Terms and conditions

General Terms and Conditions
§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place with us as a supplier (CONUCON UG (haftungsbeschränkt)) in the online shop via the website www.conucon.de.
E-mail: info@conucon.de
(2) The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website www.conucon.de/gtc.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button "Order now with obligation to pay" you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you - without prior express declaration of acceptance.
§ 3 Customised goods
(1) You shall provide us with the suitable information, texts or files required for the customised design of the goods via the online ordering system or with your request for a quotation or at the latest immediately after conclusion of the contract by e-mail. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
(4) If agreed, you will receive a correction draft from us, which you must check immediately. If you are in agreement with the draft, you shall release the correction template for execution by countersigning it in text form (e.g. e-mail). The design work will not be carried out without your approval. You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.
(5) Insofar as we create texts, images, graphics and designs for you as part of the customised design, these are subject to copyright. The use, reproduction or modification of individual parts or complete contents is not permitted without our express consent. Unless otherwise agreed, we transfer to you the right to use the copyrighted works created for you for an unlimited period of time. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
§ 4 Prices
The prices stated on the product pages are net prices plus statutory VAT and other price components and do not include the respective shipping costs unless otherwise stated.
§ 5 Terms of payment; default
(1) Payment can be made either on invoice with a payment term of 10 days, invoice with advance payment or PayPal payment.
(2) If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(3) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the base interest rate. In addition, you are entitled to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
§ 6 Offsetting/right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established or is not disputed by us.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 Delivery; retention of title
(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the address specified by you.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 8 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB) with the following modifications:
- 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.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely despatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent fulfilment). In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent fulfilment fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
§ Section 9 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 10 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) German law shall apply exclusively to contracts between us and you, 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 you shall be the Seller's place of business.
Status: 01.03.2019