General Terms and Conditions of Sale and Delivery of the company ENLES GmbH & Co. KG, Thyssenstr. 15, 48703 Stadtlohn, Email: firstname.lastname@example.org
I. Scope, Information, General
1. These General Terms and Conditions of Sale and Delivery apply exclusively between us and our customers. Unless expressly agreed otherwise, deviating terms and conditions shall not apply.
2.Customers in the sense of these General Terms and Conditions of Sale and Delivery are consumers who have reached the age of 18 as well as entrepreneurs. A sale to consumers who have not yet reached the age of 18 does not take place.
a.) Entrepreneur in the sense of these terms and conditions is in accordance with § 14 BGB any natural or legal person or a partnership with legal capacity (e.g. corporation, limited liability company), which acts when concluding a legal transaction in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
II Conclusion of contract and payment, Paypal
1. the product descriptions contained in the online presence of the seller do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.The customer can submit the offer via the online order form integrated into the online store of the seller. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post. 3.
3. the seller can accept the offer of the customer within seven days,
a.) by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
c.) by requesting or having the customer request payment after the customer has placed the order.
If there are more than one of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends with the expiry of the seventh day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. If a counter-offer is made by the seller and such an option is available, the acceptance period of the seller’s offer is also seven days
for the buyer. After that, the seller is not bound to the offer any further.
The customer confirms with the payment method Paypal an appropriate account and counter account – within the scope of the Paypal conditions – to have concluded.
If the customer selects “PayPal” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
5. When submitting an offer via the online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter or other media) after the Customer has sent his order. The Seller shall not make the text of the contract accessible in any other way. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data. A storage of the buyer’s data by a cloud – system is expressly agreed by the customer. The possibility of revocation and the corresponding instruction within the framework of the DSGVO have already been made by the creation of the user account by the seller.
6. Before binding submission of the order via the above-mentioned online order form, the customer can correct possible input errors until the completion of the ordering process. The ordering process is completed only with the final click on the button Complete order or Complete purchase. Errors in the input are not the responsibility of the seller.
7. The order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that under this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or the seller’s
third parties commissioned with the order processing can be delivered. Errors in the transmission by mail are not the responsibility of the seller (spam folder or incorrect settings of the email box of the customer).
8. The respective payment options will be communicated to the customer in the online store of the seller. 9.
9. if prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
III. Individualizations and contract for work
All articles marked with “Made for you” or “Individualized” or “Customized” or “Special production” are manufactured especially for you and are excluded from revocation. There is then no right of purchase.
IV. Prices and deliveries
1. unless otherwise stated in the product description of the seller, the stated prices are total prices, which include the statutory sales tax. any additional delivery and shipping costs are indicated separately in the respective product description.
separately indicated in the respective product description.
2. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3. the delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
4. in the case of goods delivered by a forwarding agent, delivery will be made to the customer’s delivery address, unless otherwise stated in the shipping information in the seller’s online store and unless otherwise agreed.
5. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the cancellation policy of the seller.
6. In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the registered office of the seller. In this case
no shipping costs will be charged.
II Conclusion of Contract, Estimate, Payment
1. Offers made by the customer shall only be deemed to have been accepted if expressly declared by us.
2. at the customer’s request, we shall be pleased to submit a binding offer in the form of a cost estimate. We are bound to the submitted offer in the form of the cost estimate for 14 days. For the conclusion of the contract it is sufficient if the customer accepts the offer submitted in the form of the cost estimate. If the suggested and in the cost estimate presented order is not placed by the customer, we are free to charge a reasonable and customary fee for the preparation of the cost estimate. However, this fee shall be agreed with the customer prior to the preparation of the cost estimate.
3. our invoices are due immediately after receipt without any deduction. Default of payment shall occur at the latest 30 days after receipt of the invoice. This shall only apply to consumers if they have been expressly advised of this in our invoice. Timely payment shall only be deemed to have been made if the invoice amount has been received within this period in one of our business accounts for its final free disposal.
4. from the time of default, interest shall be charged on the outstanding claim in the case of consumers at the rate of 5 percentage points above the respective base interest rate. If the customer is an entrepreneur, the outstanding claim shall bear interest at the rate of 9 percentage points above the respective base interest rate. However, if a higher interest rate is proven by taking out bank loans, etc., we shall be entitled to claim the higher interest rate.
5. if the customer is an entrepreneur, he shall only be entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
6. We reserve the right to make technical improvements and design changes due to further development. If such technical improvements and design changes due to further developments are made during the acceptance period of an offer submitted by us, the contract shall also be deemed to have been fulfilled by us if we deliver the product in the technically improved and further developed form.
We shall not be obliged to make design changes and technical improvements to products already delivered, unless the products already delivered are defective.
7. Insofar as programs are included in the scope of delivery, the purchaser shall be granted a simple, unrestricted right of use, i.e. he may neither copy them nor make them available to others for use. A multiple right of use requires a special written agreement. In the event of a breach of these rights of use, the customer shall be liable in full for the resulting damage.
8. the customer is obligated to keep as a trade secret all commercial and technical information or knowledge that is not in the public domain and that becomes known through the business relationship between us and the customer. The customer undertakes to comply with the current provisions of the BDSG and the DSGVO-neu. Information can be found on the notice board in the business premises.
III Delivery, Delivery Periods, Transfer of Risk
1. Delivery shall generally be made ex our warehouses. Unless otherwise agreed, deliveries shall be subject to a charge. The agreed delivery dates and deadlines are binding. In principle, delivery shall only be made within Germany, unless otherwise agreed. The stated delivery period is binding for us.
2. The prices quoted by us are for delivery (within Germany) including the applicable value added tax, currently 19%, ex warehouse in euros without assembly, unless this has been agreed separately.
3. Delivery shall be made at the shipping costs stated in the offer. The shipping costs are also shown including the respective valid value added tax (if applicable), currently 19%.
4. the respective customer is obligated to inform immediately in writing if circumstances occur or become recognizable to him, from which it results that the agreed upon dates and periods cannot be kept.
5. if the goods are not accepted by the customer at the agreed time, we are entitled to set a reasonable acceptance period. After the expiry of this period, we shall be entitled to withdraw from the contract and to claim for any damage incurred.
6. the risk of accidental loss and deterioration of the goods shall pass to the customer at the latest upon handover.
7. in the case of sale by delivery to a place other than the place of performance – if the customer is an entrepreneur – the risk of accidental loss and accidental deterioration shall pass to the customer upon delivery of the goods to the person designated to carry out the delivery (e.g. forwarding agent).
IV. Force Majeure, Compensation
a) If compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, pandemic, Covid-19, or similar events for which we are not responsible, e.g. strike or lockout, the deadlines shall be extended by the periods during which the aforementioned event or its effects last.
b) We shall be liable for delay in performance in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent as well as in cases of injury to life, body or health caused by slight negligence in accordance with the statutory provisions. In other cases of default, our liability for damages in addition to performance shall be limited to a total of 5% and for damages in lieu of performance (including reimbursement of futile expenses) to a total of 5% of the value of the delivery. Further claims of the customer are excluded – even after expiry of a deadline set for us to perform. This limitation shall not apply in the event of culpable breach of material contractual obligations. However, the claim for damages for culpable violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another case according to sentence 1 of this paragraph is given immediately. The customer’s right to withdraw from the contract in accordance with Section 326 (5) of the German Civil Code (BGB) shall remain unaffected. A change in the burden of proof to the detriment of the customer is not associated with the aforementioned customer is not connected with the above provisions.
c) As compensation for non-performance in the event of default in acceptance, we may claim 25% of the order price without deductions, unless the purchaser proves that no damage has been incurred at all or that the damage has not been incurred in the amount of the lump sum. Otherwise, we reserve the right to claim higher, proven damages, as in the case of custom-made products. With the exception of partial payment transactions, in the event of withdrawal from the contract and the taking back of delivered goods, we shall be entitled to compensation for expenses, transfer of use and reduction in value as follows:
For expenses made as a result of the contract, such as transport, storage and assembly costs, etc.: Compensation in the amount incurred.
V. Claims for defects and warranty
1. In the case of contracts with consumers, the statutory warranty provisions shall apply.
2. If the customer is an entrepreneur, we shall be liable for material defects in cases of intent or gross negligence on our part or on the part of a representative / vicarious agent as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions. In cases of gross negligence, however, our liability shall be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph 2 applies at the same time. Notwithstanding the foregoing, we shall be liable under the Product Liability Act for culpable breach of material contractual obligations or insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph 2 applies at the same time.
3. If the customer is an entrepreneur, the limitation period for claims and rights due to defects of the deliveries – irrespective of the legal grounds – shall be 1 year, in case of used items and exchange parts 6 months. However, this shall not apply in the cases of § 438 para. 1 no. 1 BGB (defects of title in immovable property), § 438 para. 1 no. 2 BGB (buildings, property for the builder), § 479 para. 1 BGB (contractor’s right of recourse) or § 634 a para. 1 no. 2 BGB (buildings or work the success of which consists in the provision of planning or supervision services therefor). The cases included in sentence 2 above are subject to a limitation period of 3 years. In the case of business transactions, the provisions of commercial law shall apply.
4. However, the periods of limitation under subsection 3 above shall apply subject to the following proviso:
a) The limitation periods shall generally not apply in the case of intent or fraudulent concealment of a defect or insofar as we have given a guarantee for the quality of the delivery item. guarantee for the quality of the delivery item.
b) Furthermore, the limitation periods shall not apply to claims for damages in the event of a grossly negligent breach of duty, in the event of a culpable breach of material contractual duties – not consisting in the delivery of a defective item – in the event of a culpably caused
defective item – culpable breach of material contractual obligations, in cases of culpably caused injury to life, limb or health or in the case of claims under the Product Liability Act. The limitation periods for claims for damages shall also apply to the reimbursement of futile expenses.
5. Furthermore, there shall be no warranty if delivered items and things are damaged by improper use or in case of wear and tear.
6. the respective deliveries and services of objects and things on our part are basically not moisture resistant and not waterproof. Therefore, no warranty is given for moisture damage to objects and things, especially electronic components.
7. we do not take over guarantee for false planning and faulty measurements of the client or a third party. The respective performances on our part result from the respective offer and confirmation of order. The respective supplies and achievements on our part are to be co-ordinated before on your use
especially children. A warranty is otherwise not granted.
8. we are also not liable for any planning and construction errors within the scope of a subcontract by a client for an object or construction project of a third party builder and construction project. The client who commissions us must check and counter-check the services and deliveries on our part before passing them on, and in doing so must observe the legal and technical requirements, in particular the DIN and VDE directives
and to report and complain immediately in case of defects. In all other respects, the statutory provisions shall apply.
VI Retention of Title
1. the delivery item remains our property until full payment. Only if the customer is an entrepreneur, the following paragraphs 2 – 4 shall apply in addition. Paragraph 5 shall apply between us and any customer, be it an entrepreneur or a consumer.
2. as long as the ownership has not yet been transferred to the entrepreneurial customer, the latter shall treat the delivered goods with care. We are to be informed immediately if the delivered items are seized or exposed to other interventions by third parties.
3. The entrepreneurial customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to us the claims arising from the resale of the reserved goods. We accept the assignment. This assignment shall apply regardless of whether the items have been resold without or after processing. The customer shall remain authorized to collect the claim even after the assignment. The authority of us to collect the claim ourselves remains unaffected. However, we shall not collect the claim
as long as the customer meets his payment obligations towards us, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
4. If our ownership of the reserved goods expires as a result of mixing or combining with other items (§§ 947, 948 BGB), the customer’s ownership or co-ownership rights to the mixed stock or the uniform item shall pass to us in the ratio of the final invoice amount of the reserved goods to the sum of the final invoice amounts of the other mixed or combined items. In this case, the customer’s expectant right to the objects shall continue in the transformed object. If the mixing takes place in such a way that the object of the the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer transfers to us a proportionate co-ownership and shall keep the sole ownership or co-ownership thus created for us.
5. Drawings, illustrations, calculations, technical documents and other descriptions prepared by us shall remain our property and we shall retain the rights of use and exploitation. They may only be made available to third parties with our consent. In addition, we reserve all property rights and copyrights to all drawings and company documents.
1. The customer is obligated to maintain as a trade secret all commercial and technical information or knowledge that is not in the public domain and that becomes known through the business relationship between us and the customer.
2. the customer may only advertise the joint business relationship with our prior written consent.
VIII. Distance contracts
1. if the customer is a consumer (definition see I. para. 2 b) and the contract concluded is a distance contract (definition see para. 2), the following paragraphs shall also apply. The following paragraphs do not apply to other contracts.
2. Distance contracts are contracts for the supply of goods or the provision of services, including financial services, concluded between a trader and a consumer using exclusively means of distance communication, unless the contract is not concluded within the framework of a distribution or service system organized for distance sales. Financial services within the meaning of sentence 1 are banking services as well as services in connection with the granting of a loan, insurance, retirement provision for individuals, investment of funds or payment. Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogs, telephone calls, telecopies, e-mails as well as broadcasting, tele- and media services.
3. Cancellation Policy:
Consumers have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must notify us to ENLES GmbH & Co. KG, Thyssenstr. 15, 48703 Stadtlohn, Email: info@ENLES.de by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
4. cancellation form
(If you wish to revoke the contract, please fill out and return this form).
– To the company: Firma ENLES GmbH & Co. KG, Thyssenstr. 15, 48703 Stadtlohn, Email: info@ENLES.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
IX. Place of jurisdiction, applicable law1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the parties agree that the place of jurisdiction shall be Stadtlohn.
2. German law shall apply to all rights and obligations arising from the contract concluded with us. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
X. Dispute resolutionThe EU Commission provides a platform for online dispute resolution on the Internet at the following link:
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
XI. Severability clauseShould any provision of this agreement be invalid in whole or in part, or should it later lose its legal effect, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions shall apply.
(Status of these GTC: 12/2020)