General Terms and Conditions
1. Scope of application and supplier
(1) These General Terms and Conditions shall apply to all orders placed by customers with the online store of CNC-Converting GmbH - Ringstr. 1 - 34270 Schauenburg - Germany.
(2) The range of goods offered in our online store is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are acting in the exercise of their commercial or self-employed professional activities when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby already objected to.
(4) You can retrieve and print the currently valid General Terms and Conditions on the website https://cnc-converting.de.
2. Conclusion of contract and prices
By completing the customer's order in our online store, the customer submits a binding offer to purchase. Insofar as we subsequently send an automated confirmation of receipt, this does not yet constitute acceptance of the customer's purchase offer. A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we separate the goods without prior express declaration of acceptance and ship them to the customer.
(2) A binding contract can also be concluded beforehand as follows: If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
(3) The languages available for the conclusion of the contract are German and English.
(4) We store the text of the contract and send you the order data and our terms and conditions by e-mail. You can view your past orders in our customer login.
(5) The prices stated in our online store are exclusive of the statutory value-added tax, which is added at the end of the ordering process for Germany.
(6) In addition to the possibility of ordering a service via the online store, this can also be done by individual offer. The contract is then concluded when the customer orders in writing a service offered to him individually.
3. Terms of payment; delay
(1) In our online store, the payment methods that can be selected for the respective customer are indicated in each case.
(2) All payments are to be made within 10 days after invoicing.
(3) Prepayment - If you select the prepayment method, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
(4) PayPal - You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You will receive further instructions during the ordering process.
(5) If the customer is in default with a payment, he is obliged to pay the statutory default interest in the amount of the statutory "default interest rate for legal transactions without consumer participation above the prime rate. In addition, the customer is entitled to payment of a lump sum in the amount of 40 euros. We reserve the right to claim further damages.
(6) If the customer does not meet his payment obligations on time or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.
4. Set-off/right of retention
(1) The customer shall only have a right of set-off if its counterclaim has been legally established or is not disputed by us.
(2) The customer may only assert a right of retention if its counterclaim is based on the same contractual relationship.
(3) We may assert a right of retention with respect to all future orders of the customer, including acknowledged orders, if the customer fails to meet its payment obligations.
5. Delivery, risk of transport, delivery dates
(1) Unless otherwise agreed, the goods shall be delivered at your request from our place of business to the address specified by you.
(2) If advance payment has been agreed, delivery dates are subject to timely payment. In the event of late payment, the delivery date shall be postponed accordingly.
(3) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by us. The risk shall pass to the customer upon handover of the respective partial delivery. If we are in default with outstanding partial deliveries or if it is not possible for us to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to claim damages for non-performance of the entire obligation, provided that the customer has no interest in the partial delivery.
6. Retention of title
(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer already now assigns to us all claims in the amount of the invoice amount accruing to the customer from the resale. We accept the assignment. However, the customer shall remain authorized to collect the claims. Insofar as the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.
(3) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on the sale of goods (Sections 433 et seq. of the German Civil Code [BGB]) with the modifications set out in the following paragraphs.
(2) Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may differ from the information in the online store. Our information on the object of the delivery or the service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
(3) You are obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately upon receipt of the goods. This shall also apply to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
For the operability of the programs converted by us on the machine of the customer no adhesion is taken over, since a conversion degree of 100% cannot be guaranteed.
Each converted program is to be evaluated like a newly created program and must be run in again by the customer on its machine under observance of all necessary safety measures. For damage, which develops with the use of the supplied programs no adhesion is taken over.
9. Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customers shall be at our place of business.