1. The terms and conditions apply to all current and future business relationshipsof Mein Lagerraum³ GmbH, Magdeburger Str. 58, 01067 Dresden (seller) with contract partners(buyer) through the purchase of standard products as well as individually manufactured for the buyeror adapted products (e.g. factory deliveries). The terms and conditions apply to consumers within the meaning of § 13BGB and for entrepreneurs within the meaning of Section 14 BGB equally, unless individual regulations applyExplicitly only address consumers or entrepreneurs.
Die AGB gelten für Verbraucher i.S.d. § 13 BGB und für Unternehmer i.S.d. § 14 BGB gleichermaßen, sofern sich einzelne Regelungen nicht explizit jeweils nur an Verbraucher oder Unternehmer richten.
2. Divergent, conflicting or supplementary general terms and conditions ofBuyers do not become part of the contract even if they are aware of them, unless their validity becomes validagreed expressly and in writing.
3. The language available for concluding the contract is exclusively German.
(1). The buyer is entitled to demand changes to the contractual services,
in particular if performance requirements change during contract execution.The seller will comply with the change request ifreasonable, technically feasible and within the scope of its operational capacityThe original order is not endangered as a result. Each change request must be formulated in text formand first submit it to the seller for review and implementation.
(2) The seller is generally entitled to changes in performance as defined in paragraph (1) above
remunerate, even if no express agreement has been made about this. The remuneration is
comprehensible in his statement. Insofar as the buyer has no reasonable doubts about the
If the statement of additional expenses is correct, the presumption of correctness of
Billing.for the additional expenses incurred by the seller as a result of the change in performance compared toto pay the originally agreed service. The seller shows the additional costs
(3) Additional expenses, which are to be paid separately, include all other services provided by
Sellers based on subsequent requests for changes and additions by the buyer.
1. The purchase price is generally due upon delivery of the object of purchase, unless
that other payment arrangements have been agreed.
2. only applies to business customers, § 14 BGB: However, deviating from point 1, the purchase price is
Always make delivery in advance (advance payment) if it is the first
transactions between seller and customer.
3. In the case of deliveries of works (see Z. I No. 1), the seller is entitled to
Advance payments...
to demand. If the services provided are not in accordance with the contract, the buyer can make payment
refuse an appropriate portion of the discount.
4. Price changes are only permitted if, between the conclusion of the contract and the agreement
The delivery date is more than 4 months. If wages then increase until delivery
Material costs, market cost prices or other related to the provision of services
related costs, the seller is entitled to set the price in accordance with the cost increase,However, to increase by a maximum of 10%.
5. The buyer will be in default of payment at the latest if he does not comply within 30 days
due date and receipt of an invoice or equivalent payment statement. This applies
vis-à-vis a buyer who is a consumer, only if there are consequences of these in the invoice or
Payment statement has been specially pointed out. If the date of receipt of
If the invoice or payment statement is uncertain, the buyer, who is not a consumer, arrives
In default no later than 30 days after the due date and receipt of the payment.
6. Insofar as the seller charges shipping costs, these are generally separately included in the offerdisplayed and shown on the invoice. In addition, the buyer does not incur anyadditional, hidden shipping costs.
7. The following payment methods are available to the buyer as an option:
8. The seller is not the payment method chosen to process the payment in the seller
committed. If the latter rejects the payment method, the buyer remains obliged to make the payment
to provide by choosing another means of payment. The seller becomes the buyer in
inform this case in good time. A legitimate reason for refusing the payment method is
In particular, lack of credit rating. Insofar as the buyer uses a free means of payment
However, it is ensured that the alternative payment method is also free of charge toIt is available.
9. In the event of legal and/or contractual claims for damages against the buyer due to9. Stornierung und Schadensersatz bei Nichtabnahme (Gilt nur für Unternehmer nach § 14 BGB):Failure to pay the purchase price, the seller may, without prejudice to the possibility of a higherto claim actual damage, 10% of the sales price as a lump sum for theClaim costs incurred for processing the order and for lost profit. DemBuyers are allowed to prove that no damage has occurred at all or was significantlower than the lump sum set above.
(a) Ein vertragliches Stornierungsrecht des Käufers besteht nicht. Stimmt der Verkäufer einer Stornierung des Auftrags auf Wunsch des Käufers aus Kulanz schriftlich zu, ist der Verkäufer berechtigt, eine Stornopauschale in Höhe von 15 % des Bruttowarenwertes für die Bearbeitung und Vorhaltung der Ware zu verlangen.
(b) Erfolgt die Stornierung oder die Absage des Liefertermins durch den Käufer kurzfristiger als 3 Werktage vor dem vereinbarten Liefer- oder Abholtermin, erhöht sich die Pauschale auf 30 % des Bruttowarenwertes. Zusätzlich hat der Käufer alle bereits unwiderruflich entstandenen Drittkosten (z.B. bereits beauftragte Speditions- oder Krankosten, Fehlfrachten) zu 100 % zu ersetzen.
(c) Bei individuell für den Käufer angefertigten, modifizierten oder farblich angepassten Produkten (Werklieferungen gemäß Abs. I Ziffer 1) ist eine Stornierung nach Beginn der Produktions- oder Anpassungsarbeiten vollständig ausgeschlossen.
(d) Dem Käufer bleibt in allen Fällen der Nachweis gestattet, dass dem Verkäufer kein oder ein wesentlich geringerer Schaden entstanden ist. Der Verkäufer behält sich vor, einen nachweisbar höheren tatsächlichen Schaden geltend zu machen.
1. The seller retains title to the object of purchase until full paymentall claims arising from an ongoing business relationship.
2. The buyer is obliged to carefully purchase the object of purchase subject to retention of titletreat. If maintenance and inspection work is required, this is carried out byBuyers carried out regularly and at their expense.
3. The buyer is obliged to give the seller access to the object of purchase by third parties
(seizure, seizure, etc.) immediately in writing and to the third party on the
report reserved ownership. The change of ownership, damage or destruction ofThe object of purchase and the buyer's change of residence are immediate to the sellerto be reported in writing.
4. The buyer is entitled to purchase the object of purchase in the ordinary course of business
resell. Upon conclusion of the contract, the buyer assumes all claims in the amount of
Purchase price claim that he accrues against a third party as a result of the resale. TheSeller accepts the assignment. After the assignment, the buyer is required to collect the claimempowers. The seller reserves the right to collect the claim himself as soon as the buyerdoes not properly meet its payment obligations and is in default of payment.In this case, the seller may demand that the buyer pay the assigned claim and itsdiscloses the debtor, provides all information required for collection, the associatedhands over documents and notifies the debtor of the assignment.
5. The processing and transformation of the object of purchase by the buyer is always carried out forsalesman.
6. The seller undertakes to provide the securities to which he is entitled at the buyer's request
release insofar as these exceed the value of the claim to be secured by more than 10%.
7. In the event of a breach of obligations under 2. and 3. of this section, the seller is entitled
to withdraw from the contract and demand the return of the object of purchase.
(1). In principle, only the dates contractually agreed in writing or text form apply for
the seller's services and deliveries.
(2) In case of doubt, agreed dates in accordance with paragraph (1) only justify the due date of
Contractual services/deliveries and therefore do not represent relative fixed debts within the meaning of Section 323 (2)No. 2 BGB still represent absolute fixed debts of the seller, if this is not the case by the partieshas been agreed. In addition, exceeding these deadlines by the seller precludesSection 286 Paragraph 2 No. 1 BGB giving rise to default only after a proper reminder
(3). Fixed completion or delivery dates are not binding for the seller, provided thatthese cannot be complied with for reasons that the buyer alone or primarilyhas responsibilities. This applies in particular in the event of a breach of cooperation obligationsof the buyer and when implementing the buyer's requests for changes that involve an adjustmentmake the schedule necessary.
4. The delivery period begins when the order confirmation is sent, but not beforeProvision of any documents, permits, approvals to be obtained by the buyer, andbefore receipt of an agreed down payment.
4a. Bei Auswahl der Zahlungsart Vorkasse (Banküberweisung) beginnt die Lieferfrist abweichend von Ziffer 4 am Werktag nach der Erteilung des Zahlungsauftrags durch den Käufer an sein überweisendes Kreditinstitut.
4b. Bei Auswahl der Zahlungsart Rechnungskauf beginnt die Lieferfrist am Werktag, der auf den Tag des rechtmäßigen Vertragsschlusses (Absendung der Bestellung durch den Käufer) folgt. Die Auslieferung der Ware ist in diesem Fall nicht an einen vorherigen Zahlungseingang gebunden.
5. The delivery period is met if readiness for dispatch has been notified by the time it expires andDelivery is then arranged by the seller immediately.
6. The delivery period is extended in the event of measures taken as part of industrial disputes, in particular
strike and lockout as well as persons who are not at fault of the seller when entering and/or
unforeseen obstacles that are beyond the seller's control, e.g.Operational disruptions, delays in the delivery of essential materials, insofar assuch obstacles objectively impede the delivery of the purchased item. The delivery timeis extended in accordance with the duration of such measures and obstacles, their commencement andThe buyer will be notified of the end immediately, insofar as this is possible for the seller andis reasonable. The seller is not responsible for these circumstances even if they occur duringan existing delay occurs.
1. The purchased item is delivered ex works (manufacturer or sub-supplier) by
seller himself or through a transport company to the one specified by you
Delivery address. In both cases, a fate has been agreed upon.
2. The risk of accidental loss and accidental deterioration of the object of purchaseOn delivery in accordance with Section 1 above, at the latest when the delivery is handed over to theTransport company or to your own transport vehicle to the buyer, namelyeven if partial deliveries are made or the seller provides other services, e.g.has assumed shipping costs or delivery and installation. At the buyer's request,At his expense, the shipment by the seller against theft, breakage, transport, fire andWater damage and other insurable risks insured. Sentence 1 does not apply if theBuyer as a consumer within the meaning of § 13 BGB buys.
3. If dispatch is delayed as a result of the buyer's default of acceptance, the risk is
From the date of readiness for shipment to the buyer; however, the seller is obliged toThe buyer's desire and costs to take out the insurance that the buyer requires.
4. Is it agreed between the parties that the buyer will collect the goods from the selleris (payment debt), the buyer is automatically in default of acceptance if he does not deliver the goods byPick up from the seller at the end of the contractually agreed collection period. From the sixth day afterExpiry date, the seller is entitled to charge the buyer storage costs of 2 euros per day
4. If delivery to the buyer fails because the delivery address is incorrect or incompletehas been specified, a new delivery attempt will only be made if the buyer has the immediateAssumes the costs of reshipment. These costs correspond to the costs at the time of conclusion of the contractagreed costs. The costs of the first delivery attempt are borne by the buyer if thefailed or delayed delivery is due to his fault.
5. Partial deliveries are permitted, provided that this is reasonable for the buyer in individual cases.
6. In the event that the ordered goods are unavailable for which we are not responsible as a result ofuntimely or incorrect delivery (including delivery of small quantities) bythe buyer's (pre) supplier despite a contract between the buyer and the (pre) supplierThe seller reserves the right not to deliver the ordered goods. In this caseDoes the seller commit to immediately inform the buyer of the unavailability of the orderedto inform the goods and immediately refund payments already received from them.
8. Für Käufer, die Unternehmer i.S.d. § 14 BGB sind, ist eine freiwillige Rückgabe oder Stornierung mangelfreier Ware nach Vertragsschluss grundsätzlich ausgeschlossen. Stimmt der Verkäufer einer Rücknahme oder Stornierung im Einzelfall aus Kulanz schriftlich zu, hat der Käufer die vollständigen Kosten des Rücktransports (einschließlich etwaiger Lade- und Krankosten) zu tragen. Zudem ist der Verkäufer in diesem Fall berechtigt, eine Aufwands- und Einlagerungspauschale in Höhe von 15 % des Bruttowarenwertes geltend zu machen, es sei denn, der Käufer weist nach, dass ein Schaden überhaupt nicht oder in wesentlich geringerer Höhe entstanden ist.
(1.) The buyer is obliged to provide the seller with reasonable and reasonable effort in
to support its provision of services, insofar as the buyer's cooperation for
The execution of the contract without delay and without errors is necessary or appropriate. WithAll of the buyer's obligations to cooperate are genuine obligations of the buyer.
(2.) The buyer immediately notifies the seller of faults and deficiencies in the contractual services
and notify the seller when determining the causes and eliminating them in
to support a reasonable extent and all reasonable measures for prevention and
to mitigate damage.
(3.) As long as cooperation or provision services have not been provided in accordance with the contract, the
Exempted seller from his relevant performance obligation in whole or in part insofar as theThe seller is dependent on the respective cooperation or provision. The seller is notresponsible for performance disruptions caused by the non-contractual provision ofCollaboration/provision services are provided by the buyer.
(4.) Involved as a result of the non-contractual provision of the collaboration/provision serviceAdditional expenses may be charged separately by the seller. If necessary, furtherThe seller's claims remain unaffected.
(1) Sales contracts are subject to the statutory warranty law of Sections 434 et seq. of the German Civil Code, insofar as thisis not modified in the following provisions.
(2.) The limitation period for claims for defects for used items is 1 year from
Transfer of risk. This does not apply in the case of claims for damages, insofar as these are in accordance withLiability conditions in Section XI may not be limited.
(3.) Has the buyer brought a claim against the seller for warranty claims andIf it turns out that there is either no defect or that the claimed defect isis based on a circumstance which does not oblige the seller to provide a warranty, then the buyer hasinsofar as he is responsible for the claims made by the seller and his workload,to reimburse him for all costs incurred as a result.
The following regulations apply only to sales to entrepreneurs in accordance with § 14 BGB
(3.) The legal warranty for used items is excluded, with the exception ofCompensation claims that are not limited in accordance with the liability conditions in accordance with Section XIwill be allowed.
(4.) The seller is entitled to withhold repayment if the buyer does not
paid the contractually owed purchase price reduced by the value of the defect.
(5.) Contrary to legal regulations, in the event of a defect, the seller is entitled to
to carry out.Right to vote, replenishment through removal of defects or delivery of new goods(6.). The limitation period for claims for defects is 1 year from transfer of risk. This does not apply inCase of claims for damages, insofar as these are in accordance with the liability conditions in Section XI.may not be restricted.
4. Die Verjährungsfrist für Mängelansprüche beträgt 1 Jahr ab Gefahrübergang. Dies gilt nicht im
Fall von Schadensersatzansprüchen, soweit diese gemäß der Haftungsbedingungen in Ziffer XI. nicht beschränkt werden dürfen.
(7.) The buyer's warranty rights presuppose that the buyer owed in accordance with Section 377 HGB
has met investigation and complaint obligations. Is there a legal obligation to give noticeNo, it is agreed that the buyer will provide obvious defects in writing within two weekshas to display. Otherwise, with regard to the respective defect, theWarranty rights with the exception of claims for damages.
(8.) Minor and industry-specific technical changes as well as minor and
Industry-specific changes in shape, color and/or weight remain within the scope of
Reasonable reservations and do not result in a deviation from the agreed
texture.
(9.) The buyer is not entitled to reimbursement of expenses incurred in repairing the
Purchased item is created
(1.) In accordance with legal regulations, the seller is fully liable for damage arising from
negligent breach of duty or an intentional or negligent breach of duty of hisInjury to life, limb or health caused by an intentional oris based on vicarious agents.
(2.) In addition, the seller is fully liable in accordance with statutory provisions for
other damages if these are based on the breach of an essential contractual obligation. This
proper execution of the contract is only possible in the first place, the violation of which isIs the case if the breach of duty relates to an obligation whose fulfilment isThe achievement of the purpose of the contract is endangered and the buyer usually depends on compliance with itwas allowed to trust. However, in the event of a breach of an essential contractual obligation, liability is due tolimits foreseeable, typically occurring damage.
(3.) The seller is also fully liable for the absence or loss of a guaranteedcharacteristic or for failure to comply with a warranty, as well as in the case of claims underProduct Liability Act.
(4.) The seller is only liable for all other breaches of duty in the event of intent and gross
negligence. This applies to all claims for damages without exception, regardless of their
Compensation claims can be made.legal nature, as well as for claims for reimbursement of expenses, which instead of a
(5.) Insofar as liability for damages is excluded in accordance with the above regulations, or
is limited, this also applies with regard to the personal liability of
Employees, workers, agents and vicarious agents of the seller
1. Offsetting against purchase price claims is only undisputed or legally bindingestablished claims are admissible. The preceding sentence does not apply if, with a claim thatinsists on defective performance by the seller, against this compensation claimis calculated.
2. The buyer's right of withholding is for claims that do not relate to the purchase contractexcluded.
3. Claims against the seller can only be made to third parties with the consent of the seller
be ceded. The provision of Section 354a HGB remains unaffected by this
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS-Plattform) unter https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=de&etrans=de bereit. In Deutschland ist die Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl am Rhein, unter https://www.streitbeilegungsstelle.org/ erreichbar.
Wir sind nicht verpflichtet und nicht bereit, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.
(1.) The buyer receives the mandatory legal information in accordance with §§ 312a - 312j BB in
As part of the ordering process and in the emails sent to you, insofar as they are sent to the buyer
Information has not already been provided in these terms and conditions.
(2.) Special codes of conduct not mentioned in the above terms and conditions are subject to
Not the seller.
(1). Graphics, images and patterns on articles as well as the design and shape of the articles themselvesmay be protected by copyright or industrial property law in individual cases. TheThe seller is the owner of the exclusive rights to use these protected products/product ingredients.
(2) The buyer has no rights to use these products/product components
Granted. Section 17 (2) UrhG remains unaffected by this.
(3). The buyer undertakes to refrain from any use of these products/
Product components beyond intended use, in particular for
omission of reproduction, imitation, distribution, exhibition, presentation,
making publicly available, broadcasted, reproduced by video or audio media, and
editing.
This obligation applies regardless of whether an intellectual property right is disputed in individual cases
The object actually exists.
(1) The law of the Federal Republic of Germany will apply to the exclusion of
UN sales law agreed.
(2.) Is the buyer a merchant, a legal entity under public law or a
special fund under public law or does it have none in the Federal Republic of Germany
general place of jurisdiction, the place of jurisdiction for all possible disputes arising from
Business relationship between provider and customer chosen by provider Dresdenor the customer's registered office. In these cases, however, Dresden is responsible for lawsuits against the providerexclusive place of jurisdiction. Mandatory legal provisions on exclusiveJurisdiction remains unaffected by this provision
(3). There are no ancillary provisions outside this contract and its annexes.
Amendments or additions to this contract, the assurance of features and guarantees
Textual form requirement.They always require the text form in order to be effective. This also applies to the repeal of
(4). Should any provision of this contract be or become invalid in whole or in part, or theIf the contract contains a loophole, the remaining legal invalidity remainsContractual provisions are not affected by this.
End of the terms and conditions