Business and delivery conditions of Altabebe GmbH & Co. KG
The Altabebe GmbH & Co. KG , Kloberstrasse 34, 65439 Flörsheim ( hereinafter referred to as Altabebe ) provides deliveries and services exclusively in accordance with these Terms and Conditions of Delivery and Business in their current version. These terms and conditions apply only to companies. Entrepreneurs are natural or legal persons or partnerships with legal capacity who enter into a business relationship with Altabebe and thereby act in the exercise of a commercial or independent professional activity. Customers in the sense of these terms and conditions are all entrepreneurs who receive deliveries or services from Altabebe.
Deviating terms and conditions of the customer are hereby rejected. They shall not become part of the contract.
II. Subject matter of performance and conclusion of contract
(1) The subject of the delivery or service are goods and services as offered by Altabebe. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations shown with the articles, e.g. in the catalog. Deviations from standard designs are only binding if this is agreed in writing. 2.
2. the assumption of a guarantee (in particular a guarantee of quality or durability) requires a written agreement using the term “guarantee”.
3. the offers of Altabebe are subject to confirmation. Orders are binding when Altabebe has confirmed the acceptance of the order electronically, in writing or by telex. The confirmation can be replaced by the delivery of the ordered goods.
4. customary or minor, technically unavoidable deviations of the delivery items as well as minor fashion or stylistic changes cannot be objected to as defects, provided that the deviation is reasonable for the customer.
III. Place and time of performance
1. unless otherwise agreed in writing, transports shall only be carried out on behalf of, at the expense of and at the risk of the customer
2. agreements on delivery dates must be made in writing. Delivery periods begin with the date of the order confirmation by Altabebe.
All delivery obligations are subject to Altabebe’s own timely delivery. This reservation shall only apply to the extent that Altabebe has agreed upon its own timely supply for the fulfillment of the contractual obligations ( congruent hedging transaction. ) Partial deliveries and partial performances by Altabebe are permissible within the scope of what is reasonable. Additional costs arising from partial deliveries shall be borne by Altabebe, unless the Customer has requested the partial delivery. Altabebe shall not be in default in the event of delays due to force majeure, operational disruptions, strikes, etc., regardless of whether these occur in its own operations or those of Altabebe’s suppliers or subcontractors, as well as in the event of delays in delivery due to weather conditions. 4.
In the event of delays in delivery or performance for which Altabebe is not responsible, Altabebe may postpone the delivery or performance for the duration of the hindrance plus a period of two weeks. Altabebe shall immediately notify the Customer in writing in the event of such a delay. Claims of the Customer for compensation of damage caused by delay are excluded in this case. In the event of a delay in delivery for which Altabebe is responsible, merchants shall only have the right to withdraw from the contract to the exclusion of claims for damages.
IV. Liability for defects
1. in case of defects of the goods delivered by Altabebe the customer first has the right to free of charge supplementary performance. At Altabebe’s option, Altabebe will repair ( rectify ) defective goods in whole or in part and replace them with defect-free goods ( subsequent delivery ). If two attempts to remedy the defect fail or if the remedy of the defect does not succeed within a reasonable period of time, the customer may demand the cancellation of the purchase or an appropriate reduction of the purchase price.
2. the customer has to examine the goods immediately after receipt for defects. Altabebe must be notified of any defects in writing without delay. For the proof of defects and the handling of the supplementary performance, the handling instructions of Altabebe apply, which the customer receives in their current form from Altabebe without being asked.
V. Other liability
(1) Altabebe shall be liable for claims for damages (e.g. for positive breach of contract, tortious acts, organizational culpability, culpa in contrahendo) if and to the extent that Altabebe or its vicarious agents are guilty of intent or gross negligence or if there has been a breach of material contractual obligations that are of decisive importance for the achievement of the contractual objective (“cardinal obligations”).
2. in all other respects Altabebe’s liability is excluded. Altabebe is not liable for loss of profit.
3. the above limitations of liability do not apply to liability due to intent, any guarantees assumed and liability due to damage to body, life or health or liability under the Product Liability Act. Insofar as Altabebe’s liability is limited or restricted on the basis of the above provisions, this limitation or restriction shall also apply to the liability of Altabebe’s employees, representatives and vicarious agents.
VI. Prices and Terms of Payment
Unless otherwise agreed in writing, all deliveries and services of Altabebe are subject to Altabebe’s price list valid at the time of the order. Unless otherwise stated, Altabebe’s prices do not include the statutory value added tax and shipping costs. Prices and offers are non-binding as long as they are not marked as binding by Altabebe or have not become part of the contract.
2. Altabebe is entitled to refuse payment methods not designated in the order confirmation. Altabebe is entitled to ship goods only against prepayment and after receipt of payment.
3. altabebe is free to choose the mode of transport of the goods, unless a specific mode of transport has been agreed with the customer. Altabebe’s transport and packaging costs apply, which Altabebe will inform the customer of when accepting the order. The shipping costs of the goods to the customer shall be borne by the customer – unless a replacement delivery for defective or mis-delivered goods is involved – unless otherwise agreed with Altabebe in individual cases.
4. invoices are payable by bank transfer to the account indicated on the respective invoice using the respective purpose of use provided by Altabebe. Invoices are due for payment within 10 calendar days, COD shipments upon receipt of the goods without any deductions (in particular cash discount).
All payments shall be credited against the oldest debt. If costs of collection and interest have already been incurred, the payment shall first be credited against the costs, then against the interest and finally against the principal claim. The customer is only entitled to set-off, retention or reduction if the counterclaims have been legally established or are undisputed. 6.
Partial deliveries and partial performance may be invoiced separately. Payment shall only be deemed to have been made when the amount due has been credited to Altabebe’s bank account.
VII. Retention of Title
(1) Altabebe retains title to the delivered goods and services until full payment of all claims arising or to be arising from the business relationship with the customer. The customer also assigns to Altabebe here and now its claims arising from a resale or for any other legal reason with regard to the goods subject to retention of title. Altabebe accepts the assignments.
2. pledging and transfer of ownership by way of security of goods subject to retention of title, as well as any other encumbrance with third party rights, is not permitted. In the event of access by third parties to the goods subject to retention of title, the customer shall point out Altabebe’s ownership and notify Altabebe without delay. The customer has to repel access of third parties. If Altabebe withdraws from the contract due to default of payment by the customer, the customer shall bear the costs of the return shipment. 3.
3. the customer shall keep the goods subject to retention of title in safe custody until full transfer of title and insure them at replacement value against the risks customary for the respective goods subject to retention of title.
4. in case of breach of contract by the purchaser, in particular in case of default of payment, Altabebe is entitled to demand the surrender of the goods after setting a reasonable deadline. The Purchaser shall be obliged to surrender the goods. The purchaser shall bear the necessary and reasonable costs of the return. Altabebe reserves the right to assert further claims and rights, in particular due to deterioration of the goods, due to storage costs or seasonal unsaleability or poor saleability of the goods. The taking back or seizure of the delivery item by Altabebe always constitutes a withdrawal from the contract.
VIII. Samples and Advertising Material
Altabebe may, at its discretion, assist the Customer in the distribution of the goods purchased from Altabebe. If Altabebe provides the Customer with samples and advertising material (e.g. posters, displays, decorations, information material or catalogs) free of charge or only for a nominal fee, the ownership of such material remains with Altabebe. Rights of retention of the customer to such material are excluded. Any use contrary to the intended purpose, in particular for the presentation of goods other than those purchased from Altabebe, is expressly prohibited. In the event of improper use and if the material is provided free of charge, Altabebe is entitled to retrieve the material at any time at Altabebe’s expense.
IX. Property rights and presentation of goods
The trademarks, patterns, graphics, logos, photographs, animations, sounds, texts, videos, etc. used by Altabebe are the intellectual property of their respective owners and may only be used, reproduced or presented with the express permission of the entitled parties. Any use that does not serve the purpose of selling the goods purchased from Altabebe is prohibited. The customer is prohibited from registering Internet domains with trademarks or names of companies or products managed by Altabebe.
Altabebe or Altabebe’s suppliers have the right to regulate the use of the trademarks by means of a guideline. This concerns namely the design, reproduction and presentation of the trademarks. The customer undertakes to comply with such guidelines, unless implementation of the guideline causes unreasonable burdens for the customer.
X. Additional agreements and written form
Agreements and collateral agreements deviating from these general terms and conditions must be in writing. This shall also apply to any amendment or cancellation of the written form requirement.
XI. Applicable law and place of jurisdiction
(1) These terms and conditions as well as the entire legal relationship between Altabebe and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
2. the exclusive place of jurisdiction and performance is Flörsheim.