General Terms And Conditions
© 09/2022 Future Beat Industries GmbH. All rights reserved.
Terms and conditions of sale and delivery of products
- Status April 2021 -
1 General/Scope of application
1.1 These terms and conditions apply to all current and future business relations with
and future business relations with
entrepreneurs, legal entities under public law and
legal persons under public law and special funds under public law, in
the version valid at the time of the order.
1.2 The deliveries, services and offers of the Seller shall be effected
shall be made exclusively on the basis of these
terms and conditions, even if they are not expressly
expressly agreed upon again. Contradictory
or deviating from our terms and conditions
terms and conditions shall not apply unless we have
have expressly agreed to their validity. The
following terms and conditions shall also apply if we
are aware of terms and conditions of the customer that contradict or
deviating from our terms and conditions
the delivery to the purchaser without reservation, even if we are aware of the
delivery to the customer without reservation.
1.3 Our offers are subject to change.
1.4 All agreements shall only become valid upon our written
written confirmation or the webshop purchase conclusion. Verbal agreements before or at the conclusion of the contract,
as well as changes or additions, require our written confirmation to
our written confirmation to become effective.
2.1 If no special agreement has been made, the prices are ex warehouse, excluding
prices are ex warehouse, excluding packaging, including VAT, excluding customs duties.
2.2 Our list prices and online prices at the time of the order are decisive. Errors excepted.
3. terms of payment
3.1 The payment of the goods is made by,
Prepayment, PayPal, Giropay, soft bank transfer, credit card or pre purchase on account and installment purchase through our payment service providers. We reserve the right in individual cases to accept or exclude certain
to accept or exclude certain payment methods.
3.2 In the case of payment in advance, the buyer agrees to pay the purchase price within 10 days after the conclusion of the contract.
3.6 In the event of cessation of payments, insolvency,
the application for insolvency proceedings
insolvency proceedings by the Buyer, the ordering of provisional insolvency
insolvency proceedings, the opening of insolvency proceedings or the
or the rejection of insolvency proceedings
for lack of assets, the Seller shall be entitled to
right to terminate the contract.
4.1 If delivery against prepayment or PayPal is agreed, the goods will be
the goods will be shipped after receipt of the purchase price.
dispatched. Delivery times, as well as other deadlines and
and deadlines shall apply only if they have been confirmed
have been confirmed in writing. Delivery periods shall not commence until
agreement has been reached in writing on all details of the
agreement has been reached in writing and the customer has
has fulfilled his obligations to cooperate.
4.2 Delays in performance due to force majeure or unforeseeable events
unforeseeable circumstances for which we are not responsible (in particular
circumstances for which we are not responsible (in particular
disruption of operations, strike or disruption of traffic routes),
which make it impossible or unreasonably difficult for us to
performance or make it unreasonably difficult, shall not result in our
our default. An agreed delivery period
shall be extended by the duration of the hindrance. This
circumstances occur at the suppliers of the seller and their
suppliers of the seller and their suppliers.
The Seller shall inform the Buyer of the beginning and end
Seller shall inform the Buyer as soon as possible. A
agreed delivery period shall be extended by the duration
of the hindrance, even within a delay.
If the impediment lasts longer than one month, then
we and the purchaser shall be entitled, after expiry of a reasonable
extension of time, we and the purchaser shall be entitled to
the part of the contract that has not yet been fulfilled.
from the contract. In this case, claims for damages are
excluded in this case.
4.3 If an agreed delivery period is exceeded, the Seller shall be granted a reasonable grace period.
Seller shall be granted a reasonable period of grace.
4.4 For claims for damages on the part of the purchaser
due to a delay in delivery for which we are responsible.
delivery for which we are responsible shall be governed by Clause 10 of these Terms and Conditions.
4.5 The seller reserves the right to assert claims for
delay in acceptance.
5 Additional services
Consulting and planning services are not part
the subject matter of the contract and are always non-binding.
6. shipment and transfer of risk
6.1 The risk shall pass upon handing over of the goods to the
carrier or the transport company,
at the latest, however, when the goods leave our
warehouse, to the buyer. The handover shall be
if the buyer is in default of acceptance.
This shall also apply to partial deliveries.
6.2 Packaging and mode of dispatch shall be at our discretion.
6.3 Insurance of the consignment against damage in transit shall be
shall only be effected at the express request and
at the expense of the purchaser.
6.4 Deliveries to the purchaser are subject to the reservation of
national and international regulations of
foreign trade law, embargoes or other legal prohibitions.
7. acceptance of the goods/complaints and
7.1 Delivered goods, even if they show insignificant complaints
complaints, shall be accepted by the customer.
by the customer.
7.2 The customer shall inspect the goods for defects immediately after
goods immediately after receipt to ensure that they are free of defects.
The purchaser must report any visible defects without delay,
at the latest two weeks after receipt of the goods,
in writing. Other material defects shall be reported by the
immediately after discovery in writing.
in writing immediately after discovery.
The date of receipt of the notice of defect by us shall be decisive.
In the event that a defect is not notified in time, the
assertion of warranty claims is excluded.
8. retention of title
8.1 We reserve title to all goods delivered by us until the buyer has
goods delivered by us until the purchaser has paid all and any
future liabilities - for whatever legal reason - arising from the
legal grounds - from the business relationship with us.
from the business relationship with us.
8.2 In the event of default in payment by the Buyer, the Seller shall be entitled to take back the
to take back the goods after a reminder and the
the Buyer to surrender the goods.
8.3 The Buyer shall only be entitled within the scope of ordinary
business operations, to sell goods delivered by us (reserved goods).
goods delivered by us (goods subject to retention of title).
8.4 If the sales price is deferred to the purchasers, the purchaser must
the Buyer shall retain title to the goods sold vis-à-vis the buyers.
ownership of the goods sold under the same conditions under which the
the same conditions under which we reserve title upon delivery of the goods
reserved title upon delivery of the reserved goods.
delivery of the goods subject to retention of title. Without this reservation the buyer is not entitled to
resale of the goods without this reservation.
8.5 The Buyer hereby assigns to us the purchase price to which he is entitled against the
from the resale of the goods to the purchaser.
from the resale to us.
8.6 In the event of cessation of payments and/or filing for insolvency
insolvency proceedings, the right to resell the goods subject to
resale of the goods subject to retention of title, as well as the
collection of the assigned claims.
8.7 The Buyer shall be obligated to provide the Seller at any time upon request with
information at any time about the whereabouts of the
goods delivered subject to retention of title and about the claims
and about the claims arising from the resale.
9. material defects
9.1 The goods delivered by us shall only be warranted if they are used under normal
under normal operating conditions.
conditions. Excessive stress and/or wear and tear
wear and tear shall not constitute a material defect
or use of the goods outside the scope of the contractually
or usual use of the goods.
Permissible or customary deviations (tolerances)
shall not constitute a material defect.
9.2 There shall be no claims based on defects in the event of only insignificant
deviation from the agreed quality
agreed quality or in case of insignificant
impairment of usability.
9.3 A guarantee for the quality of an item shall only be given if a
only if a guarantee of quality is expressly designated as such by us
expressly designated as such in the offer.
has been expressly designated as such in the offer. Public statements, recommendations or
or advertising by the manufacturer do not constitute a contractual
quality of the goods in accordance with the contract.
9.4 In the event of a material defect in the delivered goods within the
delivered within the warranty period, the cause of which
cause already existed at the time of the transfer of risk
the time of the passing of risk, we may, at our option, remedy the defect or
remedy the defect or deliver a defect-free
deliver a defect-free item. In this case, the buyer may not dispose of
goods and/or resell them until an agreement has been reached on the
an agreement on the settlement has been reached.
The buyer is only then entitled to withdraw from the contract
and/or to claim compensation for damages
after massage of number 10 of these conditions
conditions, if the supplementary performance has repeatedly
9.5 Should we be responsible for a breach of duty arising from the contractual relationship
and acknowledged in writing, the buyer shall
the purchaser has to make good within a reasonable period of time after
period after our request to declare
whether and, if so, which rights he asserts on account of the
he asserts on account of the breach of duty.
9.6 The warranty period for claims and rights
due to defects in the deliveries/services, irrespective of the legal grounds
legal grounds - is 2 (two) years within Germany,
unless the law prescribes other mandatory periods.
periods prescribed by law. For claims for damages
claims of the purchaser in accordance with clause 10 of these
the statutory limitation provisions shall apply.
9.7 The Buyer shall notify the Seller of any warranty case
case of warranty occurring in the case of a consumer, the
Seller without delay.
10 Liability/claims for damages
10.1 We shall be liable for damages and for the reimbursement of
futile expenses due to breach of contractual or
contractual or non-contractual obligations only
a) in case of intent and gross negligence,
b) in the event of negligent or intentional injury to life, limb or health, or
life, body or health,
c) in the event of the assumption of a quality guarantee,
d) on the basis of mandatory liability in accordance with the
product liability law,
e) in the event of negligent or intentional breach of essential
essential contractual obligations,
f) on the basis of other mandatory liability provided for by law.
mandatory liability provided for by law.
10.2 Compensation for damages for breach of material contractual obligations
contractual obligations shall be limited to the foreseeable damage
foreseeable damage typical for this type of contract and limited
limited to a maximum total amount of one times the
the amount of one times the order value. The liability
for indirect and/or unforeseeable damage and consequential damage
consequential damages is excluded.
This limitation of liability shall not apply in the event of
there is intent or gross negligence or
due to injury to life, body or health or the
health or the assumption of a guarantee of quality.
guarantee of quality.
10.3 A change in the legal burden of proof is not associated with the provisions.
the provisions is not connected with it. Insofar as our
liability is excluded or limited, this shall also apply to the
liability of our employees, representatives and vicarious agents,
employees, representatives and vicarious agents.
11. taking back of goods
11.1 The Buyer shall have no right to demand the return of goods
delivered in accordance with the contract.
11.2 Insofar as we agree to the return of ordered goods which are
defect-free goods, returns shall only be accepted if they are
only free of defects and in their original
accepted. Goods that are not free of defects and not in their original
goods will be returned to the sender
sent back to the sender.
12. note on data protection
The buyer grants us the right to use the data arising from the
business relationship or in connection therewith
or related data in compliance with the Data Protection Act
13. binding nature of the contract
The contract shall remain binding in its remaining parts even if
individual points are legally invalid, the remaining parts of the contract shall remain binding.
The invalid provision shall be deemed to have been replaced by an
by a valid provision which is as economically equivalent as possible.
14 Place of jurisdiction and applicable law
Place of jurisdiction is Mannheim, if the buyer is
is an entrepreneur. This agreement is subject to the
German law. The application of the UN Convention on Contracts for the International Sale of