§1 Scope of application & defence clause
(1) The legal relationships between the operator of the shop (hereinafter referred to as the ‘Provider’) and its customers established via this Internet shop shall be governed exclusively by the following General Terms and Conditions in the version applicable at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected unless their validity has been expressly agreed to in writing. These General Terms and Conditions apply exclusively to the legal relationships between the supplier and its customers established via this Internet shop.
(3) A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity.
§2 Conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.
(2) By sending the order in the Internet shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also recognises these terms and conditions as the sole authoritative terms for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
(4) The contract is concluded as soon as the supplier accepts the order by means of an express declaration of acceptance or by delivering the goods. The contractual partner is Ebinger GmbH, Edesheimer Str. 51, DE-76835 Rhodt unter Rietburg, represented by the managing director Markus Ebinger.
§3 Retention of title
(1) The delivered goods remain the property of the supplier until full payment has been made.
(2) The customer is obliged to treat the goods with care as long as ownership has not yet been transferred to him. The customer is obliged to insure the goods against theft, fire and water damage at replacement value if they exceed a considerable value. If maintenance or inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered goods are seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court costs of an action pursuant to §771 ZPO, the customer shall be liable for the loss incurred by us.
(3) The treatment and processing or transformation of the goods by the customer shall always be carried out in our name and on our behalf. In this case, the customer's expectant right to the goods shall continue in the remodelled item. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our goods to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created in safe custody for us. To secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.
(4) The customer, who is not a consumer, is authorised to resell the goods subject to retention of title in the normal course of business. The customer hereby assigns to us the claims against the purchaser arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, we shall not collect the claim as long as the customer fulfils his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended. [Note: This clause shall not apply if no extended retention of title is intended.
§4 Deliveries
(1) Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are subject to change.
2) The supplier is registered with the competent authority in accordance with the regulations on the disposal of sales packaging in France. The supplier's Unique Identification Number (UIN) for the disposal of sales packaging in France is: FR409176_01TAJK. This number is used for the proper return and disposal of sales packaging in accordance with French environmental regulations.
(3) For distribution in Austria, all household and commercial packaging of all tariff categories is exempt from the collection and recycling system Bonus Holsystem under the number P5794. This number is used for the proper return and disposal of sales packaging in accordance with Austrian environmental regulations.
§5 Due date
Payment of the purchase price is due upon conclusion of the contract. In the case of payment by direct debit, the debit will be announced in writing at least 3 days in advance.
§6 Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. For claims for damages by the customer against the provider, the provision in § 6 of these GTC applies.
2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs or persons who are not consumers, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs is the right of recourse according to § 478 BGB.
(3) Warranty rights of customers who are not consumers presuppose that they have properly fulfilled their inspection and complaint obligations in accordance with § 377 of the German Commercial Code.
(4) A guarantee is not declared by the provider.
$7 Exclusion of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability stipulated in Section 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
§8 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the consent of the provider, unless the customer can prove a justified interest in the assignment or pledging.
§9 Offsetting
The customer shall only have a right of set-off if his claim for set-off has been recognised by declaratory judgement or is undisputed.
§10 Choice of law & place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the contractual relationship between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of fulfilment is Rhodt unter Rietburg, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is Landau in der Pfalz, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§11 Severability clause, miscellaneous
(1) Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally valid provision that comes closest to the meaning and purpose of the invalid provision
(2) Deviating agreements must be made in writing.