2. Offers, viewing orders
Offers are non-binding until accepted by the recipient.
3. Delivery dates
In order to be binding, delivery dates require an express contractual stipulation.
4. Dispatch, obligation to inspect
The dispatch of purchased items at the request of a buyer occurs at the buyer's expense and risk. The buyer bears the costs of transport insurance. After delivery, the buyer must immediately examine the goods for transport damage and notify the transport company of this; Subsequent complaints due to undisclosed damage are excluded. Except in cases of justified notification of defects, returns are made at the expense and risk of the buyer.
5. Liability for defects
The seller does not guarantee the quality of the goods in the sense of commercial law; In particular, this does not lie in the descriptions that have been made to the best of our knowledge and belief. For material defects, which also include the lack of authenticity of a work of art, the seller's liability for damages to a buyer who is not a consumer is excluded, unless the seller is guilty of gross negligence. The other claims of the buyer due to material defects expire after one year for used items.
If the seller acts as a commission agent in his own name for the account of a third party, his liability for material defects and defects of title towards a buyer who is not a consumer is excluded, unless the seller is guilty of gross negligence; The seller will assign any claims against his client (principal) to the buyer.
6. Purchase price
The purchase price is due when the goods are handed over. In the case of cash payments of 10,000 euros or more, the seller is required to record the buyer's name and address using identification documents.
7. Default in Payment
The buyer is in default of payment even without a reminder if he does not pay the purchase price no later than 7 days after delivery of the item. During the delay, interest on the purchase price claim is 8 % pa above the base rate of the ECB. The seller can claim further damage. In the event of default in payment, the seller can withdraw from the contract if he has unsuccessfully set the buyer a reasonable grace period for payment.
8. Retention of title
Ownership of the purchased items is only transferred to the buyer once the purchase price has been paid in full.
The buyer can only offset against the seller with an undisputed or legally established claim.
10. Place of fulfillment, place of jurisdiction
The place of fulfillment and place of jurisdiction for commercial transactions is Mönchengladbach. The same applies if the buyer does not have a general place of jurisdiction in Germany.
11. Applicable Law
German law applies exclusively. The UN Convention on Contracts for the International Sale of Goods CISG does not apply.
12. Final provision
Should one of the above provisions be ineffective in whole or in part, this shall not affect the validity of the rest.