All deliveries and services are subject to our General Terms and Conditions in the version valid at the time of the order, which are available on the Internet at www.geldfuermuell.de. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services. Any conflicting terms and conditions of business or purchase of the buyer shall only be recognized if they have been expressly agreed in writing.
The customer's order represents a binding offer to conclude a sales contract with geldfuermuell GmbH. The sales contract is concluded by acceptance of this offer by geldfuermuell GmbH, either by sending an order confirmation by e-mail, fax or mail within 7 calendar days or by sending the goods to the customer.
The delivery takes place at the shipping costs shown in each individual case. All risks and dangers of shipment are transferred to the customer as soon as the goods have been handed over by us to the commissioned logistics partner and the customer is an entrepreneur. Partial deliveries are permitted. In the case of supply contracts, each partial delivery and partial performance is considered an independent performance. If the delivery deadline is not met, the buyer is entitled and obliged to set the seller a grace period of 4 weeks in accordance with §326 para.1 BGB.
We reserve the right of ownership of the delivered goods until full payment of all claims against the buyer that have arisen or will arise from the business relationship. In the case of current invoices, the reserved title shall be deemed security for the balance carried forward. Processing or treatment of the goods delivered by us and still in our ownership is carried out on our behalf without any liabilities arising for us. If the customer installs the goods in other goods, geldfuermuell GmbH becomes co-owner of the newly created products in the ratio of the value of the goods delivered by geldfuermuell GmbH to the value of the goods used. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. The buyer assigns to us already now his claims from the resale of the reserved goods. Pledging and security transfers are not permitted. We are entitled to assert our rights from the reservation of title - in particular the taking back of the goods delivered under reservation of title - without prior withdrawal from the respective purchase contract. The buyer shall bear the costs of the removal in full. Offsetting against current or future claims from deliveries of goods is excluded.
We are entitled to assign the claims arising from our business relations. All payments shall be credited to the oldest debt, irrespective of any other provisions of the buyer. If costs of collection or interest have already been incurred, the payment will first be credited against the costs, then against the interest and finally against the principal claim. The buyer is only entitled to set-off, retention or reduction if the counterclaims have been legally established or are undisputed. If the buyer is in default with more than one claim, all claims against him are due for payment immediately.
We shall not be liable for loss of production. We only guarantee the exchange of complaints if the cartridges and cartridges are still in their original condition. After only one production process has been carried out, the guarantee is void. Complaints from merchants can only be considered if they are made in writing within 30 days of receipt of the goods. The period begins with the delivery date. Defective printer cartridges must be returned to geldfuermuell GmbH. Defective printer cartridges that are not returned shall remain payable. Please note the instructions in case of a complaint. Immediately after checking the empty cartridges complained about, we will issue a credit note for invoicing. Further claims of the customer, especially claims for damages including lost profit or other financial losses, are excluded.
geldfuermuell GmbH shall only be liable for claims for damages arising from positive breach of contract, unauthorized action, organizational fault, culpa in contrahendo if geldfuermuell GmbH or its vicarious agents are guilty of intent or gross negligence. In the case of a negligent violation of an essential contractual obligation, the liability of geldfuermuell GmbH is limited to the foreseeable damage.
If the buyer finally refuses to accept the goods in whole or in part, or if the contract is not executed for reasons for which the buyer is responsible, the seller can demand compensation for damages in the amount of 15% of the contract value instead of payment of the purchase price, with simultaneous withdrawal from the contract.
The contractual relationship is subject exclusively to German law, in particular the German Civil Code and Commercial Code. The place of jurisdiction is, at our discretion, our place of business if the customer is a merchant within the meaning of the German Commercial Code or a public corporation, or Frankfurt am Main.
Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, the validity of the contract as a whole shall not be affected. In place of the invalid provision, a replacement provision shall be made which comes as close as possible to the purpose intended by the invalid provision.