§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all orders you place

at the online shop of

cnc-markt.com GmbH

Lederstraße 17

73650 Winterbach

Managing Director: Frank Gensheimer

do.

(2) The range of goods offered in our online shop is aimed exclusively at

Buyers who are at least 18 years old and act as entrepreneurs within the meaning of the law.

are to be regarded as belonging to Section 14 Paragraph 1 of the German Civil Code (BGB).

(3) Our deliveries, services and offers are made exclusively on the

These General Terms and Conditions form the basis of these General Terms and Conditions.

Terms and conditions therefore also apply to all businesses.

future business relationships, even if they are not explicitly stated again

to be agreed upon. The inclusion of general terms and conditions.

a customer who agrees to our terms and conditions

To contradict is already being contradicted.

(4) The language of the contract is exclusively German.

(5) You can find the currently valid General Terms and Conditions on the

Access and print the website [insert link].

§ 2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer for

This does not constitute the conclusion of a purchase agreement. Rather, it is a

Non-binding invitation to order goods in the online shop.

(2) By clicking the button [“buy” / “order now subject to payment”]

Submit a binding purchase offer (§ 145 BGB).

(3) After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order.

(Acknowledgement of receipt). This acknowledgement of receipt does not yet constitute acceptance.

This constitutes your purchase offer. A contract is formed upon receipt of the confirmation of receipt.

not yet.

(4) A purchase agreement for the goods will only be concluded when we expressly

to declare acceptance of the purchase offer or if we deliver the goods – without

prior express declaration of acceptance – to be sent to you.

§ 3 Prices

The prices listed on the product pages are gross prices and include VAT.

the respective statutory value added tax and the respective shipping or delivery charges and

Delivery costs.

§ 4 Payment terms; Default

(1) Payment can be made by:

prepayment

Credit card

Paypal

(2) We reserve the right to choose the payment methods available at any given time.

We reserve the right, in particular, to offer you only selected payment options.

to offer payment methods, for example to secure our

Credit risk only applies in advance.

(3) If you choose prepayment as your payment method, we will inform you of our

Bank details are provided in the order confirmation. The invoice amount is...

within 10 days of receiving the order confirmation to our account

to transfer.

(4) When paying by credit card, the purchase price will be charged at the time of ordering.

Reserved on your credit card (authorization). The actual charge

Your credit card account will be debited at the time we send the goods to you.

send.

(5) If you pay by direct debit, you may have to bear any costs incurred as a result of

a chargeback of a payment transaction due to insufficient funds or

This may occur due to incorrect bank account details provided by you.

(6) If you default on a payment, you are liable to pay the

statutory default interest at a rate of 9 percentage points above the

The base interest rate is mandatory. Furthermore, there is a claim to payment of a

A flat fee of 40 euros. Further claims may be made.

The right to claim damages remains reserved.

§ 5 Set-off/Right of Retention

(1) You are only entitled to set-off if your

The counterclaim has been legally established or not by us

is disputed or acknowledged, or in a close synallagmatic relationship

The relationship to our demand is clear.

(2) You may only exercise a right of retention to the extent that your

A counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, delivery of the goods shall be made to their

Request from our warehouse to the address you provided.

(2) We retain title to the goods until full payment has been received.

All claims arising from the ongoing business relationship are hereby disclosed. Before transfer

Ownership of the goods subject to retention of title is not affected by a pledge or

Assignment as security is not permitted.

(3) You may resell the goods in the ordinary course of business. For

In this case, you hereby assign all claims up to the amount of

You will remit to us the invoice amount that you receive from the resale.

We accept the assignment, however you are responsible for collecting the

Claims authorized. Insofar as you fail to meet your payment obligations.

If we fail to comply properly, we reserve the right to demand...

to move in themselves.

(4) In the event of combination or mixing of the goods subject to retention of title, we acquire

Co-ownership of the new item in proportion to the invoice value of the

The goods subject to retention of title were in relation to the other processed items at the time

the processing.

(5) We undertake to release the securities to which we are entitled upon request

to release insofar as the realizable value of our collateral exceeds the amount required

secured claims exceed by more than 10%. The selection of

The decision regarding the release of securities rests with us.

(6) Exchange Part Policy: Certain products offered are marked as exchange parts (condition: in exchange (old part must be returned free of charge to cnc-markt.com)). The offered item can only be purchased if the buyer sends a defective old part of the same type to the seller (cnc-markt.com GmbH, Lederstraße 17, 73650 Winterbach) free of charge. If the defective exchange part is not sent to the seller within 10 days of purchase, the seller reserves the right to invoice the buyer for compensation.

§ 7 Warranty

Unless expressly agreed otherwise, used parts are sold without

Warranty claims are sold. A warranty is expressly excluded.

Please note that your warranty claims are governed by the statutory provisions.

Provisions of the law of sales (§§ 433 ff. BGB) with the following modifications:

- Only our own specifications and

The manufacturer's product description is binding, but not

public endorsements, statements and other advertising of the

Manufacturer's.

- You are obliged to return the goods immediately and with due care.

Careful examination for quality and quantity deviations and

Report any obvious defects to us within 7 days of receiving the goods.

to be notified. Timely dispatch is sufficient to meet the deadline. This

This also applies to latent defects discovered later, from the time of discovery.

Violation of the duty to investigate and give notice of defects is the assertion of

Warranty claims are excluded.

- In case of defects, we will, at our discretion, provide a warranty by means of rectification.

or replacement delivery (subsequent performance). In the case of repair

Do we not have to bear the increased costs incurred by the relocation?

the goods are transported to a location other than the place of performance, provided that

the transport not for the intended use of the goods

corresponds.

- If the subsequent performance fails twice, you can, at your discretion,

Demand a price reduction or withdraw from the contract.

- The warranty period for new parts is one year from delivery of the goods.

This limitation does not apply to claims based on damages arising from the

Injury to life, body or health, or arising from the

Breach of a fundamental contractual obligation, the fulfillment of which

proper execution of the contract is only made possible in the first place

and on whose compliance the contractual partner may regularly rely

(Cardinal obligation) as well as for claims based on other damages,

which is based on an intentional or grossly negligent breach of duty by

based on the user or his agents.

§ 8 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence.

Negligence and in accordance with the Product Liability Act. For slight

We are liable for damages resulting from negligence, specifically for injury to life, health, or health.

The body and health of individuals.

(2) Otherwise, the following limited liability applies: In the case of slight negligence

We are only liable in the event of a breach of a material contractual obligation.

the fulfillment of which is essential for the proper execution of the contract

only makes this possible and on whose compliance you can regularly rely

(Cardinal obligation). Liability for slight negligence is limited in amount.

limited to damages foreseeable at the time of conclusion of the contract, with which

This is typically taken into account when calculating its origin.

The limitation of liability also applies in favor of our vicarious agents.

§ 9 Final Provisions

(1) Should one or more provisions of these Terms and Conditions be or become invalid,

This will affect the effectiveness of the other provisions in

The rest were not touched.

(2) Contracts between us and you are governed exclusively by German law.

applicable excluding the provisions of the United Nations

Convention on Contracts for the International Sale of Goods (CISG, „UNKaufrecht“).

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from your place of business.

Disputes arising from or in connection with contracts between us and

Them.

Stand: 04,2021

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de

GENERAL TERMS AND CONDITIONS (ONLINE SHOP B2B) New text