Terms and Conditions
Siebenrock GmbH
The subsequent conditions of delivery and payment are valid only for business clients in the legal sense of §14 BGB (German Law).
§ 1 Preface
All supplies of Siebenrock GmbH (limited liability company) are in force of the subsequent conditions. Contrary or different conditions to those outlined by Siebenrock GmbH are invalid unless the Siebenrock GmbH should have explicit and in writing agreed to them. The following conditions remain valid even if the Siebenrock GmbH should fulfill the supply to its client without reservation in spite of having knowledge of dissent conditions of the client contrary or deviate from the conditions of the Siebenrock GmbH.
§ 2 Conclusion of Contract
2.1 All offers made and published by Siebenrock GmbH in the Internet or in their catalogues are not binding. Siebenrock GmbH reserves the right of changes to technology or prices.
2.2 Internet Orders
By clicking the order button the customer declares that he has acknowledged and accepted these general terms and conditions of sale. The customer’s order constitutes a binding offer made to Siebenrock GmbH to purchase the contents of the virtual basket. The contract is only concluded on conirmation of the order by Siebenrock GmbH. This conirmation can either be given in writing, orally or via e-mail after the placement of the order. The contractual agreement between Siebenrock GmbH und the customer is sent to the customer via e-mail and can be saved and downloaded by the customer in order to be printed. This also applies to these general terms and conditions of sale.
2.3 Other Orders
The customer makes a binding offer to conclude a contract of sale by placing an order for the goods he requires via e-mail, telephone, telefax or mail. The contract is deemed concluded on acceptance of this offer by Siebenrock GmbH. Acceptance is made subject to availability of the goods ordered.
§3 Obligation to Disclose Data
3.1 The customer has to disclose all data relevant to the execution of the order. The customer is obliged to be truthful about the information relevant to the order. He is obliged to inform Siebenrock GmbH immediately and in written form about any changes to any data relevant to the order, in particular changes to the authorization of any person authorized to place orders for the customer.
3.2 Siebenrock GmbH reserves the right to terminate any contract that might already have been concluded, should the customer fail to give this information or should he supply incorrect data from the start. The termina¬tion of contract can also be declared via e-mail.
3.3 The customer has to ensure that any of the e-mail addresses given to Siebenrock GmbH is reachable from the time of giving such an email address. He has to ensure in particular that the reception of e-mails is not made impossible due to re-routings, closures or overloads of the e-mail account.
3.4 It is assumed that the data given is incorrect in the sense of number 3.2, if an e-mail addressed to the customer is rejected three times or if the order cannot be executed due to an incorrect delivery address.
§ 4 Delivery
4.1 Siebenrock GmbH reserves the right to deliver a replacement item of the same quality and price, if the item originally promised is not in stock.
4.2 Siebenrock GmbH will deliver the goods ordered to the address stated in the order.
§ 5 Delay
In case of a delayed payment the seller is entitled to call for interest of 8% above the current base lending rate. The assertion of a higher disprofit is reserved.
§ 6 Retention of Title
6.1 The title to the goods delivered passes to the customer on payment of the purchase price in full. If Siebenrock GmbH replaces items to ful?l their contractual liabilities towards the customer, the title of the item re¬turned passes back to Siebenrock GmbH while the title of the replacement item passes to the customer once the customer has ful?lled his contractual liabilities towards Siebenrock GmbH.
6.2 If the item purchased is to be connected to a third object not be¬longing to the customer, the customer will receive joint title to the newly created item proportionally to the value of the item bought compared to the third, connected object. If the connection is made in such a way that the customer’s purchased item becomes the main object, the customer shall transfer the proportional part of the title to Siebenrock GmbH. The customer shall keep the sole or shared title to the item thus created for Siebenrock GmbH.
6.3. A reclaiming of the products ordered or a claiming of rights arising from the retention of title due to a delay in payment constitutes a termina¬tion of contract, unless Siebenrock GmbH clearly states otherwise.
§ 7 Payment
7.1. All prices are quoted in Euros including VAT and are subject to change. They are ex-works and costs and charges for transport, packing and insurance will be billed to the customer.
7.2 The purchase price is due immediately. Payment of the purchase price is executed by a credit card accepted by Siebenrock GmbH at the time of conclusion of contract, by direct debit, by payment on delivery, payment in advance or by payment in cash.
Orders from non- EU countries can only be accepted against payment in advance, MasterCard or Visa card, orders from EU countries are also accepted against payment on delivery.
7.3 If payment on delivery has been agreed upon, the invoice comes due immediately on delivery or performance or immediately after the cus¬tomer has received the invoice. When payment by credit card has been agreed upon, the purchase price becomes due as soon as the goods have been consigned to the customer and have left the warehouse.
7.4 The customer shall only have the right to set off his claims against Siebenrock GmbH if the claims are legally valid or if they are uncontested.
7.5 The customer shall only be able to retain payment if his claims are based on the above-mentioned legal grounds.
§ 8 Warranty
Upon reception of the goods the client is obliged to inspect these without delay and to report hidden faults in writing within 7 days. This is valid also in case of a regress through the client according to §§ 478, 479 BGB. The Siebenrock GmbH is liable for hidden faults of the delivery item as follows:
a) The Siebenrock GmbH warrants newly produced items for 1 year beginning with the delivery to be free of defects. In case of used items warranty is excluded.
b) The Siebenrock GmbH provides supplementary performance due to the delivery of a faultless item or the repair of the faulty item. To enable the Siebenrock GmbH to provide supplementary performance an adequate time and chance must be granted. If the Siebenrock GmbH is refused this chance it is disburdened of the supplementary performance and further warranty claims.
c) If no supplementary performance is provided within the time limit set, the client is entitled to claim damages in stead of goods and service and/or withdrawal as well as a price reduction in cases of neglible faults. No set of a time limit is required if the Siebenrock GmbH has eventually refused the supplementary performance or if at least 3 attempts of supplementary performance have failed. Other than the before mentioned warranty claims, in particular claims for damages are excluded according to the requirements outlined under § 10 of these terms and conditions of business.
d) No warranty is assumed for faults that occur after passing of risk which are caused through circumstances within the clients sphere, be it wear and tear of the delivery item, improper or not qualified use of the delivery item, incorrect or careless treatment, erroneous assembly or operation by either the client or a third party. Furthermore warranty claims can't be submitted in cases of repair attempts or modifications by the client unless the fault is not in causal relation to the modification.
e) Claims of the client concerning the expenditure necessary for the purpose of supplementary performance, in particular costs of freightage, travel, labour and material are precluded inasfar as the expenditures have risen because the delivery item has been moved to a different location subsequently, unless the move conforms to its intended use.
f) Regress claims of the client against the Siebenrock GmbH according to § 478 BGB exist only inasfar as the contract between the client and his consumer are subject to a legal order which stringently implies such a regress claim and inasfar as the client has not made an agreement with his consumer that extends the legal fault claims. The amount of the regress of the client against the supplyer is defined in § 10.
g) Inasfar as single items delivered are sold by the client directly to the consumer, the client is entitled to prove fault claims against the Siebenrock GmbH under the following preconditions:
- In case the consumer demands a kind of supplementary performance for a material defect, which can be rejected by the client according to § 439, chapter 3 BGB, the client is obliged to make use of this right of denial. If he fails to do so he is oblieged to pay the resulting additional costs himself.
- In case the consumer justifiable demands the delivery of a new item or compensation instead of the complete service or if he justifiable withdraws the contract, the client is obliged to insist on the restitution of the advantage derived by the consumer.
- In case the client makes use of his right of regress against the Siebenrock GmbH and has retrieved the item from the consumer he has to provide the Siebenrock GmbH an opportunity to check the claimed fault. This has to be done by shipping the item to the Siebenrock GmbH on request for expertise.
§ 9 Rights of the Siebenrock GmbH on bail
If after closing of the contract the Siebenrock GmbH gains knowledge that the client is in an improper capital condition or if payment conditions are not complied with, the Siebenrock GmbH has the right to claim a bail for the service in return.
§ 10 Other liability
10.1. Clients claims on compensation for loss suffered and expenditure, no matter of the legal foundation, especially because of neglect of duty from the contractual obligation and from unauthorized activities are excluded.
10.2 This is not valid inasfar as liability is stringent, for example according to the product liability law, in cases of deliberate intention, culpabale negligence, harm of live, body or health or neglect of important contractual duties. The claim of duties for the neglect of important contractual duties is nevertheless limited to the predictable specific contractual disprofit, insofar as no deliberate intention or negligence of factors, servants or assignees are given or liability is mandatory due to harm of live, body or health or the acceptance of warranty or a exercise risk. A reversal of the burden of proof to the disadvantage of the client is not connected with the previous listed regulations.
§11 Severability Clause
All changes and amendments to this contract have to be made in writing. Oral supplementary agreements have no validity and are not part of this contract.
The general validity of these conditions of contract is not affected by the invalidity of one or more individual stipulations of these terms and conditi¬ons. The invalid stipulation is automatically replaced by the corresponding German legal regulation.
§ 12 Jurisdiction / Applicable Law
All contractual relationships between Siebenrock GmbH and the customer shall exclusively be governed by the substantive law of the Federal Republic of Germany.
§ 13 Court of jurisdiction, applicable law
13.1. If the client is a registered trader the exclusive court of jurisdiction for each conflict arising directly or indirectly from the contractual relationship is at Siebenrock GmbH 's option the headquarters or the branch office of the Siebenrock GmbH.
13.2. The Suttgart headquarters of the Siebenrock GmbH is the place of fulfillment.
13.3. German law is applicable for the contractual relationships.
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