over the webshop. An incoming order to Biegert & Funk Product GmbH & Co. KG constitutes an offer to conclude a sales contract with Biegert & Funk Product GmbH & Co. KG.
2. The sales contract between Biegert & Funk Product GmbH & Co. KG and the purchaser shall exclusively be brought about if Biegert & Funk Product GmbH & Co. KG dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Biegert & Funk Product GmbH & Co. KG. A contract will not be concluded for any goods that have been ordered but that are not included in the con-signment. The contractual partners are the purchaser and Biegert & Funk Product GmbH & Co. KG.
Each order is subject to acceptance by Biegert & Funk Product GmbH & Co. KG and may be refused for any reason, including credit concerns, unusual volumes, or shipping addresses.
§ 3 Revocation, revocation consequences
1. If the purchaser is a consumer, he can revoke the contract within 14 days after receipt of the goods. The revocation must be effected in writing (also by e-mail) or by returning the goods to the following address:
Biegert & Funk Product GmbH & Co. KG, Goethestraße 29, 73525 Schwäbisch Gmünd, Germany
To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions.
2. The purchaser is obliged to pay the usual costs of the return consignment, if the delivered goods correspond to the ordered goods and if the value of the returned goods has a gross amount of up to 40,00 EURO or if, at the time of revocation and in the case of a higher value of returned goods, the purchaser has not paid the respective price or an installment that has been contractually agreed on. The return consignment is otherwise free of charge for the purchaser.
3. Goods, particularly which configured after customer’s requests are excluded from the right of revocation.
§ 4 Delivery, cost of delivery, time of delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the Biegert & Funk Product GmbH & Co. KG warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. The purchaser has to pay for all delivery costs. Biegert & Funk Product GmbH & Co. KG will inform the purchaser about these costs in the order confirmation. The delivery costs depend on the required shipping option as well as on the size and weight of the consignment. If not otherwise required by the purchaser, Biegert & Funk Product GmbH & Co. KG uses the cheapest shipping option available with Deutsche Post, DHL, UPS or any other parcel service. The purchaser has to pay for any additional costs that accrue due to special forms of delivery requested by the purchaser (e.g. express delivery). Biegert & Funk Product GmbH & Co. KG will inform the purchaser about these costs on request.
3. In the order confirmation Biegert & Funk Product GmbH & Co. KG informs the purchaser about the approximate time of delivery. Biegert & Funk Product GmbH & Co. KG states this information on basis of the delivery information released by the specified shipper. Biegert & Funk Product GmbH & Co. KG does not guarantee to meet a special delivery date. Biegert & Funk Product GmbH & Co. KG is not responsible for goods sent not insured.
4. Transport damages must immediately be reported to the shipping agent.
§ 5 Payment, maturity and default, fees for payment transactions
1. All prices are given in EURO currency incl. 19% VAT. All prices are subject to be changed by Biegert & Funk Product GmbH & Co. KG at any time.
2. The purchaser can make payments only in advance by bank transfer or in advance by Paypal payment. Biegert & Funk Product GmbH & Co. KG only accepts payments made in EURO currency.
3. If the purchaser is in default of payment, Biegert & Funk Product GmbH & Co. KG shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If Biegert & Funk Product GmbH & Co. KG suffers a higher loss (e.g. due to return debit notes), Biegert & Funk Product GmbH & Co. KG can demand for reimbursement of the higher loss instead of default interest.
4. The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
5. The purchaser has to take care of any charges that may accrue from international bank transactions. If the payment is made by Paypal Biegert & Funk Product GmbH & Co. KG will charge the purchaser a fee depending on the order value. Biegert & Funk Product GmbH & Co. KG will inform the purchaser about the fee in the order confirmation in advance.
§ 6 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Biegert & Funk Product GmbH & Co. KG.
§ 7 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Biegert & Funk Product GmbH & Co. KG.
§ 8 Liability for defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods. Biegert & Funk Product GmbH & Co. KG is therefore not liable for any damages except for damages to the actual delivered goods.
2. The disclaimers of warranty or limitation of liability specified in paragraphs here in are also applicable to Biegert & Funk Product GmbH & Co. KG’s employees, representatives and vicarious agents.
3. The disclaimers of warranty or limitation of liability specified in paragraphs 1 and 2 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
4. In those cases where Biegert & Funk Product GmbH & Co. KG provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Biegert & Funk Product GmbH & Co. KG at the expense of Biegert & Funk Product GmbH & Co. KG within 30 days of receipt of the replacement delivery.
5. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§ 10 Applicable law
Only German law is applicable, under exclusion of the UN Convention on Contracts For The International Sale.
§ 11 Place of settlement and jurisdiction
Place of Settlement is regard to delivery and payment, and place of jurisdiction is Schwäbisch Gmünd, Germany.
§12 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.
