General Terms and Conditions of Steppenberg Vertriebs GmbH
§ 1 Validity of the conditions
1. Deliveries, services (including rentals), and offers from Steppenberg Vertriebs GmbH are provided exclusively on the basis of these terms and conditions. These terms and conditions therefore also apply to all future business relationships, even if they are not expressly agreed again; the current version of the terms and conditions shall apply. These terms and conditions are deemed accepted upon placing an order, if applicable, upon signing the delivery note presented by Steppenberg Vertriebs GmbH, its representative, or the freight forwarder commissioned by it, or at the latest upon receipt of the goods or service. Counter-confirmations by the buyer/lessee/lessee referring to their own terms and conditions of business or purchase are hereby rejected; these terms and conditions shall have no effect.
2. Deviations from these Terms and Conditions are only valid if confirmed in writing by Steppenberg Vertriebs GmbH. Waiver of this formal requirement must also be in writing.
§ 2 Offer and conclusion of contract
1. Offers from Steppenberg Vertriebs GmbH are subject to change and non-binding. Consumers will receive an offer including VAT upon request. Steppenberg Vertriebs GmbH is bound to specially prepared offers for a period of 30 days . To be legally effective, the declaration of acceptance and all orders require written or telex confirmation (fax, email, not SMS, WhatsApp or similar short message services or messengers) from Steppenberg Vertriebs GmbH. The same applies to additions, changes, or ancillary agreements. If Rabenring GmbH does not reject acceptance within four weeks of receipt of the order, this confirmation shall be deemed to have been given.
2. The information, colour designations, drawings, illustrations, technical data, weight, dimensions and performance descriptions contained in brochures, online shops, catalogues, circulars, advertisements, price lists or in the documents belonging to the offer are non-binding unless they are expressly designated as binding in the order confirmation.
§ 3 Prices / Payments
1. VAT is shown separately in our order confirmations and invoices. Additional deliveries and services are billed separately.
2. Prices stated in price lists, online shops or catalogues are subject to change without notice and are subject to change at any time without prior notice. This also applies to consumers, who then have a 14-day right of withdrawal from the contract. This does not apply to manufactured goods and cut-to-size items.
3. Unless otherwise agreed, prices are ex works, Am Schlosspark 2, 01471 Radeburg. Shipping is freight collect and at the buyer's/renter's expense, plus a reasonable packaging surcharge. The minimum order quantity is the equivalent of €35.
4. Payment is due in advance. Invoices issued by Steppenberg Vertriebs GmbH are payable without deductions within 8 days of the invoice date.
5. A payment is only considered made when Rabenring GmbH has access to the amount. Payments in alternative currencies, such as Bitcoins, are not accepted.
6. If the buyer/tenant fails to meet their payment obligations, in particular if a check or direct debit is not honored or if they cease payments, or if Steppenberg Vertriebs GmbH becomes aware of other circumstances that call into question the buyer's/tenant's creditworthiness, Steppenberg Vertriebs GmbH is entitled to demand payment of the entire outstanding debt, even if they have accepted checks, direct debits, or bills of exchange. In this case, Steppenberg Vertriebs GmbH is also entitled to demand advance payments or security. If a debt collection agency is engaged, the buyer/tenant must bear Steppenberg Vertriebs GmbH's costs.
7. When using a bank direct debit procedure, the buyer/tenant authorizes Steppenberg Vertriebs GmbH to collect the payments to be made by the buyer/tenant from the account specified by the buyer/tenant. The buyer/tenant is responsible for ensuring sufficient funds in the account. In the event of a returned direct debit, Steppenberg Vertriebs GmbH is entitled to charge the buyer a processing fee of €15.00 in addition to the applicable bank fees, provided the returned direct debit is the buyer's/tenant's responsibility.
8. It is the responsibility of the buyer/tenant to prove that the damage is less than the amount of the claim; Steppenberg Vertriebs GmbH is entitled to prove that the damage is greater and to claim compensation in accordance with these terms and conditions.
9. All payments must be made directly to Steppenberg Vertriebs GmbH. Representatives are not authorized to accept money or other means of payment without written authorization from Steppenberg Vertriebs GmbH.
10. If more than six months elapse between the conclusion of the contract and the agreed and/or actual delivery date, the prices of Steppenberg Vertriebs GmbH valid at the time of delivery or provision shall apply.
11. In the event of non-fulfillment of the contract by the buyer, Steppenberg Vertriebs GmbH is entitled to claim 20% of the purchase price plus the applicable VAT, plus any packaging, freight, and return freight costs incurred, as compensation. The contracting parties remain free to prove lower or higher damages in individual cases.
§ 4 Type of delivery, transfer of risk, transport insurance
1. If the buyer/tenant has not specified a delivery method when concluding the contract, this will be done at the discretion of Steppenberg Vertriebs GmbH.
2. The risk shall pass to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the warehouse of Steppenberg Vertriebs GmbH for the purpose of dispatch.
3. If shipment is delayed at the request of the buyer/lessee or if the buyer/lessee fails to accept the goods, the risk shall pass to the buyer upon notification of readiness for shipment. A further notification of readiness for shipment is not required if the buyer/lessee has refused to accept the goods delivered cash on delivery or otherwise.
4. Steppenberg Vertriebs GmbH is entitled, but not obligated, to insure deliveries in the name and for the account of the buyer/lessee; the costs shall be borne by the buyer/lessee.
5.For consumers, the regulations governing the sale of consumer goods apply .
§ 5 Delivery and performance time
1. The dates and deadlines specified by Steppenberg Vertriebs GmbH are non-binding unless expressly agreed otherwise in writing.
2. Steppenberg Vertriebs GmbH is not responsible for delays in delivery and performance due to force majeure and events that significantly impede or make delivery impossible for Steppenberg Vertriebs GmbH – this includes subsequent difficulties in procuring materials, operational disruptions, strikes, lockouts, staff shortages, lack of transport, official orders, etc., even if they occur at suppliers of Steppenberg Vertriebs GmbH or their subcontractors – even if binding deadlines and dates have been agreed upon. These events entitle Steppenberg Vertriebs GmbH to postpone delivery or performance for the duration of the disruption plus a reasonable start-up time of five days, or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
3. If the hindrance lasts longer than three months, the buyer/tenant shall be entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled.
4. Steppenberg Vertriebs GmbH is entitled to make partial deliveries and partial services at any time.
§ 6 Warranties and Liability
1. If the delivery item is defective or lacks guaranteed properties or becomes damaged within the warranty period due to manufacturing or material defects, Steppenberg Vertriebs GmbH will, at its discretion, replace or repair the item, excluding any other warranty claims by the buyer/lessee.
Deviations in color and texture, even within the same delivery item, are not a defect; the colors in the shop are for orientation purposes only.
A delivery item made predominantly of natural materials may change by up to 20% (length or width) depending on the environment. This is not a defect but is due to the nature of this natural product.
Once the delivered items have been cut, made to measure, or otherwise processed, any complaints are excluded. This also applies to customary commercial applications. Multiple repairs, three times for consumers, are permitted .
2. The warranty period is 12 months for new goods and begins on the date of delivery. For consumers, the statutory provisions governing the purchase of consumer goods apply. The warranty is excluded for used goods.
3. The buyer/renter must inspect the delivery immediately upon arrival for transport damage and immediately notify Steppenberg Vertriebs GmbH of any damage or loss by submitting a report to the freight forwarder/parcel service. Furthermore, obvious defects must be reported to Steppenberg Vertriebs GmbH in writing immediately, but no later than one week after delivery. The defective items must be kept available for inspection by Steppenberg Vertriebs GmbH in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty claims against Steppenberg Vertriebs GmbH.
4.If the operating or maintenance instructions and care instructions of Steppenberg Vertriebs GmbH are not followed, if modifications are made to products, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty will be void.
In the event of notification from the buyer/tenant that the products do not comply with the warranty, Steppenberg Vertriebs GmbH has the right to choose:
a) the defective part is sent to Steppenberg Vertriebs GmbH for repair and subsequent return;
b) the buyer/tenant has the defective part ready and an employee of Steppenberg Vertriebs GmbH is sent to the buyer to carry out the repair.
If the buyer/tenant requests that warranty work be carried out at a location specified by him, Steppenberg Vertriebs GmbH can comply with this request. Parts covered by the warranty will not be charged, while working hours and travel expenses will be paid at Steppenberg Vertriebs GmbH's standard rates.
7. Steppenberg Vertriebs GmbH is available to the buyer, to the best of its knowledge, to provide information and advice regarding the use of its products. However, it shall only be liable in accordance with the following paragraph if a special fee has been agreed for this purpose.
8. Claims for damages arising from impossibility of performance, non-fulfillment, negligence in the conclusion of the contract, tortious acts, and all other possible grounds for claims are excluded against Steppenberg Vertriebs GmbH and its vicarious agents, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages arising from warranties of quality intended to protect the buyer against the risk of consequential damages.
9. The above limitation of liability shall not apply to the extent that the Product Liability Act applies.
§ 7 Retention of title
1. Until all claims (including all balance claims from current accounts) to which Steppenberg Vertriebs GmbH is entitled against the buyer now or in the future for any legal reason have been settled, Steppenberg Vertriebs GmbH will be granted the following securities, which it will release at its discretion upon request, provided that their value exceeds the claims by more than 20% on a sustained basis.
2. The goods remain the property of Steppenberg Vertriebs GmbH. Processing or transformation is always carried out for Steppenberg Vertriebs GmbH as the manufacturer, but without obligation for it. If the (co-)ownership of Steppenberg Vertriebs GmbH expires through combination, it is hereby agreed that Steppenberg Vertriebs GmbH's (co-)ownership of the unified item shall pass to Steppenberg Vertriebs GmbH in proportion to its value (invoice value). The buyer/lessee shall keep Steppenberg Vertriebs GmbH's (co-)ownership free of charge. Goods to which Steppenberg Vertriebs GmbH has (co-)ownership are hereinafter referred to as reserved goods. As a precautionary measure, the goods delivered to the buyer by Steppenberg Vertriebs GmbH are also assigned as security; transfer is replaced by the buyer/lessee keeping these items in safe custody for Steppenberg Vertriebs GmbH free of charge.
3. The buyer/lessee is entitled to process and sell the reserved goods in the ordinary course of business as long as they are not in default. Pledging or transferring ownership by way of security is not permitted under any circumstances. The buyer/lessee hereby assigns in full to Steppenberg Vertriebs GmbH, as security, any claims arising from the resale or any other legal grounds (insurance, tort) relating to the reserved goods (including all balance claims from current accounts). Rabenring GmbH revocably authorizes the buyer/lessee to collect the claims assigned to Steppenberg Vertriebs GmbH for its own account and in its own name. This collection authorization may be revoked if the buyer/lessee fails to properly fulfill its payment obligations.
4. In the event of third parties accessing the reserved goods, the buyer/tenant will point out that they are the property of Steppenberg Vertriebs GmbH and notify the latter immediately.
5. In the event of breach of contract by the buyer/lessee – in particular, default in payment – Steppenberg Vertriebs GmbH is entitled to repossess the reserved goods or, if necessary, demand the assignment of the buyer's/lessee's claims for return against third parties. The repossessment or seizure of the reserved goods by Steppenberg Vertriebs GmbH does not constitute a withdrawal from the contract – unless the Installment Purchase Act applies.
§ 8 Rent
When renting delivery items, the following additional terms and conditions apply. The renter is obligated to return the rental items undamaged to Steppenberg Vertriebs GmbH at the end of the rental period. If collection after the end of the rental period has been agreed, the renter must have the delivery item ready for collection and ready to load. If there are numerous delivery items, the final count and damage assessment will take place on the premises of Steppenberg Vertriebs GmbH. Lost delivery items will be charged to the renter at the replacement value to Steppenberg Vertriebs GmbH. The renter is liable for any damage to or loss of the delivery items until they are actually returned to Steppenberg Vertriebs GmbH.
In the case of undetected damage caused by the tenant, the above limitation of liability does not apply.
§ 9 Applicable law, place of jurisdiction, partial invalidity, data protection
1. These Terms and Conditions and the entire legal relationship between Seller and Buyer are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is excluded. German shall be the language of negotiations and contracts. The place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship shall, to the extent permissible, be Dresden, Germany.
2. Should any provision in these Terms and Conditions or any provision in other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
Note according to Section 36 VSBG: Steppenberg Vertriebs GmbH is fundamentally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
3. Agreements on data protection are set out in the Data Protection Policy.
Radeburg, March 26, 2018