Terms and Conditions

1. Relevant conditions and scope
1.1 The following conditions apply exclusively to all our deliveries and services, unless expressly agreed otherwise in writing.
1.2 The customer's conditions only apply if and insofar as we expressly acknowledge them in writing.
1.3 This online shop is only for end users, not for commercial resellers.

2. Information and advice
Information and advice regarding our products are based on our previous experience. The values given here, in particular also with regard to the possible uses of our goods, are only average values and do not represent any description of the quality of the goods. We cannot assume any obligation to adhere precisely to the values and possible uses. If the customer is nevertheless entitled to compensation claims, no. 8 application.

3. Conclusion and content of the delivery contract
3.1 Our offers are always subject to change. A delivery contract is only concluded when we expressly confirm the customer's order in writing or make delivery without separate confirmation. Our order confirmation is decisive for the content of the delivery contract; for deliveries without a separate order confirmation, our delivery note counts as an order confirmation. Verbal statements and statements by our sales representatives / travelers are non-binding in any case.
3.2 All information about our products, in particular the illustrations, drawings, quality, quantity, weight, color, measurement and performance information contained in our offers and printed publications only represent approximate values and are not quality specifications. As far as there are no limits for permissible deviations in the order confirmation and there are no expressly recognized customer specifications, deviations customary in the industry are permitted in any case. The quality, suitability, qualification and function as well as the intended use of our goods are determined exclusively according to our service descriptions and technical qualifications. Public statements, promotions or advertisements by us or third parties do not represent the quality of the goods.
3.3 Guarantees regarding the quality or durability of our goods must be explicitly identified as such in the order confirmation. When samples or samples are supplied, their condition is not considered to be guaranteed, unless otherwise expressly stated in the order confirmation. The same applies to the specification of analyzes. However, we strive to deliver products with properties such as the samples or samples or with the properties mentioned in the analyzes.

4. Delivery and transfer of risk
4.1 In the case of delivery times and dates that are not expressly designated as fixed in the order confirmation, but are only approximate, the customer can set us an appropriate delivery time two weeks after the expiry of these delivery times and dates. We are in default only after the grace period has expired.
4.2 In the event of a delay in delivery or the impossibility, we shall only be liable for claims for damages in accordance with para. 7. According to para. 7. Damage caused by delay to be compensated by us is limited to 0.5% of the value of the late delivery or partial delivery for each completed week, but at most to 5% of the value of the late (partial) delivery.
4.3 In the event of force majeure, such as operational disruptions, transport delays, measures in the context of industrial disputes, in particular strikes and lockouts, as well as in the event of non-delivery, incorrect or late delivery by our supplier, for whatever reason (self-delivery reservation), and for other performance obstacles that we are not responsible for, we can postpone the delivery by the duration of the hindrance and a reasonable lead time thereafter. If it is likely to be a permanent obstacle, we have the right to refuse to deliver the goods in whole or in part. In this case, the customer has no claims for damages against us. He is not obliged to provide the consideration and receives the down payment made by him.
4.4 We are entitled to make partial deliveries. The place of performance is always Hamburg, unless otherwise agreed in writing. The place of performance for our deliveries is our warehouse in Oering.
4.5 We expressly reserve the right to end the business relationship at any time without giving reasons and not to accept any further orders from the customer.
4.6 Agreed types of dispatch are understood in accordance with Incoterms 2010.
4.7 If delivery on call has been agreed, the call must be made within three months of the availability of the products, unless otherwise agreed in writing. If the delivery is not called in time, Section. 4.7 accordingly.
4.8 If the customer refuses to accept the goods or if the delivery is delayed for other reasons that lie with the customer, the risk is transferred at the beginning of the customer's delay in acceptance. The customer bears storage costs after the transfer of risk. We are entitled to charge a flat rate of 0.5% of the invoice amount for each month or the actual damage, unless the customer can prove that the damage was less. In addition, we can set the customer a grace period of fourteen (14) days and, after the deadline has expired without result, withdraw from the contract or demand compensation instead of performance.

5. Prices / payment
5.1 Our prices are the final price, including the respective statutory value added tax, which depends on the country of the customer.
5.2 The customer is not entitled to reduce our claims by counterclaims or to exercise a right of retention, unless something else has been agreed in writing or the counterclaims or the right of retention have been recognized by us in writing or have been legally established.
5.3 The purchase price must be paid within 30 days of the invoice date, unless otherwise agreed in writing. At the end of this period, the customer is in default of payment. No other deductions are granted. We do not accept bills of exchange.
5.4 If payment deadlines are exceeded, we charge interest at a rate of 8% pa above the base rate of the European Central Bank, unless a higher or lower loss is proven.
5.5 The customer is not entitled to assign claims from this contract to third parties without our written consent.

6. Retention of title
6.1 All delivered goods remain our property (goods subject to retention of title) until the customer has paid all existing claims and those arising after conclusion of the contract.
6.2 Processing and processing of the goods subject to retention of title takes place for us as a manufacturer within the meaning of Section 950 of the German Civil Code without obliging us. Processed and processed goods are considered to be reserved goods according to para. 6.1. If the customer treats, processes, combines and mixes the goods subject to retention of title with goods of other origin to a new item or to a mixed stock, we are entitled to co-ownership thereof, namely in the ratio of the invoice value of the goods subject to retention of title to the value at the time of delivery of the other processed or mixed goods. The co-ownership share is deemed to be reserved goods in accordance with para. 6.1.
6.3 If the goods subject to retention of title are combined with other things and if a thing belonging to the customer is to be regarded as the main thing within the meaning of § 947 BGB, it is already agreed that a co-ownership share in the ratio of the invoice value of the goods subject to retention of title to the value of the main thing passes to us and the customer to keep the matter safe for us free of charge. The co-ownership share is deemed to be reserved goods in accordance with para. 6.1.
6.4 The customer has to keep the reserved goods for us. On request, we must be able to take stock and provide adequate labeling at the location of the respective storage at any time. The customer must immediately notify us of attachments or other impairments of our rights by third parties, stating all details that enable us to take legal action against them.
6.5 The customer may only sell the goods subject to retention of title in the ordinary course of business on his normal terms and with the agreement of a reservation of title in the scope drawn by us if it is ensured that his claims from the resale in accordance with para. Pass on to us from 6.6 to 6.8.
6.6 The customer hereby assigns the claims from the resale of the goods subject to retention of title, including within the framework of contracts for work or contracts for the delivery of goods to be manufactured or produced, to us with all ancillary rights. They serve to the same extent for our security for the reserved goods. The customer is only entitled to assign the claims to third parties with our prior written consent.
6.7 If the customer sells the goods subject to retention of title together with other goods not delivered by us, the assignment of the claim from the resale applies only to the amount of the invoice value of our goods subject to retention of title at the time of delivery. In the case of the sale of goods in which we have joint ownership in accordance with para. 6.2 or 6.3, the assignment of the claims in the amount of this co-ownership applies.
6.8 If the assigned claim is included in a current invoice, the customer hereby assigns to us a portion of the balance including the final balance from the current account that corresponds to this amount.
6.9 Until further notice, the customer is entitled to claim claims from the resale in accordance with para. 6.5 to 6.7 to move in.
6.10 If the customer does not fulfill his obligations under this contract or other contracts with us or if we become aware of circumstances that reduce his creditworthiness, we can prohibit the resale, processing and processing of the reserved goods, as well as mixing or combining them with other goods; - we can withdraw from this contract; then the right of the customer to possess the reserved goods expires and we can demand the reserved goods out; the assertion of the surrender claim is only to be regarded as a withdrawal from the contract if the withdrawal is expressly declared on our part; we are then entitled to enter the customer's premises and to take possession of the reserved goods at the customer's expense and, without prejudice to the customer's payment and other obligations, to use them as best as possible by direct sale or by auction; we credit the customer with the proceeds of the sale against his liabilities after deducting the costs incurred; we pay him any surplus; - the customer must inform us of the names of the debtors of the claims assigned to us on request so that we can disclose the assignment and collect the claims; all proceeds due to assignments are to be sent to us immediately upon receipt, if and as soon as claims on our part against the customer are due; - we are entitled to revoke the direct debit granted. 6.11 If the value of the collateral to which we are entitled exceeds the total claims by more than 20%, we are obliged to release collateral of our choice at the customer's request.

7. Documents, advertising materials / usage rights
7.1 All documents, article information, photographs and objects, such as drawings, texts, logos, illustrations, image / sound recordings, samples or models (hereinafter referred to individually and collectively as "materials"), which we provide to the customer in connection with our offers Make available remain our property. We are entitled to trademark rights as well as copyrights and related rights to these documents and objects within the meaning of the Copyright Act. The customer is only in accordance with paragraph
7.2. or, with our prior written consent, is authorized to disclose or publish the materials made available to third parties. 7.2 Our customer shall have rights to use the materials that we make available to the customer for the presentation and advertising of individual goods from the time the order for the respective goods is placed and only for the distribution and advertising of the corresponding goods we have purchased. Under these conditions, the respective customer may also make the materials available for use on sales platforms (such as Amazon). Unless otherwise stipulated in writing in the individual contract, the customer's right to use the materials ends 3 months after the last goods have been sold or the offer has ended. Changes to the stock photos and logos available for retrieval are only permitted with our prior consent.

8. Warranty / liability
8.1 The customer must carefully inspect the delivered goods, even if samples or samples have been sent beforehand, immediately upon arrival at the destination. The quality of the goods must be checked in particular. If crates, boxes or other containers are delivered, random samples must be taken. The delivery is considered approved if a notice of defects is not received within ten (10) days of receipt of the goods at the place of destination, or if the defect was not recognizable during the inspection, within ten (10) days of their discovery in writing or by fax with a precise description of the defect has reached us. Notices of defects must always be sent to us directly.
8.2 Transport damage and incomplete deliveries must be reported to the freight forwarder immediately; the notification requirements of the General German Forwarding Conditions apply.
8.3 In the event of a justified and timely notice of defects, we will, at our option, perform subsequent performance by means of rectification or replacement delivery
8.4 If the supplementary performance or replacement delivery fails, the customer can demand a reduction in the purchase price or cancellation of the contract. If there are only minor defects, the customer has no right of withdrawal. If the customer chooses to withdraw from the contract after subsequent performance has failed, he is not entitled to any compensation claims due to the defect.
8.5 If the customer receives faulty assembly instructions, we are only obliged to deliver faultless assembly instructions, and only if the deficiency in the assembly instructions prevents proper assembly.
8.6 The above provisions contain the guarantee for our goods. In particular, we shall be liable for all other claims for damages that the customer may have due to or in connection with defects in the delivered goods, regardless of the legal reason, only in accordance with para. 8.7 and 8.8.
8.7 We are only liable for claims for compensation for culpable acts, for whatever legal reason, including delay, defective delivery, breach of obligations arising from a contractual relationship or of obligations during contract negotiations, tort, product liability (except for liability under the Product Liability Act) of intent or gross negligence. Liability for slight negligence is excluded, unless the violation of the contract purpose is significantly jeopardized. We are only liable for the foreseeable and typical damage when the contract was concluded. This limitation does not apply to injuries suffered by the customer in life, body or health. A personal liability of our legal representatives, vicarious agents and employees for damage caused by slight negligence is excluded.
8.8 Warranty claims expire within one year from delivery of the goods. Claims for compensation by the customer expire one year after delivery of the goods. This does not apply if we be accused of fraud.
8.9 Agreements between the customer and his customers that go beyond the statutory warranty claims are not at our expense.

9. Applicable law / place of jurisdiction
9.1 The relationship between us and the customer is subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and other, also future, international or international agreements do not apply, even after they have been incorporated into German law.
9.2 The place of jurisdiction for all disputes in connection with the delivery business is, at our discretion, Hamburg or the location of the customer, for complaints by the customer, only Hamburg. Statutory regulations on exclusive responsibilities remain unaffected.

10. Final provisions
10.1 Changes and additions to this contract, including this written form clause, must be in writing to be effective. The same applies to side and additional agreements.
10.2 Transactions with entrepreneurs are treated equally with transactions with legal entities under public law and special funds under public law.
10.3 Should a provision of this contract be or become wholly or partially ineffective, the ineffectiveness of this provision does not affect the effectiveness of all other provisions of this contract. The ineffective clause is to be replaced by a legally valid clause, which comes from the economic point of view the regulation purpose pursued with the ineffective clause as close as is legally permissible. The same applies to any gaps in this contract.

MK Jacobsen
Duvenstedter Triftweg 18
22397 Hamburg

(As of March 16, 2020)