AGB

General terms and conditions of SIPAL GmbH & Co. KG, Iserlohn

§ 1 General- Scope

1. The following General Terms and Conditions shall apply to all business relations between the company SIPAL GmbH & Co. KG, Diepke 2, 58642 Iserlohn and the customers. The version valid at the time of the conclusion of the contract shall be authoritative in each case.

2. consumers in the sense of these terms and conditions are natural persons with whom a business relationship is entered into without a commercial or self-employed professional activity being attributable to them.
Entrepreneurs in the sense of these terms and conditions are natural or legal persons or legal management companies with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity. Outstanding general terms and conditions shall also apply to legal entities under public law or a special fund under public law. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

3. deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

§ 2 Conclusion of contract

1. The conditions for our goods are subject to change and non-binding.
Our presentation of goods on the Internet does not constitute an offer, but a non-binding invitation to the customer to order. Technical as well as other changes in form, color or weight remain within the scope of reasonable reservation. The dimensions and weights mentioned by us on the Internet, brochures, advertising and the like are so-called circa - information.

2. The order of a customer, whether private or commercial, represents a binding offer. This applies to all types of orders, in particular also to orders placed or sent via the Internet site.
The company SIPAL GmbH & Co. KG accepts these orders. The company SIPAL GmbH & Co. KG clarifies that the mostly automated confirmations of receipt do not explicitly represent an acceptance, but merely signal the receipt of the order and the corresponding processing. The company SIPAL GmbH & Co. KG will confirm an order, but also reserves the right to combine the declaration of acceptance of the offer submitted by the Customer with the confirmation of receipt. A declaration of acceptance by the company SIPAL GmbH & Co. KG is equivalent to an order confirmation (by e-mail, fax or letter) to the customer or the sending of an invoice or the actual performance of the service.

3. SIPAL GmbH & Co. KG is entitled to accept the contract offer contained in the order within 2 weeks. In the case of goods ordered electronically, we are entitled to accept the order within 3 working days of receipt by us. The company SIPAL GmbH & Co. KG is entitled to refuse acceptance of the order - after checking the creditworthiness of the customer.

4. The conclusion of the contract is subject to the reservation, in case of incorrect or improper self-delivery, not or only partially to perform. This applies only in the event that the non-delivery is not our responsibility. In case of non-availability or only partial availability of the goods, the customer will be informed immediately. The consideration will be refunded immediately.

5. If the customer orders the goods electronically, the text of the contract will be stored by us and sent electronically to the customer together with the legally effective included terms and conditions by e-mail after conclusion of the contract.

6. Deviating and other agreements between SIPAL GmbH & Co. KG and the Customer must be made in writing.

7. Should SIPAL GmbH & Co. KG subcontracts the Customer's offer to a third party contractor, a corresponding notice shall be given. The contract is then concluded under the above conditions directly between the customer and third party contractor. Claims of the Customer for delivery and performance against SIPAL GmbH & Co. KG do not exist in this case.

8. "For the timeliness of the performance, the credit entry on the account of SIPAL GmbH & Co. KG is decisive. (Timeliness clause)."

§ 3 Retention of title

1. For consumers, we retain title to the goods until full payment of the purchase price. In the case of companies, we retain ownership of the goods until full settlement of all claims arising from an ongoing business relationship.

2. The customer is obliged to treat the goods with care during the existence of the reservation of title. The customer must inform us immediately in writing of any access by third parties to the goods, in particular of enforcement measures and any damage to or destruction of the goods. The customer shall notify us immediately of any change of ownership of the goods and of any change of address. The customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.

3. We are entitled to withdraw from the contract and demand the return of the goods in case of breach of contract by the customer, in particular in case of default of payment. In addition, we are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of an obligation under Section 2, if we can no longer reasonably be expected to adhere to the contract.

4. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount, which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not duly meet his payment obligations towards us and is in default of payment. The processing and treatment of the goods by the entrepreneur shall always be carried out in the name and on behalf of SIPAL GmbH & Co. KG. If the goods are processed, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are processed or mixed with other items that do not belong to us.

Date: April 2013