General Terms and Conditions
§ 1 Scope
1. These sales conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB (Civil Code). We only recognize conditions of the customer that conflict with or deviate from our terms of sale if we expressly agree to their validity in writing.
2. These conditions of sale also apply to all future business with the customer, insofar as they are related legal transactions.
3. In individual cases, individual agreements made with the buyer (including side agreements, additions and changes) always take precedence over these sales conditions. Subject to evidence to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
§ 2 Offer and Conclusion of Contract
The customer makes an order request via www.infinityintro.comabout the selection of the products and their respective type of finishing, which is then recorded in a contract.
2. Delivery and Scope of Service
Deviations of up to 10% in the amount of the delivery are permitted. If the customer fulfills his obligation to give notice of defects according to § 377 HGB (Commercial Procedure Law), he owes only the agreed delivery price, which corresponds to the quantity actually delivered. In the opposite case, he owes the price for additional deliveries up to 10%.
The contractual partner is not obliged to pay the additional delivery up to 10% if he fulfills his obligation to give notice of defects according to § 377 HGB and there is no interest on his part in the additional delivery.This must be communicated to Infinity Introduction GmbH & Co. KG within the notification period. The customer is obliged to return the excess goods to Infinity Introduction GmbH & Co. KG.In principle, excess or short deliveries do not entitle the customer to refuse acceptance or to withdraw from the contract.
We are entitled to partial deliveries and partial services at any time, unless the partial delivery or partial performance is not reasonable for the customer.
3. Right to differ in material
We reserve the right to make minor or insignificant deviations in terms of color, material thickness and design. Our information on the delivery and service objects are descriptions or markings and not guaranteed properties.
§ 3 Provided Documents
On all documents provided to the customer in connection with the placing of the order - also in electronic form - such as calculations, drawings etc., we reserve ownership and copyrights.These documents may not be made accessible to third parties, unless we give the customer our express written consent.If we do not accept the customer's offer within the period of § 2, these documents must be returned to us immediately.
§ 4 Prices and Payment
1. Unless otherwise agreed in writing, our prices apply ex works excluding packaging and plus VAT at the applicable rate.
2. Payment of the purchase price must only be made to the account mentioned overleaf.
3. Unless otherwise agreed, half of the amount of the purchase price must be paid within 3 working days after the conclusion of the purchase contract.After delivery of the goods, the purchase price in the amount of the remaining amount must be paid within 7 working days.Default interest is charged at 8% above the respective base rate. The assertion of a higher damage caused by default remains reserved.
4. Unless a fixed price agreement has been made, reasonable price changes due to changes in wages, material and distribution costs for deliveries that occur 3 months or later after the conclusion of the contract are reserved.
§ 5 Right of Retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Delivery Time
1. The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
2. If the customer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage we incur, including any additional expenses.Further claims remain reserved.If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchase item passes to the customer at the time when the customer is in default of acceptance or debtor.
3. In the event of a delay in delivery, which we have not caused intentionally or through gross negligence, we shall be liable for every completed week of delay as part of a lump-sum compensation for delay in the amount of 1% of the delivery value, but not more than 5% of the delivery value.
4. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§ 7 Passing of Risk on Dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are dispatched to the customer, at the latest when they leave the factory/warehouse.This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 8 Retention of Title
1. We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full.This also applies to all future deliveries, even if we do not always refer to them expressly.We are entitled to take back the purchased item if the customer behaves contrary to the contract.
2. As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or is subject to other third party interventions.If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO (Civil Courts Law), the customer is liable for the loss we incurred.
§ 9 Warranty and Notice of Defects /Recourse/ Manufacturer recourse
1. Warranty rights of the purchaser require that the purchaser has properly complied with his inspection and notification obligations owed pursuant to Section 377 HGB.
2. Claims for defects become statute-barred 12 months after delivery of the goods we have delivered to our customer.The statutory limitation period applies to claims for damages in the event of intent and gross negligence, as well as in the case of injury to life, limb and health, which are based on an intentional or negligent breach of duty by the user.
Prior to returning the goods our permit is to be requested.
3. If, despite all the care taken, the goods delivered have a defect that already existed at the time the risk passed, we will, at our option, repair the goods or deliver replacement goods, subject to timely notification of the defect.We are always given the opportunity to remedy the defect within a reasonable period. Recourse claims remain unaffected by the above regulation.
4. If the subsequent performance fails, the customer can - regardless of any claims for damages - withdraw from the contract or reduce the remuneration.
5. Claims for defects do not exist if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, natural wear and tear or damage such as damage that occurs after the transfer of risk due to incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences, that are not required under the contract.If the customer or third parties carry out improper repair work or changes, there are no claims for defects for these and the resulting consequences.
6. Claims by the purchaser due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us are subsequently brought to a location other than the purchaser's branch unless the shipment corresponds to its intended use.
§ 10 Others
1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless the order confirmation states otherwise.
3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
§11. Data Protection
§12 Severability Clause
Should individual provisions of these general terms and conditions be or become wholly or partially ineffective or contain a loophole, the effectiveness of the remaining provisions will not be affected.
Infinity Introduction GmbH & Co. KG
Telephone: +49 821 609 99 99 0
+49 821 609 99 99 1
Fax: +49 821 609 99 99 2
Managing Director: TolgaSümer
Processing your complaint request usually takes two to three working days. Please contact your personal contact at Infinity Introduction GmbH & Co. KG. You can also reach us by email at firstname.lastname@example.org or by fax to +49 821 609 99 99 2.