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Terms and conditions of sale
Find out all about the Terms and conditions of LINDER GmbH
§ 1. Scope of application
These terms and conditions apply to all contracts between you and us, LINDER GmbH, Hanomagstraße 22, 21244 Buchholz idN (hereinafter the “seller”), unless agreed otherwise in writing between the parties. Deviating or conflicting terms and conditions are only effective with the express consent of the seller.
§ 2. Conclusion of the contract
1. The seller only offers its goods for sale, as long as you are a natural or legal person or a legal partnership and act at the conclusion of the legal transaction in the exercise of your commercial or independent professional activity (entrepreneur) and as far as you are not a consumer or use the goods as an end user in your independent professional, commercial or official activity. Conclusion of a purchase contract with the consumers shall be excluded.
2. The goods offered by the seller on the Internet do not represent a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer of the buyer). You can submit your purchase offer by telephone, in writing, by fax, by e-mail or via the order system integrated in the online shop of the seller. Please note when buying through the online shop system: The goods intended for purchase are stored in the “shopping cart”. The customer can then access the “shopping cart” at any time via the button on the navigation bar and make changes to the items contained therein. After clicking on the order form and entering your personal details, payment and shipping options, all order data will be displayed again. Before submitting the order you have the opportunity to check all information (e.g. name, address, shipping, payment method and ordered items) again, to change (also via the “back” function of your Internet browser) or cancel the purchase. By submitting the order via the corresponding button, you make a binding offer to the seller. You will first receive an automatic e-mail regarding the receipt of your order, which will not immediately result in the conclusion of the contract.The acceptance of your offer (and thus the contract) takes place either by confirmation in writing or by sending the goods.
3. The contract language is exclusively German. The text of the contract (order data and terms and conditions) is stored by the seller. However, the storage is only temporary or not accessible to you, so please print this or store it separately.
§ 3 Prices, Terms of Payment
1. The prices quoted in the offers are net prices, they do not include VAT. The shipping costs are calculated separately according to the expenses incurred.In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by you, but not to the seller, but to the relevant customs or tax authorities.
2. You have the following payment options:
- Advance payment by bank transfer
- Payment by PayPal
- Payment by instant transfer
- Payment by invoice. This is possible after a positive credit check, for a first order with a value of goods under 500 euros only advance payment is possible. Invoice only for public institutions and social institutions. The seller reserves the right to exclude a specific payment method in individual cases. Invoices are due for payment within 30 days without deduction from the invoice date.
3. You are only entitled to offset payments if your counter-claims have been validly established, are uncontested or have been recognised by us. Additionally, you are permitted to execute a retention right to the extent to which your counter-claim is based on the same contractual relationship.
4. In case of default with more than one obligation from one or more contracts agreed with you, the total claims of the seller from all contracts agreed with you are due for immediate payment.
§ 4 Delivery Terms and Conditions
1. The estimated delivery time is stated in the item description and the order confirmation. Delivery dates and delivery times are only binding if confirmed by the seller in writing and expressly as binding. With the payment method of advance payment by bank transfer, the dispatch takes place only after the seller receives the complete purchase price and the forwarding expenses.
2. If, contrary to expectations, a product ordered by you is not available or cannot be delivered despite timely conclusion of the relevant covering transaction for reasons beyond the control of the seller, you will be informed immediately of the non-availability and any payments already made will be reimbursed immediately in the case of an withdrawal.
3. The shipment is at your own risk. If you wish, the shipment will be made with a suitable transport insurance policy, whereby the resulting costs are to be borne by you.
4. Partial deliveries are permitted and can be invoiced independently by the seller, provided that you are not burdened with additional costs for shipping.
§ 5 Warranty
1. The warranty period is one year from the date of delivery. The one-year warranty period does not apply to culpably attributable damages attributable to the seller resulting from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the seller as well as slightly negligent violation of essential contractual obligations; in these cases only § 7 (“limitation of liability”) applies.
2. As a characteristic of the goods, only the seller’s own data and the product description of the manufacturer are considered as agreed, but not other advertising, public promises and utterances of the manufacturer.
3. You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and immediately notify the seller in writing. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded. The buyer is responsible for proving that the delivery is defective or incomplete.In the event of defects, the seller shall, at its discretion, warrant repair or replacement. To check for the existence of a defect, the defective goods must be made available to the seller free of charge by the buyer. Obvious damage caused by the transport must be noted on the delivery receipt directly by the recipient upon acceptance of the goods. A missing entry on the delivery document can lead to a rejection of the transport damage regulation.
4. If the defect removal fails twice, you may, at your discretion, demand a reduction or revoke the contract. The buyer must immediately give the seller the opportunity of repair or replacement; otherwise, the services billed to the buyer must be paid immediately.
§ 6 Retention of title
1. The seller is entitled to assign its claims under the contract agreed with you.
2. The seller retains ownership of the goods until complete settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted. To assert the retention of title, a withdrawal from the contract is not required, unless the customer is a consumer, but this is expressly excluded in accordance with § 2 para 1.
3. You are revocably authorised to resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of the invoice amount, which accrue to you from the resale, to the seller accepting the assignment. You are also authorised to collect the receivables. If you fail to meet your payment obligations properly, the seller reserves the right to collect the claim itself.
4. Processing or alteration of the object of purchase by the customer is always carried out exclusively for the seller. If the purchased item is processed or combined with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion of the value of the purchased item to the other processed items at the time of processing. If the purchased item is mixed with other items not belonging to the seller, the seller acquires the co-ownership of the new item in proportion of the value of the purchased item to the other mixed item at the time of mixing. If the customer’s item is to be regarded as the main item, the customer shall assign co-ownership to the seller on a pro rata basis.
5. The seller undertakes to release the securities to which it is entitled on request to the extent that the realisable value of the seller’s securities exceeds the claim to be secured by more than 10%. The seller is entitled to select the securities to be released.
§ 7 Limitation of liability
1. The provider is fully liable for damages resulting from injury to life, limb or health, as far as it fraudulently conceals a defect or has accepted a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in case of damage under the Product Liability Act or otherwise compulsory by law.
2. If material obligations under the contract are affected the breach of which jeopardises the achievement of the purpose of the contract (so-called “cardinal obligations”), the liability of the seller in case of slight negligence is limited to the contractually typical, foreseeable damage.
3. For breaches of minor contractual obligations, the liability for damage caused by acts of slight negligence is excluded.
§ 8 Place of performance and jurisdiction
German law applies to the exclusion of the UN Sales Convention.Place of performance is Buchholz idN; the exclusive place of jurisdiction is Hamburg.
Last updated: 01.08.2019