Términos del servicio
Terms of Service
§ 1 Scope
(1) The following general terms and conditions apply exclusively to the legal relationship between Viapex GmbH / Putzparts (hereinafter referred to as "supplier") and its customers (hereinafter referred to as "customer") at the time of the order.
(2) Plural or singular forms also apply to the synonym.
(3) The use of the masculine form is for readability purposes and should not be read as a gender-specific reference. Words in the masculine form also apply to feminine or gender-neutral references.
(4) Deviating general terms and conditions of the customer will be rejected. These only become effective if they are confirmed in writing by the supplier.
§ 2 Conclusion of the contract
(1) The goods presented on www.putzparts24.com do not represent a binding offer by the supplier to conclude a purchase contract. The displayed goods prompt the customer to submit an offer by placing an order.
(2) By sending the order in the online shop, the customer submits a binding offer to conclude a sales contract. The offer to conclude a purchase contract by the customer refers to the entire contents of the shopping cart. When the customer sends the order, he recognizes these general terms and conditions as part of the legal relationship.
(3) The supplier confirms receipt of the order by sending a confirmation e-mail. Confirming the order by the supplier is not to be understood as acceptance of the contract offer.
(4) The declaration of acceptance of the contract offer is made by the customer accepting the shipped goods or by an express written statement of acceptance by the supplier.
§ 3 Prices and terms of payment
(1) The prices listed in the online shop only apply to orders placed via the online shop.
(2) The shipping costs apply when the order is placed or at the time of order confirmation.
(3) The prices shown in the online shop do not include shipping costs and other ancillary services unless otherwise agreed in writing.
(4) The final invoice amount is due immediately and payable gross without deduction.
(5) A payment is only deemed to have been made when the payment amount has been credited to the supplier's business account.
(6) In the event of default in payment, the provider is entitled to demand interest of five (5) percentage points above the applicable base interest rate per annum from the customer if this is a consumer within Section 13 of the German Civil Code. If the customer is an entrepreneur, the default interest rate is eight (8) percentage points above the applicable base rate per annum.
(7) Checks or bills of exchange are only accepted by agreement and on account of performance and are only considered payment after they have been redeemed and credited to the supplier's business account. Discounts or collection charges are at the expense of the customer.
(8) If the customer does not accept the goods sold, the supplier is entitled to either insist on acceptance or demand 15% of the purchase price as a flat-rate compensation for damages and expenses.
In the event of severe damage, the supplier reserves the right to assert this.
For the duration of the delay in acceptance by the customer, the supplier is entitled to store the purchased items at the risk of the customer with a forwarding agent or a warehouse keeper. The customer bears the costs of storage in the amount of EUR 25.00 per month.
The customer can reduce the flat-rate storage fee by proving that expenses and damage have not been incurred or have not been incurred in the amount.
In the case of exceptionally high storage costs, the supplier is entitled to assert these against the customer.
(9) The customer is only entitled to rights of retention from the same legal relationship. The customer is only entitled to offset against counterclaims insofar as these claims have been legally established or recognized in writing by the provider.
§ 4 Delivery periods
(1) The agreed delivery period begins on the date of the order confirmation.
(2) This delivery period is extended until the customer has handed over the documents and data necessary to execute the order to the supplier.
(3) The supplier is not responsible for delivery delays due to legal or official orders (e.g. import and export restrictions).
(4) In the event of a delay in delivery by the supplier, the customer can only claim damages if the delay is due to intent or gross negligence on the part of the supplier.
§ 5 Delivery / shipping / transfer of risk / freight costs
(1) The ordered goods can be delivered in partial deliveries to the customer. There is a surcharge of EUR 5.00 per partial delivery for orders from Germany and Austria. There is a surcharge of EUR 10.00 per partial delivery for orders from other countries. The customer bears the surcharges mentioned above.
(2) Partial deliveries apply to payment obligations, transfer of risk and warranty obligations as independent deliveries.
(3) The supplier determines the shipping method, the shipping route, and the transport company to be commissioned.
(4) The transfer of risk to the customer takes place as soon as the shipped goods are handed over to the customer by the transport company. This applies regardless of who bears the transport costs.
(5) Obvious damage to the goods and damage caused by transport must be reported to the transport company and confirmed in writing. The customer must inform the supplier of this damage immediately, and the customer must immediately submit the written confirmation of the damage by the transport company to the provider.
§ 6 Retention of title
(1) The goods remain the supplier's property until all claims against the customer (reserved goods) have been settled, even if the individual goods have been paid for. A pledging or security transfer of the reserved goods is not permitted.
(2) The provider is entitled to demand the return of the purchased item if the customer behaves in breach of contract. Taking back or pledging the reserved item does not constitute a withdrawal from the contract.
(3) In the event of attachments and other access by third parties to the reserved goods, the customer is obliged to inform the provider immediately.
(4) In the event that the goods subject to retention of title are resold or leased within the framework of proper business operations, the customer hereby assigns to the supplier, as a precaution, all future claims against his customers arising from the resale or lease until all claims of the provider have been settled, without the need for further special explanations; the assignment also extends to balance claims that arise within the framework of existing current account relationships or upon the termination of such relationships between the customer and his customers.
If the reserved goods are resold or rented out together with other items without an individual price having been agreed for the reserved goods, the customer assigns to the supplier that part of the total price demand or the total rent that corresponds to the value of the reserved goods invoiced by the supplier, with priority over the remaining claim. Until revoked, the customer is authorized to collect the assigned claims from the resale or rental; however, he is not entitled to dispose of them in any other way, e.g. through assignment.
At the supplier's request, the customer must notify the customer of the assignment and hand over to the supplier the documents required to assert his rights against the customer, such as invoices, and provide the necessary information. The customer bears all costs of collection and any interventions. If the customer receives bills of exchange due to the authorization granted to him to collect the assigned claims from the resale, ownership of these papers with the documented right is transferred to the supplier as security. The handing over of the bills of exchange is replaced by the agreement that the customer takes them into custody for the supplier and then delivers them to the supplier immediately and with his endorsement. In the event that the equivalent value of the claims assigned to the supplier should be received in checks by the customer or by one of the customer's financial institutions, the customer is obliged to report the receipt immediately and pay it off. Ownership of the checks is transferred to the supplier with the documented right as soon as the customer receives them.
(5) If the customer processes the reserved goods, transforms them or combines them with other items, the processing, transformation, or combination takes place for the supplier. This becomes the direct owner of the item produced by the processing, adaptation or connection. If this is not possible for legal reasons, the supplier and customer agree that the supplier becomes the owner of the new item at any point in time during the processing, transformation or connection. The customer keeps the new item for the supplier with the diligence of a prudent businessman. The item created through processing, transformation or r3connection is considered reserved goods. When processed, transformed or combined with other objects that do not belong to the supplier, the supplier is entitled to co-ownership of the new item in the amount of the share resulting from the ratio of the value of the processed, transformed or connected reserved goods to the value of the new item.
In the event of the sale or rental of the new item, the customer hereby assigns to the supplier his claim from the sale or rental against his customer with all ancillary rights as security, without the need for any later special declarations. However, the assignment only applies to the amount corresponding to the value of the supplier's processed, transformed or connected reserved goods. The part of the claim assigned to the supplier has priority over the remaining claim resulting from the ratio of the value of the processed, transformed or combined reserved goods to the value of the new item.
(6) If the customer connects the goods subject to retention of title to real estate or movable property, the customer also assigns his claim, which he is entitled to as remuneration for the connection, with all ancillary rights to the provider as security, without the need for any further special declarations. If the customer is the property owner or has a claim to the rent from this property for other legal reasons, he also assigns this rent to the provider. Section 6 (5) of these General Terms and Conditions applies to the amount of the assigned claim.
(7) If the customer is in arrears in whole or in part with his payment obligation or the encashment of due bills of exchange or checks, if there is overindebtedness or cessation of payments or if an application for composition or insolvency has been filed, the supplier is entitled to immediately return all goods that are still subject to retention of title to take he can also immediately assert other rights from the retention of title; the same applies to any further significant deterioration in the customer's economic situation. The customer grants the supplier or his representative access to all of his business premises during business hours. The demand for the surrender or taking possession does not constitute a withdrawal from the contract.
(8) If the security value exceeds the supplier's claims against the customer from the current business relationship by more than 20%, the provider is obliged at the request of the customer to release the security to which he is entitled at his discretion.
§ 7 Customer claims in the event of defects
(1) The provider guarantees for a period of 24 months from the date of delivery that the delivery items are free of defects according to the current state of the art. Liability on the part of the supplier for incorrect installation of the delivered goods or normal wear and tear is excluded.
(2) The customer undertakes to check the delivered goods for any defects before installation.
(3) A warranty period of 12 months from the date of delivery applies to used or exhibition goods. If there is a defect, used goods can only be returned for the current value of the goods and only for a credit note.
(4) The supplier is not liable for defects and damage to the purchased item arising from unsuitable or improper use, non-observance of application instructions or incorrect or negligent handling.
(5) The customer is obliged to have repairs or other interventions on the purchased item only carried out with written confirmation from the provider. The warranty expires if the customer fails to notify and has the repairs carried out without written confirmation from the provider.
(6) The customer must notify the supplier of obvious defects in the purchased item in writing immediately, no later than ten working days after receipt of the goods - otherwise, all claims for defects by the customer will expire.
(7) If the purchase is a commercial transaction for both parties, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify the provider immediately.
(8) If the customer fails to do so, the goods shall be deemed to have been approved unless there is a defect that was not apparent during the inspection. For the rest, §§ 377 ff. HGB apply.
(9) The claims are limited to remedying the defect or delivery of a defect-free item (subsequent performance) at the choice of the provider. If the supplementary performance fails, the customer has the right to choose between reducing the price or withdrawing from the contract.
(10) Further claims for damages from contractual and non-contractual liability of the customer, particularly due to consequential damage, are excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations by the provider or in the event of injury to life, limb or health. The customer's right to withdraw from the contract remains unaffected.
(11) If the replacement delivery is impossible, if it fails or if the replacement delivery fails three times, or if the removal of the defect is unreasonable for the customer, the customer can choose to withdraw from the contract or demand a reasonable reduction in the purchase price.
(12) Provisions of the Product Liability Act remain unaffected.
(13) This exclusion of liability applies insofar as the provider is not accused of intent or gross negligence or the violation of essential contractual obligations of the provider and in the event of injury to life, limb or health.
§ 8 Withdrawal
(1) The supplier is entitled to withdraw from the contract if the customer stops making payments, the opening of insolvency or court settlement proceedings against the customer's assets, the refusal to open insolvency due to a lack of mass, bill of exchange, or check protests or other concrete indications of the deterioration of the customer's financial situation to withdraw from the contract.
(2) In the event of withdrawal according to § 8 (1) of these General Terms and Conditions or if the non-execution of the order occurs for reasons for which the customer is responsible, the provider is entitled to a flat-rate compensation of 10% of the purchase price, as well as Expenses or lost profits to be asserted against the customer in the amount actually incurred.
The lump-sum compensation is reduced in proportion to how the customer proves that no expenses or damage have arisen.
In the event of exceptionally high damage, the supplier reserves the right to assert this.
§ 9 Use of customer data
(1) The provisions of the General Data Protection Regulation (GDPR)
are observed. The provider only uses personal data for the purpose-related execution of your orders. Any further use, for example, for advertising purposes, without the customer's express consent is excluded.
§ 10 Place of jurisdiction and place of performance
(1) If the customer is a merchant, Frankfurt am Main is the exclusive place of jurisdiction – also for check and bill of exchange procedures. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany at the time legal proceedings are initiated. However, the customer is entitled to appeal to any legally competent court.
(2) The law of the Federal Republic of Germany applies. The Hague Convention of July 1st, 1964, regarding uniform laws on international sales and the United Nations Convention of April 11th, 1980 on contracts for the international sale of movable property do not apply.
§ 11 Severability Clause
(1) Should a provision of these General Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected.