Delivery, return, and payment terms of CitroenDS.net GmbH

1. General information – Scope of application

The offer, order, and contractual relationship are based exclusively on our delivery and payment terms. By placing an order, the customer agrees to the validity of these delivery and payment terms. Any terms and conditions of the customer that deviate from or supplement these terms and conditions of delivery and payment shall not become part of the contract, even if we do not expressly object to them or if the customer declares that they only wish to place the order on their own terms. Deviations from these terms and conditions of delivery and payment shall only apply if they have been expressly accepted by us in writing. Translated with DeepL.com (free version)

2. Prices and order placement

a) All prices are net prices, to which the applicable statutory value added tax will be added. Prices are ex works. Transport and packaging costs will be charged separately.

b) Prices are valid for 4 months from the date of conclusion of the contract. If a delivery period of more than 4 months is agreed, we shall be entitled to pass on to the customer any cost increases incurred in the meantime for the procurement of materials by means of price increases.

3. Delivery

a) Only orders confirmed in writing shall be deemed accepted and can be delivered. If the customer has not specified the type of shipment, it shall be selected by us.

b) The delivery time shall be agreed separately for each contract, taking into account our anticipated performance capacity, and shall be subject to unforeseen circumstances and obstacles.

c) If the completion and delivery of the object of performance at our premises or at those of our subcontractors or suppliers is delayed due to force majeure, government measures, confiscation, insurrection, rejection of an important workpiece, shortage of raw materials, delayed delivery of materials through no fault of our own, strikes, lockouts, or similar events

the delivery period shall be extended accordingly. We can only invoke the aforementioned circumstances if we have notified the customer immediately.

d) Permanent operational disruptions due to force majeure, strikes, or raw material depletion entitle us to withdraw from the contract that has not yet been fulfilled.

e) After expiry of the agreed delivery period, the customer is entitled to set us a two-week grace period for delivery in writing, beginning on the day of the written notice of default by the buyer, and to withdraw from the contract or claim damages if this period is not met.

f) Since we procure material for the manufacture of the goods sold and, in some cases, the goods sold in their entirety from a supplier, we and the customer are entitled to withdraw from this contract if, three months after the date on which we are contractually obliged to deliver, we have not received the goods from our suppliers in the quality specified in the contract for reasons for which we are not responsible, even though we have concluded a sufficient covering transaction and made all reasonable efforts to ensure prior delivery.

4. Complaints and warranty

a) Goods delivered by us must be checked for integrity and completeness immediately upon receipt.

b) The customer must report obvious defects in writing within 8 days of delivery of the goods. Otherwise, they lose their warranty claims in this regard.

c) Soweit der Kunde Kaufmann ist, gilt folgendes: Offensichtlich und bei ordnungsgemässer Untersuchung in sofern eine solche im ordnungsgemässen Geschäftsgangtunlich ist  hat der Käufer innerhalb von 14 Tagen nach Ablieferung der Ware zu rügen. Bei Versäumung der Rügefrist kommt eine Gewährleistung für die davon betroffenen Mängel nicht in Betracht.

d) If the goods are defective or lack warranted characteristics, we shall initially be obliged to repair or replace them at our discretion. If the repair or replacement fails, the customer may, at his discretion, demand a reduction in payment, a reduction in price or rescission of the contract, or conversion. The sale of used items is carried out to the exclusion of any warranty.

5. Liability

We shall be fully liable for damages resulting from intentional or grossly negligent breaches of contract by us, a legal representative, or a vicarious agent. In the case of simple negligent breaches of contract, we shall only be liable if the breach concerns an obligation that is essential for the performance of the contract.

6. Payment

a) The invoice amount is due for payment within 14 days of the delivery date at the latest.

b) Initial orders are delivered cash on delivery or against advance payment, unless otherwise agreed.

c) Payments are only considered to have been made if they are made directly to us or to our bank account or to a person authorized by us in writing to receive money.

d) In the event of late payment, we are entitled to charge interest on arrears at a rate of 4% above the respective discount rate of the Federal Reserve Bank p.a.

e) We reserve the right to claim further damages for late payment.

f) In the event of default of payment by the customer, check, bill of exchange protests, or suspension of payments of any kind, all our claims against the debtor shall become due immediately. Agreed discounts and other price reductions shall then be deemed retroactively not to have been agreed.

g) Offsetting by the customer shall only be permissible with undisputed or legally established claims.

7. Retention of title

a) We retain title to the goods delivered by us until the purchase price has been paid.

b) If the contractual partner is a merchant, we retain title to all goods delivered by us until our total claims arising from the business relationship have been paid. In this case, the contractual partner assigns to us in full, by way of security, all claims against its customers arising from the sale or from any other legal grounds, together with all ancillary rights, upon conclusion of the purchase contract.

c) If the value of the item serving as security and delivered under retention of title exceeds our total claim by more than 20%, we shall be obliged, at the request of our contractual partner, to release securities of our choice to this extent.

d) If the customer is in default of payment, we shall be entitled to notify the customers named by the customer of the transfer of the claims and to instruct them to make payments to us.

8.Right of withdrawal of the sender

We shall not be obliged to deliver and may withdraw from the contract without any obligation to pay damages if our customer has provided us with incorrect information about its creditworthiness or has suspended its payments.

9. Default of acceptance

If, in the event of default of acceptance, the customer refuses to accept the goods after expiry of a reasonable grace period set for acceptance or expressly declares that it does not wish to accept them, we may withdraw from the contract or claim damages for non-performance in the amount of 10% of the net order price without deductions. The compensation payment shall be correspondingly higher or lower if we prove higher damages or the customer proves lower damages.

10. Place of conclusion and jurisdiction

The place of jurisdiction and performance is Gelsenkirchen, provided that the contractual partner is a registered trader, a legal entity under public law, or a special fund under public law. Foreign customers are subject to German law.

11. Severability clause

Should any provision of these terms and conditions of delivery and payment be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision.