General terms and conditions
1. Scope of application
For all business relations between Mr. Daniel Helmut Pinger and the customer, the following general terms and conditions apply exclusively in their version valid at the time of the order. Other and deviating conditions are only binding if a written agreement of Mr. Daniel Helmut Pinger is available.
Contractual partner is Mr. Daniel Helmut Pinger, Wiesenweg. 1, 53121 Bonn-Endenich whereas glazing-packers.com is a trademark of Mr. Daniel Helmut Pinger.
The offers of Mr. Daniel Helmut Pinger on the website glazing-packers.com are non-binding price information, errors excepted.
The customer’s order is an offer to us to conclude a purchase contract. This contract is concluded with the dispatch of the order confirmation by us.
In case of distance selling there is a right of revocation as follows:
2. Right of withdrawal for consumers
Consumers in the sense of § 13 BGB can revoke their contract declaration within one month without giving reasons in writing (for example by letter, fax and e-mail) or by returning the goods. The period begins at the earliest on the day after receipt of the goods and receipt of a detailed cancellation policy in text form.
To meet the cancellation deadline, it is sufficient to send the cancellation or the goods in time to Mr. Daniel Helmut Pinger, Wiesenweg. 1, 53121 Bonn e-mail: email@example.com In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If the consumer is not able to return the received performance in whole or in part or only in a deteriorated condition, the consumer shall pay compensation. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection. The consumer does not have to pay compensation for a deterioration caused by the intended use of the item.
Goods that have to be sent by parcel are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of € 40.00 or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed payment at the time of the revocation.
Otherwise, the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
This right of withdrawal does not apply in the exceptional cases regulated by law in the following cases
-Contracts for the delivery of goods that are made to customer specifications,
-Goods that are clearly tailored to the personal needs of the customer,
-goods that are not suitable for return due to their nature.
The right of withdrawal is excluded for orders that are made within the scope of a commercial/independent professional activity.
Prices are quoted ex-works Bonn, carriage forward unless otherwise stated in the written offer and order confirmation. Packaging, freight and customs duties are to be paid separately, unless otherwise stated in the written order confirmation.
Otherwise, the list prices at the time of the order as shown on our quotation documents and Internet pages shall apply, plus the statutory value added tax.
4. Terms of payment
The terms of payment, advance payments, due dates and partial payments as well as dates and deadlines shall result from the order confirmation. Unless otherwise agreed, payments for deliveries and services are to be settled in advance and payments for assembly services are also to be settled in advance immediately after receipt of the invoice. Mr. Daniel Helmut Pinger is entitled to demand advance payments as well as partial payments depending on the value of the rendered partial services. The customer is granted the right to avert these claims for partial payment by providing a guarantee of a major German bank.
Unless otherwise stated in the order confirmation, our prices are ex warehouse, excluding transport and assembly, which will be invoiced separately.
A cash discount deduction is not possible.
You are only entitled to a right of set-off if your counterclaims have been legally established, are undisputed or have been expressly acknowledged in writing by Daniel Helmut Pinger.
If the customer does not pay the agreed down payment or does not accept the goods after a reasonable period of time has been set, Daniel Helmut Pinger is entitled to withdraw from the contract and to claim damages for non-performance. If Mr. Daniel Helmut Pinger demands compensation because of non-fulfillment, then the
5. Delivery condition
Place of performance for delivery condition ex works is the registered office of the company Wiesenweg. 1, 53121 Bonn-Endenich
Delivery to another location, which is subject to a charge for the customer, shall be made by shipment ex warehouse to the delivery address provided by the customer. The type of shipment is at the discretion of Mr. Daniel Helmut Pinger. In case of delivery or collection, the risk is transferred to the customer when the goods leave the factory. In case of assembly services, the risk shall pass to the customer upon completion of the assembly.
Mr. Daniel Helmut Pinger is entitled to partial deliveries, as far as these are reasonable for the customer. Additional shipping costs for subsequent deliveries shall only be incurred if this has been expressly agreed in writing.
The regular delivery time of six weeks is not a binding delivery time. Estimated delivery times are given at the time of the offer. However, these can also vary until release. Binding delivery times can only be announced at the time of release and at the time of the corresponding production planning.
6. Retention of title
Mr. Daniel Helmut Pinger reserves the right of ownership of all deliveries until the fulfillment of all claims arising from the contractual relationship.
If the property is lost by installation, combination or mixing or any other way, the customer already now irrevocably assigns all claims for compensation and payment to which he is entitled to Mr. Daniel Helmut Pinger. If co-ownership is created by combination or mixing, Mr. Daniel Helmut Pinger acquires co-ownership of the new item in proportion of the value of the purchased item to the other items.
If the customer is a company in the sense of § 14 BGB (German Civil Code) the warranty is excluded, with the exception of liability due to intent or liability due to gross negligence. If the customer is a consumer in the sense of § 13 BGB, the warranty period for used items is one year, otherwise five years. If installations were made by Mr. Daniel Helmut Pinger, the warranty period for the installations is five years.
If there is a defect, Mr. Daniel Helmut Pinger shall be entitled to supplementary performance in the form of removal of the defect or delivery of an item free of defects, unless the warranty has been effectively excluded.
Mr. Daniel Helmut Pinger may refuse the type of supplementary performance chosen by the customer, if this would only be possible with disproportionately high costs and thus would be unreasonable for Mr. Daniel Helmut Pinger.
The liability regarding life, body and health remains unaffected in case of culpable breach of duty. In this case Mr. Daniel Helmut Pinger is liable as well as according to the legally mandatory liability from the product liability law.
8. Place of jurisdiction
The sole place of jurisdiction for all disputes arising from the contractual relationship and the resulting disputes is Bonn, if such a jurisdiction agreement is permissible.
The contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German international private law.
For delivery without assembly, the place of performance shall be Wiesenweg. 1, 53121 Bonn-Endenich.
For payments, the place of performance shall be the registered office of Wiesenweg. 1, 53121 Bonn-Endenich.
Should any of the provisions in these terms and conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply.