of Bernhardt Apparatebau GmbH u. Co.
1. General Terms and Conditions
1.1 Orders, contracts, and deliveries to the customer (hereinafter “You” or “Purchaser”) for all products and services (hereinafter the “Goods”) offered by us shall be executed in accordance with these general terms of sale (hereinafter the “Terms”). The Goods are sold by Bernhardt Apparatebau GmbH & Co KG, Bredhornweg 39, 25488 Holm, Germany (hereinafter “We” or “SECUMAR”).
1.2 If You purchase the Goods as a consumer in accordance with § 13 of the German Civil Code (Bürgerliches Gesetzbuch; BGB), 1. General Terms and Conditions” and “2. Special Terms for Consumers” shall apply. “3. Special Terms for Entrepreneurs” shall not apply. If there are any contradictions between “1. General Terms and Conditions“ and “2. Special Terms for Consumers”, “2. Special Terms for Consumers” shall prevail.
1.3 If You purchase the Goods as an entrepreneur in accordance with § 14 BGB, “1. General Terms and Conditions” and “Special Terms for Entrepreneurs” shall apply. “2. Special Terms for Consumers” shall not apply. If there are any contradictions between “1. General Terms and Conditions“ and “3. Special Terms for Entrepreneurs”, “3. Special Terms for Entrepreneurs” shall prevail.
1.4 We retain title in the delivered Goods until the customer has settled all of our claims in full. The customer is authorised to resell the Goods in its ordinary course of business. In this case, the customer hereby assigns any claims arising from the resale to us by way of collateral. The customer is authorised to collect the claims in its ordinary course of business. If the customer fails to meet its payment obligations, We shall have the right to revoke the right of resale and collection of receivables. If the realisable value of the collateral exceeds our claims by more than 10%, We shall release collateral of our choice upon the customer’s request.
1.5 SECUMAR shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by SECUMAR or a legal representative or vicarious agent of SECUMAR. Furthermore, SECUMAR shall be liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment are essential for the proper performance of the contract and on whose compliance You regularly rely. In this case, however, SECUMAR is only liable for the foreseeable damage typical of the contract. SECUMAR is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the goods and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of SECUMAR is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
2. Special Terms for Consumers
2.1 Presentation of the Goods shall not constitute an offer to conclude a contract. Placing an order in the online shop by way of clicking “Buy now” shall constitute an offer to SECUMAR to conclude a contract. Confirmation of receipt of an order shall merely serve as information about the receipt and details of the order and shall not constitute acceptance of the offer by SECUMAR. In any case, a purchase contract shall only be entered into when SECUMAR confirms the order (confirmation of order) or dispatch of the Goods (delivery note) to the Purchaser.
2.2 Information on delivery times for products sold by SECUMAR (e.g., on the respective product detail page) shall be approximately information.
2.3 The contract shall be concluded via other means of distance communication if We accept the order by delivering the Goods or, in case of an unsuccessful delivery attempt, when We inform the customer of the delivery attempt. If an e-mail address was provided when ordering the Goods, You will receive an order confirmation by e-mail. In this case, the contract shall be concluded upon receipt of this order confirmation.
2.4 If You have concluded a contract via the online shop or by way of e-mail, fax, telephone, or other means of distance communication, You as a consumer have a right of cancellation; You can find the form “Model withdrawel form” under the link https://www.secumar.com/en/instructions-on-withdrawal.
2.5 Online dispute resolution in accordance with Art. 14 (1) ODR Resolution: The European Commission provides a platform for online dispute resolution (OS), which You can find at https://ec.europa.eu/consumers/odr/. The customer can also forward the request to SECUMAR by e-mail: info@secumar.com.
2.6 SECUMAR does not participate in out-of-court dispute resolution proceedings under the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz; VSBG). If You are dissatisfied with the delivery, You may contact SECUMAR customer service by phone, e-mail, or via the online shop at any time.
3. Special Terms for Entrepreneurs
3.1 Deviating or supplementary terms of the Purchaser (hereinafter the “Entrepreneur”) that We do not explicitly accept in writing shall not be binding upon us, even if We do not explicitly object to them or if We perform a delivery without reservation in knowledge of them.
3.2 Any amendments, supplements, and other special agreements shall require written form to be effective. This shall also apply to revocation of this requirement of written form.
3.3 Any amendments, supplements, and other special agreements shall require written form to be effective. This shall also apply to revocation of this requirement of written form.
3.4 Payments shall be due immediately upon receipt of the invoice. Default shall occur at the latest within 30 days of the due date and receipt of the invoice.
3.5 The Entrepreneur’s right of recourse shall be excluded if the Entrepreneur has failed to report a defect in accordance with § 377 (1) of the German Commercial Code (Handelsgesetzbuch; HGB) unless the defect was not recognisable during the inspection. Recognisable defects must be reported to us no later than within one week of delivery, hidden defects no later than within one week of their discovery.
3.6 Written notification of defects must be addressed to SECUMAR.
3.7 The Entrepreneur must only offset claims that are undisputed or that have been finally determined in court. The same shall apply to exercise of retention rights, which the Entrepreneur must only assert if they are based on the same contractual relationship and at a reasonable proportion to the defects listed.
3.8 The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be Hamburg, at our choice.
This is an English translation of the German General Conditions of Sale and for convenience only. Only the German version is legally binding. In the event of any discrepancy or inconsistency between this English translation and the German version, the German version shall prevail.