Conditions of Use
The products offered on our website or in our catalogs are aimed exclusively at professional reefkeepers worldwide.
§ 1 General, Scope
1.1 These terms and conditions (GTC) apply in their respective valid version. They apply only to customers who are entrepreneurs 1 BGB in accordance with §§ 14 para. 1 and 310 para..
1.2 The customer confirms with his order to accept these terms and conditions.
1.3 Deviating, contradictory or supplementary conditions recognizes Reefbrands GbR it was not because, Reefbrands GbR had their validity by express written permission.
1.4 The contract is concluded in German, in non-German speaking countries in English or in French.
1.5 These terms and conditions are available to the customers in the main catalog, the latest price list and on the Reefbrands GbR website for retrieval. On request Reefbrands GbR ships these Conditions additionally via email, mail or fax.
§ 2 Contract Price
2.1 Reefbrands GbR offerings are subject to change. Technical changes and changes in shape, color and / or weight are reserved within reasonable limits.
2.2 By ordering the goods, the customer makes a binding intent to purchase the ordered goods. Orders are written, oral or make phone but B. Under no circumstances may double, z be issued simultaneously by fax and e-mail.. Costs incurred through double orders and double shipment, will be the customer of Reefbrands GbR be invoiced.
Reefbrands GbR is entitled, but not obliged, to accept the contract offer contained in the order within two weeks after receipt. The acceptance can either gem writing. Paragraph 2.6 or by delivery of the goods to the customer.
2.3 The contract is concluded subject to the correct and timely delivery of Reefbrands GbR by suppliers. This applies only in the event that the non-delivery of Reefbrands GbR is responsible, in particular when a congruent hedging transaction by the Reefbrands GbR suppliers. The customer is informed of the unavailability of the service.
2.4 The prices of Reefbrands GbR in the main catalog, on the separate price list and on the website are not binding. Apply the list prices at the time of delivery. The prices are ex warehouse Bielefeld.
2.5 All prices are exclusive of VAT. For EU-based customer accounts German VAT if these customers with order specify their certified tax identification number (VAT number) and show an export to other EU countries.
2.6 The Reefbrands GbR 'Orders are only with written or electronic order confirmation from Reefbrands GbR effective in the prices and these terms and conditions are listed. Reefbrands GbR adheres to concluded contracts tied to the delivery date, the extent and the clients keeping acquired from the contractual obligations. Paragraph 2.2 is not affected.
2.7 If the customer before delivery of the goods changes his order regarding the type and quantity before, Reefbrands GbR's entitled to include the resulting amount of order during the checkout process, z. B. with debit or credit card payment accordingly and correct.
§ 3 shortfalls
3.1 Reefbrands GbR charged for orders under a certain total value of goods a surcharge for small quantities.
3.2 Reefbrands GbR may set a minimum order size and charge a premium for shorter stays this minimum amount of certain items.
§ 4 pattern purchase / special
4.1 If the customer wishes the dispatch of individual pattern pieces is possible. Reefbrands GbR reserves the right to exclude certain products from the respective sales program from sample shipping. The shipment of pattern pieces is carried out in the European single market carriage and packing free. Payment of the pattern made in advance.
4.2 The intact prototype article can at Reefbrands GbR boxed and for Reefbrands GbR freight and packaging are free returned for a credit equal to the value of the goods. However, the return is only possible within a period of one month from receipt of the sample item to the customer.
4.3 Pattern of custom can not be sold and must within one month intact and unused to Reefbrands GbR be returned.
4.4 At the express request of the customer produces Reefbrands GbR fee special. Custom, paintwork, upholstery and the like require to be agreed depending on the individual case deposit, the amount of which is estimated in the order confirmation. Custom designs are non-returnable.
§ 5 Packaging, Assembly, Instruction and maintenance manual
5.1 All purchased items are protected by a storage package and mail order purchases by an additional forwarding equitable transport packaging. The cost of the transport packaging must be borne by customers and included in the freight charge.
5.2 The customer is obliged to dispose of the packaging material at his own expense.
5.3 Goods comes partially assembled for delivery. Liability for faulty installation by the customer is excluded. If the customer receives defective assembly instructions, Reefbrands GbR's only obliged to deliver defect-free assembly instructions and this only if the fault in the assembly instructions of a proper assembly.
5.4 The customer is obliged to observe the goods attached assembly and care instructions and follow. The installation and maintenance instructions available to the customer for information before signing a contract on the Reefbrands GbR website or on request by mail or e-mail.
5.5 For the implementation of Assembly service at the customer's agreement are completed by the customer checklist, sketches / layouts and the information in the order confirmation. The cost of the installation service are included in the order confirmation and to be paid by customers. The installation service can locally by an external subcontractor Reefbrands GbR be performed. The benefits of the installation service deemed to be supplied properly by the customer's signature on the final inspection. Complaints are excluded thereafter. As part of the installation service only the Conditions of Reefbrands GbR .. apply the VOB does not apply.
§ 6 Payment, delayed payment and set-off
6.1 The purchase price payment made in advance. In individual cases, can be done within 14 days net after date of invoice payment.
6.2 For custom Reefbrands GbR is entitled to demand a reasonable advance on the value of goods.
6.3 The billing to the customer can be made to the email address specified by the customer also electronically by e-mail unless the customer consents; thereafter refrains from a postal receipt of the invoice in paper form. The customer has to make a receiver that all electronic submissions of the bill by Reefbrands GbR can be delivered correctly to the given by client e-mail address and he has to adapt technical means such as filtering software or firewalls. The customer has any change in the e-mail address Reefbrands GbR time and writing to. The customer bears the increased by a storage of electronic invoicing risk of access by unauthorized third parties.
6.4 In the current business relationship, and at the request of the customer to open a billing account with an agreed credit limit is possible. The amount of the credit limit depends on the creditworthiness of the customer. The Customer undertakes to comply with a payment term of 14 days. Exceeding this payment period and the first reminder is Reefbrands GbR the right to close the credit line granted to the payment of the amount due and if the second reminder to delete all. Reefbrands GbR is entitled to refuse any further deliveries to the customer's invoice.
6.5 off rights to the customer only if his counterclaims are legally established, undisputed or of Reefbrands GbR are recognized. The customer can only exercise if his counterclaim is based on the same contract.
§ 7 Delivery, default of acceptance
7.1 Compliance with the delivery obligation of Reefbrands GbR requires the timely, full and proper fulfillment of the customer's obligations. Reefbrands GbR reserves the defense of breach of contract. For all contracts that are processed against prepayment, the processing of the production or delivery begins after receipt of payment by Reefbrands GbR .. With sales shipment delivery times are considered "at the customer's in-bound" and are not legally binding because of the uncertainties during transport.
7.2 If the customer is in default of acceptance or culpably violates other obligations to cooperate, Reefbrands GbR is entitled to Reefbrands GbR thus incurred damage, including any additional expenses to demand compensation from the customer. Further claims remain reserved.
7.3 In the circumstances provided in the preceding paragraph, the risk of accidental loss or accidental deterioration of the purchased item goes to the time transferred to the customer, in the case of default in acceptance or payment.
7.4 If delivery is delayed Reefbrands GbR liable according to the statutory provisions if the delay in delivery of a Reefbrands GbR willful or grossly negligent breach of contract; case of grossly negligent breach of contract, liability for damages of Reefbrands GbR limited to the predictable, typically occurring damage.
Incidentally Reefbrands GbR is liable delay in delivery for each full week of delay only in the context of a lump-sum compensation in the amount of 2% of the contract value, a maximum of not more than 5% of the contract value.
§ 8 Transfer of risk, dispatch of purchase, transport packaging
8.1 The risk of accidental loss and accidental deterioration of the goods passes to the customer once the goods have left the Reefbrands GbR bearing in Bielefeld (handover). The handover is the same, if the customer is in default of acceptance (see 7.3).
8.2 Upon sending purchase Instructs Reefbrands GbR on behalf of the customer a shipping with delivery against payment of freight expenses. In case of free home delivery makes the carrier the customer provides the goods only for unloading at the agreed address.
8.3 Pickup from stock Bielefeld is well in advance and specifically between the customer and Reefbrands GbR to agree. If the customer fails to collect the goods from Reefbrands GbR Stock Bielefeld by its own freight forwarder, he is responsible for the conclusion of an appropriate transport insurance themselves and with costs. For collection, the customer bears the costs of transport packaging.
8.4 The Customer undertakes to check the goods upon receipt immediately for completeness, correctness of articles and obvious transit damage. If damage or shortages found the customer must indicate on the waybill and be confirmed by the carrier. If there is transportation damage, the customer must immediately Reefbrands GbR notify. The transport packaging is kept by the customer for the return of the goods. It applies to § 10 paragraph 10.3.
8.5 Even if you collect the customer is obliged to check the goods immediately upon delivery for completeness, correctness and state. Any shortfalls and deficiencies are displayed to Reefbrands GbR personnel immediately. The goods shall otherwise received according to the contract from that date. Obvious and hidden transport damage can not be asserted by the customer afterwards.
§ 9 Retention of Title
9.1 Reefbrands GbR retains title to the goods until all payments under the purchase agreement and beyond until full settlement of all claims from the current business relationship.
9.2 The customer is obliged to treat the goods with care. If maintenance work is required, the customer must carry these out regularly at his own expense.
9.3 The customer is obliged Reefbrands GbR notify a possible third party access to the goods in case of seizure, and any damage to or destruction of the goods. A change of ownership of the goods and any change of his place of business, the customer Reefbrands GbR reported immediately.
9.4 Reefbrands GbR is entitled to withdraw in breach of contract by the customer, especially in case of default or breach of a duty under the above clause 3 of the contract and reclaim the goods.
9.5 The customer is entitled to resell the goods in the ordinary course of business. He enters Reefbrands GbR all claims from the amount of the bill, which he is by the resale to a third party. Reefbrands GbR accepts the assignment. After the assignment, the customer is also authorized to collect the receivable.
Reefbrands GbR reserves, however, collect the claim itself as soon as the customer does not meet its payment obligations and defaults on payment.
9.6 The handling and processing of goods by the customer is always carried out in the name and on behalf of Reefbrands GbR .. If processing of objects under Reefbrands GbR Retention of title are so acquires Reefbrands GbR in the new object, in proportion of the value of Reefbrands GbR delivered goods to the other processed items. The same applies if the goods with other Reefbrands GbR not belonging, is mixed.
§ 10 Warranty, examination and notification
10.1 As a condition of the goods only the product description of Reefbrands GbR as agreed. Public statements, recommendations or advertisements of Reefbrands GbR do not represent a contractual specification of the product. The color samples in this catalog are not binding. In addition, § 2, paragraph 2.1.
10.2 The warranty period is two years, unless the defect is proven to have a material and / or workmanship or consists in a restriction of the function in the manner intended. Incidentally, any warranty is excluded. Warranty expires with a purpose and use in technical change in the by Reefbrands GbR delivered goods. The same applies to non-compliance of the Instruction and maintenance instructions in accordance with § 5 Paragraph 5.4.
10.3 If the customer in the investigation of the product deviations from the contractually agreed fixed goods, he shall within a period of two weeks from receipt of the goods Reefbrands GbR Show writing. Otherwise the assertion of warranty claims is excluded. The same applies if the customer, despite knowledge of the defect of the product used, they assembled z. B. and / or putting it into use. Deadline is sufficient to send the display. The customer bears the full burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint.
Failure to give timely notice of defects, voids all warranty claims, insofar as, with proper and immediate inspection of the goods defects, quantity discrepancies, incorrect deliveries and damage could be detected. Slight deviations in size, color and design of the goods are not eligible for warranty claims.
If shortages justifiably criticizes the missing goods will be re-stocked.
10.4 identified deficiencies makes Reefbrands GbR at its option by repair or replacement (supplementary performance). If the subsequent performance fails Reefbrands GbR granted the customer a reasonable price reduction.
If departing therefrom between Reefbrands GbR and the customer explicitly agreed conversion or exchange during the applicable section 10.2 warranty period, Reefbrands GbR is entitled to make this conditional on the customer pays a usage fee for the duration of previous use. This is for indoor products 20% in outdoor products 25% of the net value of goods per year.
In constructional defects, the customer is obliged to refrain from any further use of the goods. Other warranty claims, especially claims for damages, including consequential losses are excluded.
10.5 Return of goods can only with the consent of Reefbrands GbR done. Especially for the customer-made, assembled or lacquerware (= custom) are of Reefbrands GbR not withdrawn. The cost of self-initiated remedial measures are, unless expressly with Reefbrands GbR agreed by Reefbrands GbR not taken.
10.6 guarantees in the legal sense of the customer by Reefbrands GbR not. Manufacturer warranties remain unaffected.
§ 11 Data
11.1 collected within the scope of an order process personal data through the Reefbrands GbR processed for contract execution and handling of requests. These data are collected, processed and used exclusively within the framework of the applicable data protection laws.
11.2 Where appropriate, be passed for the purpose of processing the order required for the transaction data to affiliated companies and suppliers. The data may be used by the related companies and suppliers exclusively for this purpose.
processed 11.3 Further and uses the Reefbrands GbR the address and order data for advertising purposes. The use of the data for advertising purposes can be revoked at any time by the customer. The contradiction may by post by sending an informal message to Reefbrands GbR, Zeisigstr. 17ABC, 33607 Bielefeld, or by e-mail to [email protected] brands.de.
11.4 Customer orders are from Reefbrands GbR saved after conclusion. If the customer loses documents to his orders, the customers have to his request a copy of the order data against payment of reasonable expenses package available.
§ 12 Final Provisions
12.1 The law of the Federal Republic of Germany. The provisions of the CISG shall not apply.
12.2 of performance and jurisdiction for both parties is Bielefeld. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence of the customer at the time of action are not known. Reefbrands GbR but is entitled to sue the customer at his residence.
Date: June 2016
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