§ 1 General terms and scope of application

1.) These terms and conditions apply to all current and future business relations.

2.) Our terms and conditions only apply to relations with companies within the meaning of § 310 par.1 in conjunction with § 14 of the German Civil Code.

3.) Deviating, conflicting or amending terms and conditions, even if known, shall not become components of the contract unless explicitly agreed to in writing.

4.) Our written confirmation is required for any transfer of the customer's rights and obligations that result from the purchase agreement.

§ 2 Conclusion of the contract

1.) Our offers are non-binding and subject to change. Our order confirmation shall be exclusively decisive for the scope of our contractual obligations.

2.) We reserve the right to make any changes in design, choice of materials, specifications and model even after sending an order confirmation, provided such changes are not in conflict with the confirmation of the order or with the customer's specifications. Furthermore, the buyer shall agree to any additional alteration proposals made by the seller, provided they are not unreasonable for the buyer.

3.) The conclusion of the contract is subject to the correct and timely supply of the ordered goods by our subcontractors. This shall only apply in the event that we are not responsible for such failure to deliver, particularly in cases where an appropriate agreement for coverage has been entered into with a supplier. The customer shall be informed of the non-availability of the requested product(s) without delay. Any payment shall be refunded promptly.

4.) Documents on which the offer or the order confirmation is based, such as illustrations, drawings and measurement and weight indications, are generally to be taken as approximate values, unless explicity designated as binding.

§ 3 Retention of title

1.) We retain title to all supplied goods until all amounts due have been paid in full. This retention of title also applies until all claims, including future and conditional claims, arising from the business relatioship with the customer have been fulfilled.

2.) The buyer may only resell the goods which are subject to retention of title in the normal course of business. The goods may no be pledged or transferred by way of security. The customer hereby transfers any resulting claims toward their business partners to us. We accept the transfer. Following this tansfer, the buyer is authorized to collect the claims. We reserve the right to collect the claims ourselves in the event that the buyer does not meet their payment obligations and is in default of payment.

3.) In the event that the goods are processed by the buyer, the retention of title shall also apply to the entire new item. The buyer acquires co-ownership corresponding to the ratio of the value of their goods to the value of the goods supplied by the seller.

4.) If the value of all securities for the seller exceeds the existing claims by more than 10% in the long term, we shall, at the request of the buyer, release securities as selected by the seller.

5.) We are entitled to exercise our rights to retention of title without withdrawing from the contract.

§ 4 Payment

1.) All prices are in euro and do not include packaging and transport. Packaging is charged at cost price and is only taken back if the seller is obligated to do so on the grounds of binding legal regulations.

2.) The VAT is not included in our prices; it shall be posted separately in the invoice at the amount required by law on the day of invoicing.

3.) Unless otherwise stated in the order confirmation, the Sofern sich aus der Auftragsbestätigung nichts anderes ergibt, the payable net (without deductions) is due within 30 days of the invoice date. ist der Kaufpreis netto (ohne Abzug) innerhalb von 30 Tagen ab Rechnungsdatum zur Zahlung fällig. The deduction of discounts requires a separate written agreement.

4.) If the payment term is culpably exceeded, we will charge interest at 8% above the respective base interest rate valid at the time. In the event that we are able to prove higher damage caused by the delay, we shall be entitled to claim such loss. The customer shall, however, be entitled to submit evidence to the effect that no or a considerably lower loss or damage has been caused to us as a result of the delay in payment.

5.) The customer shall only have a right to set off any payments only if the counterclaims have been legally confirmed or acknowledged by us in writing.

The buyer can only exercise their right of retention if the counterclaims are based on the same contractual relationship.

6.) In the event that more than 4 months should elapse between the conclusion of the contract and the delivery, the seller is entitled to appropriately increase the price so as to reflect any additional costs for material and wages as well as for other additional expenses to be paid by the seller, provided the seller is not responsible for the delay in delivery. In the event that the purchase price increases by more than 40%, the seller shall be entitled to withdraw from the contract.

§ 5 Delivery

1.) The indication of a delivery date takes place to the best of our judgement and may be reasonably extended should the buyer delay or neglect required or agreed upon concurrence activities on his part. The same applies to measures taking place within the context of labor conflicts, particularly strikes and lockouts as well as the occurance of unpredictable drawbacks which cannot be influenced by the seller, e.g. delivery delays by pre-suppliers, traffic and operational disruptions, material or energy shortage etc. Alterations of the delivered goods initiated by the buyer will also lead to a reasonable extension of the delivery time.

2.) Unless otherwise specified in the order confirmation, delivery ex warehouse is considered agreed upon. The agreed delivery date is met by means of provision of the goods and a corresponding notification of the seller.

If an agreement is in place between the two parties determining that the goods should be delivered somewhere else, the agreed delivery dates are considered met when the goods are transferred to the person responsible for further transport.

§ 6 Transfer of risk

1.) The risks of accidental destruction and accidental deterioration of the goods shall transfer to the buyer upon delivery or delivery to the freight forwarder, carrier or any other person or institution responsible for further transport.

2.) We shall insure the delivery with a transport insurance at the customer's request and cost.

3.) Delivery shall have occurred even if the buyer is in default with respect to acceptance.

§ 7 Warranty

1.) If the purchase constitutes a commercial transaction for both parties, the buyer is to inspect the goods immediately upon receipt to the extent that this is feasible in the proper course of business. If a deficiency is evident, the seller is to be notified promptly. If no such notification takes place, the goods are deemed accepted unless a deficiency was not noticable during the inspection. In addition, §§ 377 ff. of the HGB (German commercial law) apply.

2.) Deficiency claims are restricted to compensation. In the event of a failure to provide supplementary performance, the buyer is entitled to request a reduction in payment at their own discretion or the cancellation of the contract.

3.) No additional claims by the buyer shall be recognized unless they result from the acceptance of a guarantee. This does not apply in the event of malice, gross negligence or breach of fundamental contractual obligations by the seller.

4.) Claims for defects made more than one year after delivery of the goods are invalid.

5.) If the buyer is a company, the product description provided by the manufacturer is agreed upon as the quality of the goods. Public statements, promotions or advertisements shall not constitute complementary contractual information on the quality of the goods.

6.) We do not provide customers with guarantees in the legal sense. Manufacturers’ guarantees remain unaffected by this.

§ 8 Limitation of liability

1.) Any compensation claims by the buyer are void.

2.) The above limitation of liability shall not apply in the event of damages to the curomer’s body or health or of the cutomer losing their life. Neither does it apply in the event of malice, gross negligence or breach of significant contractual obligations.

3.) Claims to compensation for defects shall be subject to a one-year statute of limitations commencing with the delivery of the goods. This shall not apply in the event of gross negligence on our part, or in the event of damages to the customer’s body or health caused by us or of the customer losing their life.

§ 9 Privacy

1.) The customer agrees to us storing, processing and potentially transferring to third parties, in compliance with our privacy policy, certain personal information for the implementation of the contract. This information includes name, address, phone number, fax number, e-mail address and contact person, but also the existence of special agreements and the assignment into certain categories, bank details/payment details, an overview of the customer activity as well as an overview of the past cutomer support and development.

2.) The customer agrees to us saving and processing a copy of the business registration or the Handelsregister (German trade register) excerpt for the purpose of verifying their status as a company.

Privacy policy
1.) Of course, the security of the customer information is extremely important to us. We abide by all legal regulations concerning privacy, especially those of the Bundesdatenschutzgesetz (German Federal Data Protection Act) and of the Telemediengesetz (German Teleservices Act).

2.) The customer agress to us collecting, processing and using the personal data for the purposes specified here. The responsible party as per the Bundesdatenschutzgesetz is CK Promotion Chytil - Kels GbR, Bussardweg 14, D-41468 Neuss.

3.) We collect, store and process personal data pertaining to the customer for the purposes of implementation of the contract and customer support. This includes name, address, phone number, fax number, e-mail address and contact person. In addition, we save details on the customer relationship, such as the existence of special agreements and the assignment into certain categories. Besides the bank details/payment details, an overview of the customer activity is saved as well. Finally, we also save an overview of the past customer support and development so as to be able to provide the customer with the optimal support at all times. We furthermore reserve the right to demand from the customer and save a copy of the business registration or the Handelsregister (German trade register) excerpt.

4.) Within the context of the use of our services, we reserve the right to transfer the necessary personal data needed for the completion of the purchase to third parties which require the transfer of data for the completion of the order (e.g. the postal service provider responsible for the delivery and the bank responsible for the payment transaction). However, in these cases, the amount of transferred data is limited to the required minimum.

5.) In accordance with the prevailing legal regulations, we reserve the right to provide information to courts and law enforcement agencies for purposes of enforcing the law and prosecuting violations of the law.

6.) The cutomer may object to the collecting, processing and storage of their personal data. We will delete the data immediately unless otherwise legally obligated to store it.

7.) At our online store, information on your customer data, which may be recalled on your future visits, will only be stored as part of the cookies on your request. The data stored in the cookies spares you the repeated filling out of the forms. You may manage and potentially block the use of cookies from this site.

8.) Our website uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses so-called “Cookies,” text files saved to your computer and enabling an anlysis of your use of the website. The information on your use of this website which is created by the Cookie (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information to analyze your use of the website, put together reports on the website activity for the website owners and to provide additional services to do with the use of the website and the Internet. Google might also transfer these data to third parties insofar as this is required by law or third parties process these data on behalf of google. On no account will Google connect your IP address with other data. You may block the installation of the cookies by choosing the appropriate settings for your browser software; however, we would like to point out that by doing so you might not be able to fully use all the features of this website. By using this website, you agree to the processing of the collected data on you by Google in the above-descibed way and for the above-specified purpose.

§ 10 Closing provisions

1.) The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

2.) If the customer is a merchant, a corporate body under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes pertaining to this contract shall be our business location, or Neuss. The same applies if the customer does not have a general place of jursidiction in Germany or if the place of residence or usual abode are unknown at the time of the filing of the lawsuit.

3.) The place of performance for all obligations resulting directy or indirectly from this contractual relationship, including the duty of payment, is the seller’s company location.

4.) In the event that individual provisions of this contract, including these terms and conditions, should be or become partially or fully invalid, this shall not affect the validity of the remaining provisions. The fully or partially invalid provision is to be replaced by a provision whose commercial success corresponds as closely as possible to that of the invalid clause.

Last update: May 2010