General terms and conditions (AGB's) of the company Capreole / mobil-sattler, owner Christopher Roux
§ 1 validity
The following general terms and conditions of business, delivery and payment (hereinafter referred to as GTC) of Capreole / mobil-sattler (hereinafter referred to as seller) apply to all current and future business relationships, offers and contracts with their customers, regardless of whether these customers are consumers or entrepreneurs Meaning of the civil code are.
The terms and conditions apply in particular to contracts for the sale as well as the manufacture and delivery of movable objects (hereinafter referred to as goods), regardless of whether the goods are manufactured by the seller himself or purchased from suppliers (§§ 433,651 BGB).
The customer's terms and conditions of business do not apply, even if their validity is not separately contradicted by the seller in individual cases. Even if the seller refers to a letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
All agreements, deviations or verbal subsidiary agreements must be made in writing. Individual agreements remain unaffected by this, provided that these have been recorded in writing for both parties.
Legally relevant declarations and notifications that the customer must submit to the seller after the contract has been concluded (notifications of defects, setting of deadlines, declarations of withdrawal or declarations of price reduction) must also be made in writing to be effective.
§ 2 prices and terms of payment
All prices include the statutory sales tax.
Unless otherwise expressly agreed in writing, the seller's prices apply for collection from the warehouse including packaging.
When shipping, the shipping costs are added to the purchase price.
The costs for work on the saddle or accessories are based on the current price list of the seller.
For work at the customer's site, travel costs are incurred, which are to be borne by the customer. These are calculated as follows:
€ 0.50 per kilometer for a one-way route between company headquarters and customer location. If several people take part in the same appointment, the total amount of the travel costs will be divided among the participants.
If an on-site appointment does not take place without prior cancellation (at least 24 hours in advance), a cancellation fee of at least € 45.00 plus travel costs incurred will be due.
Offers and price information contained in advertisements and other advertising material are subject to change and non-binding.
Unless an express binding period has been specified by the seller, a binding period of one week from the submission of the offer by the seller applies. The receipt of the declaration of acceptance by the seller is decisive for the timely acceptance.
The contract between the seller and the customer is concluded by means of a written order confirmation from the seller or, in the case of an appointment, by telephone.
The seller's written order confirmation is decisive for the scope of delivery. Ancillary agreements, reservations, changes and additions made verbally or by telephone are only valid if confirmed in writing by the seller.
The seller reserves the right to make the following changes to the goods after the conclusion of the contract, provided this is reasonable for the customer:
Minor and insignificant color, shape, design, size, weight or quantity deviations.
Payments on site or at the seller's business premises must be made in cash or by transfer to a bank account specified by the seller. Payment via PayPal is also possible via the internet platform. Payments by check are excluded.
Unless otherwise agreed, the purchase price is due immediately and must be paid net without deduction within 5 days of the invoice being issued. In the case of an installment payment agreement, the agreed down payment is due immediately, and the installments are due as per the individual contract.
The agreed payment dates are to be observed by the customer even if a complaint has proven to be justified to an insignificant extent.
Interest on arrears is calculated from the sixth day after invoicing and amounts to 5 percentage points above the base rate.
For the first reminder, the client is entitled to a reminder fee of € 5.00, for the second reminder a reminder fee of € 10.00 and for the last reminder a fee of € 15.00 plus any bank charges incurred to calculate. In the event that the last reminder should come, the customer will not be served again.
A set-off of counterclaims by the customer is only permitted in the case of legally established claims; the retention of due payments is not permitted.
The rights and obligations of the customer are not transferable, ie not transferable to third parties, unless the seller agrees.
If, after the conclusion of the contract, it becomes apparent that the seller's claim to the purchase price is jeopardized by the customer's inability to perform (e.g. by an application to open insolvency proceedings), the seller is obliged to refuse performance in accordance with the statutory provisions and - if necessary - after Setting a deadline - entitled to withdraw from the contract (§ 321 BGB). In the case of contracts for the production of non-representable items (individual or custom-made items), the seller can declare his withdrawal immediately. The statutory regulations on the dispensability of setting a deadline remain unaffected.
§ 3 Delivery Period and Delay in Delivery
The delivery period for special / custom-made products is agreed individually or specified by the seller when the order is accepted. If this is not the case, the delivery time is approx. 12 weeks after receipt of the order.
If the seller does not meet an agreed delivery date, the customer must set a reasonable grace period, which in no case may be less than 2 weeks.
If the seller cannot meet binding delivery deadlines for reasons for which he is not responsible (in particular because the seller's supplier did not deliver on time), the customer will be informed of this immediately and at the same time informed of the expected new delivery deadline. If the service is also not available within the new delivery period, the seller is entitled to withdraw from the contract in whole or in part. In this case, any service already provided by the buyer will be reimbursed immediately.
The occurrence of the delay in delivery by the seller is determined by the statutory provisions. In any case, however, a written reminder is required from the customer.
The rights of the customer according to § 7 of these terms and conditions and the legal rights of the seller - especially in the case of an exclusion of the obligation to perform, e.g. B. Due to the impossibility or unreasonableness of the service and / or subsequent performance - remain unaffected.
§ 4 delivery and transfer of risk
If no special agreement has been made between the buyer and the customer about the type of shipment, this is done at the seller's discretion - in particular with regard to the transport company, shipping route, packaging - whereby the seller is not obliged to choose the cheapest type of shipment.
Deliverycosts has to be paid by costomer.
The shipment will only be insured against breakage, transport and fire damage by the seller at the special request of the customer and at his own expense.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of sales by mail order, however, the risk of accidental loss, accidental deterioration of the goods and the risk of delay are transferred to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services also apply accordingly to an agreed acceptance. The handover or acceptance is the same if the customer is in default of acceptance.
In the case of personal handover, the transfer of risk is generally at the agreed handover location.
§ 5 retention of title
Until all current and future claims of the seller from a purchase contract and an ongoing business relationship have been paid in full, the seller retains ownership of the goods sold.
The goods subject to retention of title may not be pledged to third parties, sold or assigned as security before the secured claim has been paid in full. In the event of third-party access - in particular by bailiffs - to the goods subject to retention of title, the customer will point out the property of the seller and inform the seller immediately so that he can enforce his property rights.
If the customer acts in breach of contract - in particular in the event of default in payment - the seller is entitled to demand the return of the goods subject to retention of title, provided that he has withdrawn from the contract. If the customer does not pay the purchase price due, the seller may only assert these rights if he has previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.
§ 6 Guarantee and Warranty
The warranty period from another manufacturer is based on the manufacturer's warranty conditions and is listed on the warranty card belonging to the saddle. This will be handed over to the end customer after the purchase amount has been transferred in full. If the manufacturer does not have a guarantee card, the invoice serves as proof of guarantee. The warranty conditions can then be found on the manufacturer's website.
The basis of the seller's liability for defects is primarily the agreement made on the quality of the goods. The product descriptions designated as such (including those of the manufacturer), which are provided to the customer before his order or are included in the contract in the same way as these GTC, are deemed to be an agreement on the quality of the goods. However, it must be taken into account that leather is a natural product and there may be slight deviations in terms of color and quality - such as grip, pores, impurities, etc. -.
Insofar as the quality has not been agreed, the statutory regulation must be used to assess whether or not there is a defect (Section 434, Paragraph 1, Clauses 2 and 3 of the German Civil Code). However, the seller assumes no liability for public statements made by the manufacturer or other third parties.
In principle, any complaints by the customer must be reported to the seller immediately, ie without culpable delay. Customers have to notify the seller of obvious defects, ie defects that are so obvious that they are noticeable without special attention, in writing within two weeks of receipt of the goods. In the case of hidden defects, the period for the customer to notify the seller is shortened by one week after the defect has been discovered. Complaints regarding the fit can only be asserted by the customer if the object (horse) determined by the adjustment has not changed significantly in its overall physical constitution. The decisive factors include, in particular, growth, the condition of the feed, condition and use. Whenever the customer complains about a defect, the seller must be given the opportunity to examine it. The test is carried out either in the seller's workshop or directly on site. In the event of an unjustified complaint, the customer has to bear the reimbursement of travel costs, work and, if applicable, shipping costs. In the case of justified notifications of defects, a maximum of two free subsequent improvements or subsequent performance will take place within a reasonable period of time. If the second improvement or subsequent performance fails, a reduction in payment or a replacement delivery can be requested. Withdrawal from the contract and the related reversal can only be requested in the case of serious defects that have a material or processing-related reason. In the event of withdrawal and reversal, 20% of the gross price of the goods will be retained as overhead costs and 3% as a wear and tear fee for each additional month. Regardless of the complaint, the goods must be accepted and properly stored.
Claims by the customer for damages or reimbursement of wasted expenses only exist in accordance with Section 7 of the General Terms and Conditions and are otherwise excluded.
§ 7 Other liability
Capreole / mobil-sattler is liable for damages - for whatever legal reason - in the event of willful intent and gross negligence. In the event of simple negligence, Capreole / mobil-sattler is only liable
for damage resulting from injury to life, limb or health,
for damage resulting from the breach of an essential contractual obligation
Obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer regularly trusts and may trust; in this case, however, the seller's liability is limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability resulting from Paragraph 1 do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.
Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if the seller is responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
The seller cannot accept any liability for damage caused by unsuitable or improper use, treatment or storage of the delivery item. Damage that can be traced back to incorrect assembly or commissioning by the customer or a third party or to natural wear and tear is also excluded from the guarantee.
When the goods are dispatched by the seller, in the event of transport damage, the customer must arrange for the damage to be recorded immediately by rail, post, forwarding agent, etc. prior to acceptance and unloading of the goods. A written certificate must be obtained from the department that records the damage. The unsuccessful party bears the costs incurred in this respect. The customer is responsible for safeguarding any rights of recourse against third parties.
§ 8 First upholstery and experts
For the first aftercare or upholstery of the goods within six weeks, a reduced processing fee and travel costs will be charged. All further work or work after six weeks will be charged according to the current price list of the seller plus travel costs.
In the event of differences of opinion, only experts who are publicly designated for the saddlery trade by a Chamber of Crafts in Germany are allowed to assess performance and delivery deficiencies. If the inspection reveals that unjustified complaints have been made, the customer must bear the costs incurred.
§ 9 Statute of Limitations
All warranty claims from deliveries of used goods expire after one year. Repair work on customer property becomes statute-barred after one year. The guarantee is excluded if the goods are damaged as a result of improper use or repair work by third parties.
In deviation from Section 438 (1) No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If an acceptance has been agreed, the statute of limitations begins with the acceptance.
This does not affect statutory special regulations for third-party claims in rem for surrender (Section 438 (1) No. 1 BGB), in the event of malice on the part of the seller (Section 438 (3) BGB) and for claims in supplier recourse in the event of final delivery to a consumer (Section 479 BGB).
The above limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the customer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195,199 BGB) would lead to a shorter limitation period in individual cases. The limitation of the product liability law remain unaffected in any case. Otherwise, only the statutory limitation periods apply to claims for damages by the customer in accordance with Section 7 of the General Terms and Conditions.
§ 10 Choice of law and place of jurisdiction
The place of performance for payments as well as for all other services is always the registered office of the seller.
The place of jurisdiction for all disputes with the customer is the customer's place of residence. If it is a commercial business relationship, the place of jurisdiction is the seat of the seller.
§ 11 Severability Clause
If individual provisions of these terms and conditions are or become ineffective, or the conditions are incomplete, the validity of the remaining provisions remains unaffected. In place of the ineffective provision, the statutory regulation applies.