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The following general terms and conditions apply to all contracts between TDS Rietberg GmbH & Co. KG (hereinafter referred to as TDS Rietberg, we, us) and consumers and/or entrepreneurs. This also applies to orders placed via the TDS Rietberg online store.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
With respect to entrepreneurs, these general terms and conditions shall also apply to future business relations even without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
All offers are not-binding and noncommittal. Contracts (not concluded via the online store) be concluded with our written acceptance of the order or the execution of the delivery by us.
Contracts concluded via our online store shall come into effect between the customer and TDS Rietberg.
The presentation of the products in our online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. At the end of the ordering process, you will receive a summary of the products with the total price including VAT. By clicking on the order button (“Buy now”), you place a binding offer for the goods contained in the shopping cart. A confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted. Such confirmation of receipt does not yet constitute acceptance of the buyer’s offer.
The date on which the contract with us is concluded depends on the method of payment you have chosen:
Prepayment (bank transfer)
Your offer will be accepted by us by sending a confirmation of acceptance in a separate e-mail within two days, wherein we will provide you with our bank details.
Purchase on account
If the payment method purchase on account is selected, the contract is concluded by a written acceptance of the offer. The purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days upon receipt of the invoice without deduction, unless otherwise agreed. TDS Rietberg reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, TDS Rietberg will inform the customer of a corresponding payment restriction in his payment information in the online store. In case of purchase on account, TDS Rietberg reserves the right to check the creditworthiness of the customer.
Credit card
Upon submitting your order, you will provide us with your credit card details. After your legitimation as a legitimate cardholder, your offer will be accepted by initiating the payment transaction.
PayPal
Upon submitting your offer, you will be redirected to the website of the online payment provider PayPal. On this page, you can enter your payment details and confirm the payment instruction to PayPal. After submitting the offer in the store, we will request PayPal to initiate the payment transaction and thereby accept your offer.
Regardless of the payment method, a contract shall only be concluded if you have accepted these contractual terms and made them part of the contract by clicking on the corresponding button.
The delivery times provided by us shall only be binding if expressly confirmed as binding.
Our compliance with delivery periods and dates shall be subject to the timely and complete fulfillment of the customer’s contractual obligations. In particular, in the event of changes to technical documentation already in progress for which the purchaser is responsible, the originally stated delivery date shall no longer be valid.
Our delivery obligation is subject to complete, correct and timely delivery by our own suppliers, insofar as we procure the goods as a whole or components of the goods from a sub-supplier. This does not apply if the non-delivery or delay is due to our fault. No cancellation of the entire order can be derived from the change of the delivery date due to the aforementioned reasons. The stated periods shall begin on the date of the acceptance of the order, but not before all circumstances of the delivery have been clarified.
We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, epidemics, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the absence, incorrect or untimely delivery by suppliers) at our premises or those of our subcontractors for which we are not responsible.
The prices shall be understood with the agreed freight basis excluding packaging plus the respectively valid value added tax. Payments shall be due within 10 days of the invoice date without any deductions, unless expressly agreed otherwise. The buyer shall have no rights of retention. He shall only be entitled to set-off if the counterclaims have been acknowledged by us in writing or have been determined to be legally valid. He shall be entitled to set off only if the set-offs have been recognised by us or judged to be effective. We hereby retain the right to charge interest on arrears at a rate of 3% above the discount rate of the German Federal Bank applicable at the time. Cheques are accepted on account of performance only on the basis of special agreements. All costs incurred in this connection shall be borne by the purchaser. Payments by cheque will be considered as having been made only at the time at which the counter value is at our free disposal.
If the buyer fails to comply with the agreed terms of payment or if, after the contract has come into effect, circumstances come to our knowledge which allow the conclusion that the buyer does not have the credit rating we had assumed at the time of coming into effect of the contract, all outstanding accounts shall become promptly and fully due and payable. We shall be entitled to make any deliveries and services still to be performed against advance payment only. If buyer is in default, we shall be entitled to withdraw from the contract without granting a respite or to claim damages for non-performance.
Shipment shall be in all cases at buyer’s risk. Risk will pass to buyer at the moment the goods are dispatched from our premises and are handed over to the carrier. The risk of accidental loss and accidental deterioration shall pass to Buyer as soon as we have delivered the goods to the carrier, freight forwarder or any other person or institution designated to carry out the shipment.
Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as regulated therein, the physical goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
To ensure claims for compensation, damage must be certified before acceptance of the shipment. The goods will be packed at our discretion and charged at most reasonable prices.
We have sole ownership and proprietary rights (i.e. copyright) to all drawings, technical documents etc., unless this has been explicity agreed otherwise. Documentation in our ownership or under our property right must be returned upon request. They may neither be made accessible to third parties nor transferred without our permission. We shall not be obliged to check the legality of any design drawings, samples, documentation. The party providing the documents shall guarantee us that the property rights of third parties have not been infringed. He hereby undertakes to indemnify us against any liability in the event that such rights have been infringed. We shall not be liable for damage or for the loss of goods, drawings and documentations made available to us.
In particular, technical documentary may not be resold, rented or leased, unless this has been expressly agreed in writing.
The regular work time of our assemblers is 7.75 h. In general our assemblers travel by motor vehicle. The daily costs shall be charged for each day at the installation site, also for the saturdays, sundays and public holidays, that are part of the overall assembly on which nowork is done. Our assemblers are entitled to have a weekend trip home every 14 days. The travel costs, the hourly remuneration and the daily costs for the travel time are at the expense of the customer. Agreements made by telephone for assembly work must always be confirmed in writing. Assembly shall not commence until all delivery parts are at the assembly site and the assembly site has been suitably prepared for assembly. The customer is obliged to ensure appropriate working conditions, whereby existing safety regulations for the safety of the workplace are to be observed. Our services shall exclusively cover assembly , commissioning and maintenance, etc. The customer bears the responsibility for the load-bearing capacity of the subsurface on which the delivery item is to be installed. The customer must provide appropriate lifting equipment free of charge, to move the heavier parts. Upon request, an assembly helper shall also be provided free of charge. Delays or interruptions at the assembly site for which we are not responsible, require additional travel and waiting time. The costs for this are borne by the customer. The work performed by our assemblers shall be certified on the assembly receipts. The assembled plant shall be deemed to have been accepted at the time of commissioning.
Insofar as not expressly agreed otherwise below, the statutory warranty law shall apply to consumers.
In the event that a product is defective, we shall fulfill the warranty rights vis-à-vis entrepreneurs initially, at our discretion, by remedying the defect (rectification) or by delivering a defect-free item (replacement). For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk.
These limitations and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
The statutory limitation periods for the right of recourse according to § 478 BGB shall remain unaffected.
Should changes be made to our documents or products, all warranty rights shall expire.
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
In the event of a breach of essential contractual obligations, the fulfillment of which is a condition precedent to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Apart from that, claims for damages are excluded.
To the extent that our online store offers the possibility of forwarding to databases, websites, services, etc. to third parties, e.g. by setting links or hyperlinks, TDS Rietberg is neither liable for accessibility, existence or security of these databases or services, nor for the content of the same. In particular, TDS Rietberg is not liable for their legality, correctness of content, completeness, up-to-dateness, etc.
We shall not be liable for our documentation in the event that the associated product is subsequently modified in such a way that the content of our documentation becomes incorrect. The product customer shall also indemnify us in this case against any claims by third parties, irrespective of the legal grounds on which they are asserted.
If, in the case of contract work, parts or documentation are provided by the customer, we shall only be obliged to inspect these parts or documentation if this has been expressly agreed in writing. If delivered parts become unusable as a result of force majeure or other circumstances for which we are not responsible, no claim against us for free replacement delivery or reimbursement of other costs can be derived from this.
We retain title to physical goods until payment has been made in full.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell physical goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
For entrepreneurs, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
Place of performance for delivery and payment is the place of our registered office.
nsofar as parts of the terms and conditions are invalid due to statutory provisions, in particular the law regulating the law on general terms and conditions (AGB Act), it is agreed that invalid parts of the terms and conditions shall be replaced by legally permissible provisions, in particular the terms and conditions provided for in the AGB Act for the respective circumstances. This shall apply in particular to transactions with non-merchants.
Any conditions contrary to our General Terms and Conditions shall not be valid. The German version shall prevail.
TDS Rietberg
GmbH & Co. KG
Brüningsweg 23
33397 Rietberg
Tel.: +49 5244 975 99 0
Fax: +49 5244 975 99 99
TDS Rietberg
GmbH & Co. KG
Brüningsweg 23
33397 Rietberg
Tel.: +49 5244 98 85 – 30
Fax: +49 5244 98 85 – 32
