(2) Die AGB gelten insbesondere für Verträge über den Verkauf und/oder die Lieferung beweglicher Sachen („Ware“), ohne Rücksicht darauf, ob Metallschmiede.com die Ware selbst herstellt oder bei Zulieferern einkauft (§§ 433, 650 BGB). Sofern nichts anderes vereinbart, gelten diese AGB in der vom Kunden bei seiner Online-Bestellung bestätigten Fassung.
(3) The customer is obliged to inform Metallschmiede.com in writing (e.g. e-mail, letter) before the contract is concluded if the ordered parts are used in safety-relevant applications or components (e.g. aircraft, medical technology, automotive industry). If such notification is omitted, Metallschmiede.com is not liable for damage resulting from improper use of the delivered parts or parts that do not comply with the specifications.
(4) The terms and conditions of Metallschmiede.com apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that Metallschmiede.com has expressly agreed to their validity in writing (e.g. e-mail, letter). This consent requirement applies in any case, for example even if Metallschmiede.com carries out the delivery to the customer without reservation in knowledge of the customer's terms and conditions.
(5) Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these terms and conditions. Subject to proof to the contrary, a contract or confirmation from Metallschmiede.com in written or text form is decisive for the content of such agreements.
(6) Legally relevant declarations and notifications from the customer regarding the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail). Statutory formal requirements and further evidence, in particular in case of doubt as to the legitimacy of the declarant, remain unaffected.
(7) References to the validity of legal regulations are only for clarification purposes. Even without such clarification, the statutory provisions therefore apply insofar as they are not directly amended or expressly excluded in these terms and conditions.
(1) The offers from Metallschmiede.com are subject to change and non-binding. This also applies if Metallschmiede.com has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents — including in electronic form.
(2) Orders from Metallschmiede.com can only be placed after login and registration. The customer can select products from the Metallschmiede.com range and collect them using the “Add to shopping cart” button and in a so-called shopping cart. By clicking on the “Order with obligation to pay” button, he makes a binding offer to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thus included them in his offer. The receipt of the order by Metallschmiede.com will be confirmed immediately with an automatic confirmation of receipt to the customer by e-mail. The automatic confirmation of receipt only documents that the customer's order has been received by Metallschmiede.com, but does not represent an acceptance of the order.
(3) The order of the goods by the customer is considered a binding contract offer. Unless otherwise stated in the order, Metallschmiede.com is entitled to accept this contract offer within 5 working days of receipt of the order.
(4) Acceptance can be declared either in writing by order confirmation (e.g. e-mail, letter) or by delivery of the goods to the customer. The order confirmation from Metallschmiede.com is a binding acceptance, unless Metallschmiede.com states otherwise in the order confirmation.
(5) The subject matter of the contract is the goods and other services listed in the order confirmation from Metallschmiede.com.
(6) Metallschmiede.com is entitled to have the customer's order or parts of it fulfilled by third parties. Metallschmiede.com is still entitled to assign payment claims arising from the contract to third parties. Customer consent is not required for this.
(7) After order confirmation by Metallschmiede.com, changes and additions to the order requested by the customer are only possible after a separate agreement between the parties.
(1) Delivery dates specified in the order confirmation from Metallschmiede.com are not binding as expected delivery dates for Metallschmiede.com. If, contrary to this, binding delivery dates are expressly guaranteed in writing (e.g. e-mail, letter) by Metallschmiede.com, these are subject to defect-free and timely self-delivery by suppliers.
(2) If Metallschmiede.com is unable to meet binding delivery deadlines for reasons for which Metallschmiede.com is not responsible (unavailability of service), Metallschmiede.com will immediately inform the customer of this and at the same time inform the expected new delivery period. If the service is not available even within the new delivery period, Metallschmiede.com is entitled to withdraw from the contract in whole or in part; any consideration already paid by the customer will be immediately reimbursed by Metallschmiede.com. The case of unavailability of the service in this sense applies in particular (i) the untimely self-delivery by the supplier to Metallschmiede.com if Metallschmiede.com has concluded a congruent hedging transaction or (ii) if neither Metallschmiede.com nor its suppliers are at fault. Claims for damages by the customer are excluded in these cases, unless Metallschmiede.com has culpably caused the impediment to delivery or has not taken reasonable measures to remedy the fault.
(3) Metallschmiede.com is entitled to carry out partial deliveries, provided that the customer is not unduly disadvantaged as a result. Metallschmiede.com bears additional shipping costs caused by partial deliveries.
(4) The occurrence of a delay in delivery is determined by the statutory provisions. In any case, however, a reminder from the customer is required.
(5) The customer's rights in accordance with §§ 7, 9 of these terms and conditions and the legal rights of Metallschmiede.com, in particular when the obligation to perform is excluded (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance) remain unaffected.
(1) Delivery is ex warehouse, which is also the place of fulfilment (Section 269 (1) BGB) for delivery and any subsequent performance. At the customer's request and expense, the goods will be shipped to another destination (shipping purchase). Unless otherwise agreed, Metallschmiede.com is entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself.
(2) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest upon delivery. However, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is transferred as soon as the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. Insofar as acceptance has been agreed, this is decisive for the transfer of risk. In all other respects, the statutory provisions of work contract law apply mutatis mutandis to an agreed acceptance. Delivery or acceptance is equivalent if the customer is in default of acceptance. The customer is responsible for taking out transport insurance.
(3) If the customer is in default of acceptance, fails to cooperate or if delivery by Metallschmiede.com is delayed for other reasons for which the customer is responsible, Metallschmiede.com is entitled to claim compensation for the resulting damage (e.g. storage costs). For this, Metallschmiede.com charges a lump sum compensation of 20 EUR per calendar day, starting with the delay in performance by the customer (e.g. delay in acceptance, failure to cooperate).
(4) The proof of higher damage and the legal claims of Metallschmiede.com (in particular reimbursement of additional expenses, appropriate compensation, termination) remain unaffected; however, the lump sum must be offset against further monetary claims. The customer is allowed to prove that Metallschmiede.com has suffered no damage at all or only significantly less than the lump sum in accordance with Section 4 (3).
(5) The customer is responsible for unloading the transport vehicle. Please have a suitable industrial conveyor on hand, especially when delivering general cargo.
(1) Unless otherwise agreed in individual cases, the current prices on Metallschmiede.com at the time of conclusion of the contract plus statutory value added tax apply.
(2) If the customer has also ordered the shipment of the goods, the price includes packaging the goods and shipping to a delivery address (doorstep or agreed place of unloading). Any duties, fees, taxes and other public charges are borne by the customer.
(3) The purchase price is to be paid within 14 days of invoicing and delivery or acceptance of the goods. However, even within the framework of an ongoing business relationship, Metallschmiede.com is entitled at any time to make a delivery in whole or in part only against payment in advance or an appropriate security, e.g. in the form of a guarantee. Metallschmiede.com declares a corresponding reservation at the latest with the order confirmation.
(4) Upon expiry of the above payment period, the customer is in default without a reminder. This allows Metallschmiede.com to immediately make all other outstanding and deferred invoice amounts due. In such a case, any agreed discounts and discounts will not apply. During the period of default, interest is payable on the purchase price at the applicable statutory default interest rate. Metallschmiede.com reserves the right to claim further damage caused by delay. Metallschmiede.com's claim to the commercial due interest (§ 353 HGB) against merchants remains unaffected.
(5) The customer is only entitled to offsetting or withholding rights to the extent that his claim has been legally established or is undisputed. This does not apply to customer retention rights based on counterclaims by the customer arising from the same contractual relationship. In the event of delivery defects, the customer's reciprocal rights, in particular in accordance with Section 7 (3) sentence 2 of these terms and conditions, remain unaffected.
(6) If, after conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that Metallschmiede.com's claim to the purchase price is jeopardized by the customer's lack of performance, Metallschmiede.com is entitled to refuse performance and — if necessary after setting a deadline — to withdraw from the contract (Section 321 BGB). In the case of contracts for the production of indefensible items (custom-made products), Metallschmiede.com can immediately declare the withdrawal; the legal regulations on the dispensability of setting a deadline remain unaffected.
(7) Payments with debt-relieving effect can only be made to Metallschmiede.com. Metallschmiede.com reserves the right to transfer and sell receivables and other claims to a factoring bank as part of factoring.
(1) Metallschmiede.com reserves title to the goods sold until full payment of all current and future claims from Metallschmiede.com arising from the contract and an ongoing business relationship (secured claims).
(2) The goods subject to retention of title may neither be pledged to third parties nor transferred as security before full payment of the secured claims. The customer must immediately notify Metallschmiede.com in writing if an application for the opening of insolvency proceedings is filed or if third parties (e.g. seizures) have access to goods belonging to Metallschmiede.com.
(3) If the customer acts contrary to the contract, in particular if the purchase price due is not paid, Metallschmiede.com is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The request for surrender does not at the same time include a declaration of withdrawal; rather, Metallschmiede.com is only entitled to demand the return of the goods and reserves the right to withdraw from the contract. If the customer does not pay the purchase price due, Metallschmiede.com may only assert these rights if Metallschmiede.com has previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is dispensed with in accordance with the statutory provisions.
(4) Until revoked by Metallschmiede.com in accordance with below (c), the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.
(a) The retention of title extends to the products resulting from processing, mixing or combining our goods at their full value, with Metallschmiede.com being considered the manufacturer. If, when processed, mixed or combined with third-party goods, their ownership rights remain, Metallschmiede.com acquires joint ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered under retention of title.
(b) The customer hereby assigns any claims against third parties arising from the resale of the goods or the product in whole or in the amount of any co-ownership share of Metallschmiede.com in accordance with paragraph (a) above to Metallschmiede.com as security. Metallschmiede.com hereby accepts the assignment. The customer's obligations set out in paragraph 2 also apply in view of the assigned claims.
(c) In addition to Metallschmiede.com, the customer remains authorized to collect the claim. Metallschmiede.com undertakes not to collect the claim as long as the customer meets its payment obligations to Metallschmiede.com, there is no lack of performance and Metallschmiede.com does not assert the retention of title by exercising a right in accordance with paragraph 3. However, if this is the case, Metallschmiede.com may demand that the customer notifies Metallschmiede.com of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and notifies the debtors (third parties) of the assignment. In this case, Metallschmiede.com is also entitled to revoke the customer's right to further sell and process the goods subject to retention of title.
(d) If the realizable value of the securities exceeds Metallschmiede.com's claims by more than 30%, Metallschmiede.com will release securities of Metallschmiede.com's choice at the customer's request.
(1) The customer's rights in the event of material and legal defects (including incorrect and underdelivery as well as improper assembly or faulty assembly instructions) are subject to the statutory provisions, unless otherwise specified below. In all cases, the special statutory provisions remain unaffected when the unprocessed goods are delivered to a consumer, even if the consumer has further processed them (supplier recourse in accordance with §§ 478 BGB). Claims arising from supplier recourse are excluded if the defective goods have been further processed by the customer or another entrepreneur, e.g. by installation in another product.
(2) If the delivered item is defective, Metallschmiede.com may choose whether to remedy the defect (repair) or deliver a defect-free item (replacement delivery). The right of Metallschmiede.com to refuse subsequent performance under legal requirements remains unaffected.
(3) Metallschmiede.com is entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to withhold a reasonable portion of the purchase price in relation to the defect.
(4) The customer must give Metallschmiede.com the time and opportunity necessary for the subsequent performance owed. In particular, the customer must hand over the complained goods to Metallschmiede.com for inspection purposes within one week of notification of the defect. In the event of a replacement delivery, the customer must return the defective item to Metallschmiede.com at their request in accordance with the statutory provisions. However, the buyer has no right to return the goods.
(5) The subsequent performance does not include the removal of the defective item or the reinstallation of the defect-free item. Customer claims for reimbursement of corresponding costs (removal and installation costs) remain unaffected.
(6) Metallschmiede.com will reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs as well as any removal and installation costs, in accordance with legal regulations and these terms and conditions, if a defect actually exists. Otherwise, Metallschmiede.com may demand reimbursement from the customer for the costs arising from the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defect was not apparent to the customer.
(7) Customer claims for reimbursement of expenses in accordance with Section 445a (1) BGB are excluded, unless the last contract in the supply chain is a purchase of consumer goods (Sections 478, 474 BGB). Claims by the customer for compensation or reimbursement of futile expenses (§ 284) exist only in the event of defects in accordance with § 9 and are otherwise excluded.
(1) The customer's claims for defects in accordance with § 7 presuppose that he has met his statutory inspection and complaint obligations (Sections 377, 381 HGB). Construction materials and other goods intended for installation or other further processing must in any case be examined immediately before processing. If a defect is discovered during delivery, inspection or at any later date, Metallschmiede.com must immediately be notified of this in writing. In any case, obvious defects must be reported in writing within three (3) working days from delivery and defects not apparent during the inspection within the same period of discovery. Working days within the meaning of Section 8 (1) are all days from Monday to Friday, with the exception of public holidays, at the customer's registered office. If the customer fails to carry out a proper inspection and/or report of defects, Metallschmiede.com's liability for the defect not reported or not reported on time or improperly is excluded in accordance with the statutory provisions.
(2) The customer must report loss of or damage to the goods to the carrier, freight forwarder or the person otherwise designated to ship the goods (“transport company”). Externally visible damage or shortages must be reported to the transport company at the latest upon delivery; hidden defects within one week of delivery. The loss or damage must be reported in writing (e.g. letter, e-mail) with sufficient documentation. If the customer reports the damage late or improperly, he must compensate Metallschmiede.com for all resulting damage.
(1) Unless otherwise stated in these terms and conditions, including the following provisions, Metallschmiede.com is liable in the event of a breach of contractual and non-contractual obligations in accordance with statutory provisions.
(2) Metallschmiede.com is liable for damages — irrespective of the legal basis — as part of fault liability in the event of intent and gross negligence. In the event of simple negligence, Metallschmiede.com is only liable, subject to legal limitations of liability (e.g. due diligence in own affairs; insignificant breach of duty)
1. a) for damage resulting from injury to life, limb or health,
2. b) for damages resulting from the breach of an essential contractual obligation (i.e. an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability arising from paragraph 2 also apply in the event of breaches of duty by or for the benefit of persons whose fault Metallschmiede.com is responsible in accordance with statutory provisions. They do not apply if Metallschmiede.com has fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims made by the customer under the Product Liability Act.
(4) Due to a breach of duty that does not consist of a defect, the customer can only withdraw or cancel if Metallschmiede.com is responsible for the breach of duty. The customer's free right of termination (in particular in accordance with Sections 650, 648 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
(1) The customer ensures the completeness and accuracy of the plans, drawings and data transferred to Metallschmiede.com. This also applies if there are data transmission or data carrier errors for which Metallschmiede.com is not responsible. The customer is obliged to use standard commercial protection programs against computer viruses and to regularly back up data to ensure error-free and secure transmission of data. Metallschmiede.com is entitled to make copies of drawings and data exclusively for internal evidence and for reasons of possible rectification of defects. These copies will be kept confidential and will not be shared with third parties unless there is a legal obligation to disclose them.
(2) Metallschmiede.com is not liable for material wear and damage caused by faulty plans, drawings or data provided by the customer. The customer has no contractual and legal rights due to defects if the defects in the delivered goods are based on incorrect plans, drawings or data provided by the customer, this does not apply insofar as Metallschmiede.com should have identified the errors and did not inform the customer of them.
(3) Metallschmiede.com is entitled, after prior consultation with the customer, to make changes to the plans, drawings and data provided by the customer, provided that this is in the customer's economic interest and the customer does not object to the change within a reasonable period of time.
(1) The customer warrants that drawings, data and other materials submitted to Metallschmiede.com do not infringe any copyrights, trademark rights, patents, design rights, personal rights or other protectable rights of third parties (hereinafter “third-party property rights”). The customer is obliged to inform Metallschmiede.com immediately if he is complained of the infringement of third-party property rights or if claims are promised or raised.
(2) The customer warrants that the drawings, data and other materials submitted to Metallschmiede.com do not violate applicable prohibition standards.
(3) The customer indemnifies Metallschmiede.com from all claims by third parties resulting from an infringement or alleged breach of duties in accordance with paragraphs 1 or 2 and undertakes to compensate Metallschmiede.com for any damage (including reasonable prosecution, attorney and court costs) suffered by Metallschmiede.com as a result of the breach or alleged violation of these obligations.
(1) Metallschmiede.com is entitled to inform registered users about system updates and to regularly check that the stored master data is up to date.
(2) These terms and conditions and the contractual relationship between Metallschmiede.com and the customer are governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Sales Convention.
(3) The exclusive — including international — place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of Metallschmiede.com in Burgbernheim. However, Metallschmiede.com is also entitled to file an action at the place of performance of the delivery obligation in accordance with these terms and conditions or a priority individual agreement or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular on exclusive competencies, remain unaffected.
(5) The customer is not entitled to transfer and/or assign rights and obligations arising from the contractual relationships binding the parties to third parties without the prior written consent of Metallschmiede.com. This prohibition of assignment does not apply to monetary claims.
Metallschmiede.com Terms and Conditions
