Terms and Conditions
Conditions of sale, delivery and payment
for the Online Shop of bon Optic Vertriebsgesellschaft mbH, Lübeck
1. General
Our sales and deliveries are solely based on these conditions, even if the buyer informs us of his own terms and conditions and refers to their application.
By placing the order, the buyer accepts our conditions as binding. Any contrary purchasing conditions are invalid.
We sell exclusively to entrepreneurs and tradesmen.
2. Offers and order confirmation
Our proposals are subject to change. Acceptance is denoted only after our written order confirmation or by performing delivery of ordered goods. Any additional agreements, amendments and changes of a concluded contract or verbal consent by our employees are only legally effective after our written confirmation.
3. Prices and terms of payment
Our mentioned prices are ex stock Lübeck, packing excluded. Shipping costs for domestic orders via the Online Shop are 7,90 Euro plus applicable VAT. Free domestic shipment for orders above a merchandise value of 250 Euro plus VAT. Shipping costs for international orders will be calculated on an individual basis and disclosed to customer prior to shipment. After disclosure of shipping and transport costs, the customer has the option to withdraw from the presented offer. VAT is added separately.
Our invoices are payable immediately upon receipt, without deductions. Any deduction of discount requires a special written agreement.
Default interest in the amount of 8% above the respective base lending rate will be charged p.a. We reserve the right to assert further claims caused by delay.
4. Shipping, transfer of risk, insurance
Shipping mode and dispatch route are selected by us in compliance with customary care. The risk of accidental perishing or accidental deterioration passes to the buyer as soon as the goods leave our warehouse. This applies regardless of whether the goods are shipped from the place of fulfilment or which party pays the freight costs. Transport insurance is only provided by us if specifically requested.
5. Term of delivery
Any delivery dates provided by us are based on our best judgment and do not represent fixed dates.
In case of force majeure or operating troubles at our suppliers, the delivery time will be considered reasonably extended. Should the delivery be delayed beyond that, or become impossible, the buyer is entitled to give us a deadline of no less than three weeks or to withdraw from the contract.
The start of the delivery date stated by us is subject to timely and proper fulfilment of our customer’s duties. We reserve the right of defence of non-performance of contract.
The buyer can make a claim for damages caused by failure to observe contractually agreed delivery dates only in case of gross negligence or intent.
Partial shipments are permitted.
6. Retention of title
The delivered goods remain our property until they are paid for in full (goods subject to retention of title).
7. Compensation for damages due to order cancellation
Should the buyer refuse to fulfil the contract, we are entitled to demand compensation for damages in the amount of 20% of the order value (expenses plus lost profit). For custom-made products, the full order value must be paid unless the buyer can prove that the damage experienced by us was less than that.
8. Warranty and claims
Warranty claims by the buyer are subject to his fulfilment of inspection and notification duties, as laid down in § 377 of the German Commercial Code.
Apparent defects must be reported to us in writing within 3 weekdays after receipt of the goods. The period to disclose non-apparent defects is 1 year.
If the contract with companies is for new goods, warranty claims will fall under the statute of limitation 12 months after delivery of the goods. When supplying second-hand goods, warranty to companies is excluded. Consumables such as bulbs, batteries and rechargeables are generally excluded from warranty and guarantee.
If despite all due care the delivered goods have a defect that already existed at time of risk transfer, we will have the option to either repair or replace the goods, provided that the notice of defect was given in due time. The buyer must always give us the opportunity of subsequent performance within a reasonable period.
Should the subsequent performance fail, the buyer – notwithstanding any claims for damages – may withdraw from the contract or reduce payment.
In case of withdrawal from the contract, the buyer must compensate the loss in value resulting from the period of use by the buyer under consideration of the customary amortization period.
Defects caused by operational wear, improper use, operating errors or incorrect repair attempts by the buyer or third parties are excluded from warranty.
Expenditures required for subsequent performance, such as costs related to transport, work and material, are borne by us.
9. Place of fulfilment and jurisdiction
Place of fulfilment for delivery and payment, and exclusive jurisdiction for all disputes arising from this contract is Lübeck.
10. Miscellaneous:
This contract and all legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the Uniform Law on the International Sale of Goods (CISG).
All agreements made between the parties are in writing in the respectively concluded contract; verbal agreements are invalid. Should parts of these conditions be or become invalid, the validity of the remaining conditions and of the contract will remain unaffected. The parties agree to replace the invalid provision by a legally valid one whose commercial purpose comes closest to the invalid provision.