General Terms and Conditions for Entrepreneurs within the meaning of § 14 BGB
1. scope of application
2. conclusion of contract
3. defects, liability, compensation
4. prices, payment, shipment, delivery
5. offsetting and right of retention
6. reservation of title
7. data protection, applicable law, place of jurisdiction
1. scope of application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of the seller Legion Global Trading GmbH from Cologne (hereinafter referred to as “Seller”) only apply to contracts for the delivery of goods to an entrepreneur in accordance with Section 14 of the German Civil Code (BGB).
Contracts within the meaning of the preceding sentence are those contracts that an entrepreneur concludes with the Seller in relation to the goods presented by the Seller in its online store.
1.2 Any additional or deviating, conflicting terms and conditions of the customer (hereinafter referred to as “Buyer”) are hereby rejected.
Deviating conditions shall apply if they have been expressly agreed to in writing.
In the event that the purchased goods are delivered to the Buyer despite knowledge of deviating terms and conditions of the Buyer, the Seller’s General Terms and Conditions shall apply.
2. conclusion of contract
2.1. The purchase contract is concluded with the seller, Legion Global Trading GmbH, Berliner Straße 504-506, 51061 Cologne. 2.2. The goods offered in the seller’s online store constitute an invitation to the buyer to submit a binding offer.
By moving the goods into the shopping cart, filling out the order form and selecting the “Complete order” button, the buyer submits a binding offer to purchase the goods in the shopping cart.
The buyer also has the option of submitting his offer to the seller by e-mail or telephone. 2.3 The buyer will receive a confirmation in text form within 2 bank working days.
Rather, acceptance of the Buyer’s offer by the Seller shall only be deemed to have taken place upon dispatch of the goods to the Buyer or upon handover of the goods to the carrier or by a deviating expressly declared acceptance of the offer in text or written form or by another means.
written form or by any other means. 2.4.
In the event that the Buyer has been provided with documents or documentation from the Seller, the Seller reserves the copyrights.
The documents shall be treated confidentially and shall not be passed on to third parties without the Seller’s consent.
3. defects, liability, compensation
3.1. The statutory liability for defects shall apply, unless otherwise stipulated below. 3.2. The buyer must inspect the delivered goods for defects without delay.
In the event of a defect, the buyer must inform the seller immediately in order to give the seller the opportunity to remedy the defect.
The defects must be documented for the purpose of providing evidence.
The seller shall have the choice of subsequent performance; the seller shall not be obliged to remove any goods that have already been installed.
If the purchase represents a commercial transaction for the buyer, the buyer must inspect the goods immediately.
He is subject to the so-called commercial obligation to inspect and give notice of defects.
If the notification of recognizable defects is omitted, the goods shall be deemed approved in accordance with § 377 HGB. 3.3 The limitation period for claims for defects is 1 year from delivery. 3.4 The limitations of liability and/or shortening of the limitation period stated in this § 3 shall not apply to claims for damages and reimbursement of expenses of the Buyer (1) in the event of fraudulent concealment of the defect by the Seller or (2) for the limitation period pursuant to § 12 of the Product Liability Act, (3) in the event of grossly negligent or intentional breaches of duty by the Seller, (4) injury to life, limb or health.
Otherwise, the Seller shall not be liable for loss of profit or further damage to the Buyer’s assets; claims for damages against the Seller for slightly negligent breach of duty shall not exist. 3.5 The individual details or descriptions of the goods in the online store may differ slightly.
Minor deviations of the goods within the usual scope (e.g. resulting from production, minor color deviations, deviations resulting from delivery by different manufacturers of the goods) do not impair normal use and do not constitute a defect in the goods.
3.6 Furthermore, guarantees or agreed characteristics of the goods must be expressly agreed in writing in a confirmation or other document if these are expressly requested by the Buyer and accepted by the Seller.
4 Prices, payment, shipment, delivery
4.1. The prices stated in the online store are total prices plus VAT.
value added tax.
Should the prices of the supplier of the goods change or should a price adjustment be unavoidable for the seller due to other circumstances in order to bring about an economic balance between the order price, the expenditure and the sales price, the seller is entitled to adjust the prices before accepting the buyer’s offer. 4.2 In the online store, payment can be made by direct debit, PayPal and credit card.
For orders outside the online store, payment shall be made immediately by bank transfer or PayPal after the seller has issued a proper invoice.
An electronic invoice by e-mail is sufficient.
Default occurs at the latest within 7 days of invoicing for orders outside the online store.
§ 288 Abs.
2 BGB is applicable.
If the buyer is in default of payment, the seller is entitled to withdraw from the contract. 4.3 The goods shall be shipped exclusively at the Buyer’s expense or handed over to the forwarding agent, whereby the Seller shall be entitled to choose the mode of shipment.
The transfer of risk takes place when the goods are handed over to the respective carrier.
In exceptional cases, at the request of the Buyer, collection of the goods on site or transportation by the Seller itself must be agreed separately, at least in text form. 4.4 The buyer shall ensure that access and stopping facilities are also guaranteed for trucks for the purpose of unloading the goods.
Delivery shall be “free kerbside”. 4.5. The delivery times are only approximate delivery times.
In the event of extraordinary circumstances, cases of force majeure, strikes, political unrest, the seller is released from the obligation to deliver, sentence 1 also applies in the event that the buyer does not pay the applicable purchase price.
4.6 The Buyer shall generally also bear the additional costs of express shipping and other shipping methods or costs of additional deliveries which have arisen due to the Buyer’s request. 4.7 The Seller is entitled to make partial deliveries.
5. offsetting and right of retention
5.1 The Buyer may only offset or exercise his right of retention if his counterclaims have been legally established, undisputed or recognized. 5.2 In the event that the Buyer’s financial circumstances have deteriorated more than insignificantly and the Seller has become aware of this, the Seller shall be entitled to withhold the return of the goods until the Buyer has paid the purchase price or provided security.
6. reservation of title
6.1. Ownership shall not pass to the buyer until the purchase price has been paid in full.
The buyer undertakes to treat the goods with care until the transfer of ownership. 6.2. In the event that the buyer resells the goods to a third party prior to payment of the purchase price, he hereby assigns to the seller the claims against the purchaser in the amount of the purchase price owed.
In addition to the seller, the buyer is entitled to collect the claim himself.
As long as the buyer meets his payment obligations properly (without default), the seller shall not collect the claim.
If the buyer is in default or if insolvency proceedings are opened against his assets, the seller may demand that the buyer provides all information necessary for the assignment, notifies the third party to the seller and informs the latter of the assignment.
7 Data protection, applicable law, place of jurisdiction
7.1. The data transmitted by you will be stored.
It will be passed on to third parties in accordance with our privacy policy.
A declaration on data protection can be found in the privacy policy. 7.2. The place of jurisdiction is the registered office of the seller, insofar as permissible.
German law shall apply; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. 7.3. The purchase contract concluded in accordance with these GTC shall also be effective in the event that one or more individual GTC are invalid, unless either the seller or the buyer is unreasonably disadvantaged as a result.
The invalid provision shall be replaced by the statutory provision.