General terms and conditions of business
(1) These General Terms and Conditions (GTC) shall apply to all contracts and order transactions between SMO CNC-Rohrbiegetechnik Metallbau, owner Steffen Mohr (hereinafter referred to as "SMO") and the customer.
(2)Terms and conditions of the customer that are contrary to these GTC or deviate from them shall not become part of the contract. General Terms and Conditions of the Customer shall not apply vis-à-vis SMO even if SMO has not expressly objected to them. The unconditional delivery of goods or a corresponding order confirmation by SMO shall not constitute an agreement with the General Terms and Conditions of a customer.
(3)The present General Terms and Conditions are directed both to entrepreneurs (§ 14 BGB) and - to the extent legally permissible - to consumers (§ 13 BGB).
Conclusion of contract; order process
(1)The order placed by the customer is merely an offer to SMO to conclude a purchase contract. After receipt of an offer, the Customer shall first receive a first e-mail message (confirmation of receipt) with which SMO confirms the registration of the order and lists the details of the order and customer data once again. The confirmation of receipt does not yet constitute acceptance of the Customer's offer to enter into a contract. The submission of the above contractual offer is legally binding for the Customer. After examination of the order and in particular the availability of the ordered products, the Customer shall receive a second e-mail notification (order confirmation) from SMO with which SMO accepts the Customer's offer. With this second notification, the Customer shall be provided with all necessary data and information for the payment process - if advance payment has been agreed. The purchase contract is hereby concluded and the goods will be prepared for dispatch by SMO as soon as the goods are ready for dispatch and - if advance payment has been agreed - after receipt of the money the customer will receive a third e-mail notification (dispatch confirmation).
(2) SMO does not offer products for purchase by minors.
Right of withdrawal for consumers
(1)In the event of a conclusion of contract, the customer who is a consumer within the meaning of § 13 BGB (German Civil Code) shall be entitled to the rights set out in §§ 355 ff. BGB in accordance with the following instructions:
1.right of revocation
You can cancel your contract declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the recipient and not before we have fulfilled our obligations under § 312 c paragraph 1 BGB in conjunction with Article 246 § 1 paragraph 1 and 2, 2 EGBGB and § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
2.declaration of revocation
The declaration of revocation or the return of the goods must be addressed to:
CNC Tube Bending Technology
Owner: Steffen Mohr
Gutenbergstraße 4 d
or by e-mail an:firstname.lastname@example.org
or by e-mail to: email@example.com
3.consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. a user fee for the use of the item) are to be surrendered. If you are unable to return the received services in whole or in part, or only in a deteriorated condition, you may be required to pay compensation. This does not apply to the surrender of goods if the deterioration of the goods is exclusively attributable to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the value of the goods by not using the goods as if they were your property and by refraining from doing anything that could reduce their value. Goods that can be sent by parcel post are to be returned. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of € 40.00 or, in case of a higher price of the goods, if you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
(2)The above right of revocation shall not apply to custom-made products and the delivery of goods which are modified at the request of the customer compared to the original information provided by SMO within the framework of the Internet shop.
Terms of delivery
(1)Delivery by SMO shall be made from stock to the delivery address specified by the Customer. SMO shall make any statements regarding delivery periods without guarantee, unless SMO assures the binding nature of a delivery date in writing. Delivery both within Germany and abroad shall only be made against advance payment unless another arrangement (e.g. payment on account) is expressly agreed upon in individual cases; such an agreement must also be in writing. Dispatch in case of delivery against prepayment will only be arranged after receipt of the entire invoice amount.
(2)Delivery shall be made subject to the proviso that SMO itself is supplied in good time by its suppliers. In the event that delivery problems arise on the part of the supplier, SMO shall be entitled to withdraw from the contract with the customer, provided that SMO notifies the customer immediately that the desired product is not available. The statutory claims of the customer shall remain unaffected.
(3)If the delivery was not possible because the Customer cannot be found at the stated delivery address despite reasonable notice of the delivery date, the Customer shall bear the costs of the unsuccessful delivery attempt alone.
(4)SMO shall generally be entitled to make partial deliveries as long as these are reasonable for the customer in the individual case and appropriate in the overall circumstances from the point of view of SMO.
Prices; Shipping costs
(1)All prices published by SMO on the Internet platform "SMO Metallbau Onlineshop" or in any other way are stated in euros and are generally inclusive of the statutory value added tax of currently 19 % and plus shipping costs, unless expressly stated otherwise.
(2)The shipping costs are incurred per order and in the case of shipping to several delivery addresses, per delivery address. They may vary depending on the country to which the goods are to be shipped and are shown separately before the order is executed.
Dimensions, quantities and weights
(1)All specifications regarding dimensions, weight, properties, loads, capacities, resistance specifications, etc. are to be understood as approximate values customary in the business and industry and are not to be regarded as a binding assurance of the quality of an item. Something else shall only apply if SMO expressly declares such assurance to the customer in writing in the respective individual case.
(2)All illustrations, drawings or photographs of products, product details or the like on the internet platform of SMO or in any other publication printed or digital publication serve only to illustrate the product and do not constitute a guarantee that the delivered product exactly corresponds to such publications.
(3)Details on the internet platform of SMO regarding current stocks (inventories) of individual products are non-binding and serve only to inform the Customer. The actual availability of the products to be delivered shall first be checked by SMO in the respective individual case for each order and shall only be guaranteed with the order confirmation e-mail (see above § 2 paragraph 1 of these GTC).
Transport, transfer of risk
(1)In the case of transactions with customers who are not consumers within the meaning of § 13 BGB (German Civil Code), the risk of accidental loss of the goods shall pass to the customer upon handover of the goods to the commissioned carrier (post office, railway, parcel service, forwarding agent). To cover the transport risk SMO shall take out a transport insurance for the customer. The additional costs arising from this shall be shown separately in the invoice. If the customer does not wish to take out transport insurance, he shall expressly indicate this to SMO when placing the order (see § 2 above).
(2)The above paragraph 1 shall not apply to sales contracts with customers who are consumers. In this respect the statutory provisions shall apply.
Due date, payment, default
(1)The purchase price is due immediately upon conclusion of the contract. The customer must pay the invoice amount after receipt of the order confirmation, with which he is assigned an invoice number. Payment must be made by bank transfer to the account specified in the order confirmation e-mail.
(2)In case of default of payment SMO shall be entitled to demand default interest in the amount of 5 percentage points above the respective base interest rate per annum. For customers who are not consumers within the meaning of § 13 BGB (German Civil Code), the default interest rate shall be 8 percentage points above the base rate. SMO reserves the right in individual cases to claim higher damages caused by default if such damages can be proven. The occurrence of default shall be determined by the statutory provisions, in particular § 286 BGB.
Offsetting, right of retention
(1)The Customer shall only be entitled to set-off insofar as counterclaims which are made for set-off have been legally established or have been recognized by SMO.
(2)The Customer shall only be entitled to assert a right of retention with respect to such counterclaims that originate from the same contractual relationship.
Retention of title
(1) All deliveries of goods by SMO shall be subject to retention of title. The delivered materials and products shall remain the property of SMO until complete payment of all claims resulting from the business relationship including ancillary claims and possible claims for damages.
(2)The treatment or processing of the goods and materials delivered by SMO under retention of title shall be deemed to have been carried out on behalf of SMO without any liabilities arising for SMO from this. The goods and materials shall therefore remain the property of SMO in any processing or working condition as long as they do not become essential components of a building by appropriate processing. If the goods subject to retention of title by SMO are combined or mixed with other items not owned by SMO, SMO shall acquire co-ownership of the new item according to § 947, 948 BGB (German Civil Code) in proportion to the value (invoice value) if the items are also subject to retention of title with processing clause, otherwise sole ownership. The Customer shall store the co-ownership of SMO free of charge.
(3)The Customer is entitled to process and sell the reserved goods in the ordinary course of business. The claims arising from the resale, the processing or for any other legal reason (insurance, tort) with respect to the goods subject to retention of title (including all balance claims from current account) are already now assigned by the Customer in full to SMO. SMO accepts the assignment. All rights of retention of title of SMO (simple, extended, prolonged or current account retention) shall not expire even if goods or materials originating from SMO are acquired by a third party as long as the third party has not paid for the goods or materials at SMO.
(4)SMO revocably authorises the customer to collect the claims assigned to SMO for the account of SMO in his own name. SMO reserves the right to collect the claims itself as soon as the customer does not properly fulfil his payment obligations, is in default of payment or an application for opening of insolvency proceedings has been filed or cessation of payments exists. If this is the case, SMO can demand that the customer discloses the assigned claims, provides all information necessary for collection, hands over the relevant documents and informs the debtor (third party) of the assignment.
(5)To secure his claims, the customer shall also assign to SMO the claims to which he is entitled against a third party due to the connection of the goods with a property.
(6)In case of conduct of the customer in breach of contract - in particular default of payment - SMO shall be entitled to take back the goods subject to retention of title, if this is still possible, and, if necessary, to demand assignment of the claims for return of the customer against third parties. The taking back as well as the seizure of the reserved goods by SMO shall not constitute a withdrawal from the contract.
Ownership of documents
(1)SMO reserves all property rights and copyrights to all documents provided to the customer by SMO in connection with a contractual relationship or a contract initiation, such as drawings, sketches, construction plans, calculations etc. Such documents may not be made accessible to third parties by the customer unless SMO gives the customer express consent in this respect.
(2)If a contract is not concluded or the contract is rescinded, any documents provided to the customer by SMO shall be returned to SMO without delay.
Warranty and liability
(1)If the purchased item is defective, the statutory provisions shall apply. The assignment of warranty claims for material defects by the customer is excluded.
(2)Further claims for damages of the Customer - irrespective of the legal grounds - shall be excluded unless the cause of damage is attributable to intent or gross negligence of SMO, its employees or its vicarious agents. SMO shall therefore in particular not be liable for loss of profit, other losses of assets or damages that have not occurred to the delivery item itself. The above limitation of liability shall not apply in case of personal injury or claims specifically regulated by law (e.g. product liability).
(3)In case of negligent violation of essential contractual obligations (cardinal obligations) by SMO, the obligation to pay damages shall be limited to the typically expected damage.
(4)If a replacement delivery was made within the scope of subsequent performance, the Customer shall be obliged to return the item delivered first within 30 days. If the Customer does not comply with this obligation, SMO reserves the right to claim damages according to the statutory provisions.
(5)The warranty period shall be two years from delivery.
Collection, processing and use of personal data
(1)SMO is entitled to collect, store and process the data necessary for the transaction. Furthermore, address and order data are collected and processed for own marketing purposes.
(2)SMO shall not pass on related data to third parties.
(3)The Customer may informally object to the use and processing of data for marketing purposes at any time or informally revoke a consent once declared with effect for the future. The declaration/revocation shall be sent to one of the addresses (post or e-mail) stated under the following § 14 (Imprint).
CNC tube bending technology
Owner: Steffen Mohr
Gutenbergstraße 4 d
Phone: 0421-696 44 787
E-mail: firstname.lastname@example.org ; email@example.com
Disclaimer for third parties
Insofar as SMO's Internet pages are linked to or otherwise refer to pages of third parties on the Internet, the following shall apply:
(1)SMO expressly declares that both the rights to these pages and the responsibility for their contents lie solely with the third party provider and that SMO has no influence whatsoever on the design and contents of the linked pages. Therefore, SMO hereby expressly distances itself from all links displayed on "http://www.smo-metall.de" or their contents and does not adopt them as its own. This applies in particular to contents that are offensive or whose distribution is prohibited under German or foreign law and whose distribution is subject to criminal prosecution.
(2)SMO also cannot guarantee that its pages, references to third party pages or the linked pages themselves do not contain viruses. SMO generally disclaims any liability for material or non-material damage including consequential damage caused by the use of the information provided by SMO, unless such damage can be attributed to intentional or grossly negligent conduct of SMO.
All rights of use to images, logos and the essential design of these Internet pages are held by SMO. Any use without the express consent of SMO is not permitted and may lead to legal prosecution.
Applicable law; contractual language
(1)All contracts between SMO and its customers shall be governed by German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2)In the event that a written contract is concluded between SMO and the Customer, the contractual language shall be German.
Place of jurisdiction
For all transactions between SMO and customers who are not consumers in the sense of § 13 BGB (German Civil Code), the place of jurisdiction and place of performance shall be 28816 Stuhr, Germany. Otherwise, the statutory provisions of the ZPO shall apply.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Stuhr, July 2013
SMO CNC-Rohrbiegetechnik Metallbau, Steffen Mohr