General Terms and Conditions of LogBATT GmbH
I. General Terms and Conditions
§ 1 Validity
(1) These General Terms and Conditions ("GTC") contain the exclusively applicable terms and conditions between you and us, LogBATT GmbH, Waldstraße 30, 73773 Aichwald, for all contracts, deliveries, services and offers concluded between you and us. These GTC are an integral part of all contracts that we conclude with you for the deliveries or services offered by us. These GTC shall only apply if you are an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
(2) General terms and conditions of business of you or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter that contains or refers to general terms and conditions of business of you or a third party, this shall not constitute an agreement to the validity of your general terms and conditions of business.
(3) Unless otherwise agreed, these General Terms and Conditions in the version valid at the time of your order or in any case in the version last notified to you in text form shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.
§ 2 Offer and conclusion of contract
(1) The presentation of our goods on our homepage www.logbatt.de, in our online store at www.logbatt-shop,de, in our catalogs or our other advertising media does not constitute a binding offer on our part. You submit a binding offer with your order to us.
(2) A contract between you and us will only be concluded with the issuance of an explicit separate declaration of acceptance by us, which will be made within five working days by fax, e-mail or in writing.
(3) With the exception of the managing directors, our employees are not authorized to make any agreements that deviate from these GTC.
(4) Our information on the object of the delivery or service (e.g. weights, dimensions, tolerances and technical data) as well as our representations of the same (e.g. illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match. They are not promised characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not impair the usability for the contractually intended purpose.
(5) Our products may only be handled by personnel trained by us. With the sale of a SafetyBATTbox, the customer acquires free online training for one person. The training of additional persons is subject to a charge.
(6) We retain ownership and/or rights of use to all offers and cost estimates submitted by us as well as illustrations, calculations, brochures, catalogs, models and other documents and aids made available to you. You may not make these documents and items available to third parties, either as such or in terms of content, disclose them, use them yourself or have them used or reproduced by third parties without our express consent. At our request, you shall return these items to us in full and destroy any copies made if they are no longer required by you in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
§ 3 Prices and payment
(1) The prices shall apply to the scope of services and deliveries specified in the order confirmations. Prices are quoted in EURO ex works plus packaging, statutory value added tax, in the case of export deliveries customs duties as well as fees and other public charges.
(2) Invoice amounts are to be paid within the agreed payment period. The date of receipt by us shall be decisive for the date of payment.
(3) In the event of default in payment, you shall pay interest on arrears at a rate of 9 (nine) percentage points above the respective base interest rate per annum. Furthermore, we may charge a lump sum in the amount of 40 euros. We reserve the right to claim higher interest and/or further damages. The lump sum according to sentence 2 shall be credited against any damages owed, insofar as the damage is due to costs of legal prosecution. With respect to merchants, our claim to the commercial due date interest (§ 353 HGB) shall remain unaffected.
(4) We shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, we become aware of circumstances which are likely to substantially reduce your creditworthiness and as a result of which payment of our outstanding claims by you under the respective contractual relationship is jeopardized.
§ 4 Delivery and delivery time
(1) Deliveries by us shall be ex works. Upon your request and at your expense, we shall ship the goods to another destination. Unless otherwise agreed, we shall be entitled to determine the type of shipment (in particular transport company, shipping route and packaging) ourselves.
(2) The delivery period shall be agreed individually or specified by us upon acceptance of the order. If shipment has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or any other third party entrusted with the transport.
(3) Compliance with our delivery obligation is subject to the timely and proper fulfillment of your obligations. We reserve the right to plead non-performance of the contract.
(4) If ordered goods are not available because we are not supplied by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will inform you of this without delay and reimburse any performance already rendered without delay.
(5) Your claims for damages or reimbursement of futile expenses in the event of delayed delivery or impossibility shall be subject to § 7.
§ 5 Fulfilment, Dispatch, Packaging, Transfer of Risk, Acceptance
(1) Place of performance for all obligations arising from the contractual relationship is Kirchheim/Teck, unless otherwise specified.
(2) The mode of shipment and packaging shall be at our discretion.
(3) The risk shall pass to you at the latest when the delivery item is handed over to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or if we have assumed other services (e.g. shipping).
(4) Storage costs shall be borne by you if you are in default.
(5) We shall insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks only at your express request and at your expense.
§ 6 Warranty
(1) The statutory provisions shall apply to your rights in the event of material defects and defects of title (including wrong delivery and short delivery), unless otherwise stipulated in the following. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the goods to a consumer.
(2) The basis of our liability for defects is above all our agreement on the quality of the goods. Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether or not there is a defect.
(3) Insofar as a bilateral commercial transaction exists, your claims for defects presuppose that you have complied with your statutory obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). If a defect becomes apparent during the inspection of the purchased goods or at a later date, we must be notified thereof in writing without delay, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you shall notify us in writing without delay of any obvious defects (including wrong delivery and short delivery), whereby timely dispatch of the notice shall also suffice to comply with the time limit. If you fail to duly inspect the goods and/or notify us of defects, we shall not be liable for the defect not notified.
(4) If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement).
(5) We shall be entitled to make the subsequent performance owed dependent on you having paid the purchase price due. However, you shall be entitled to retain a part of the purchase price that is reasonable in relation to the defect.
(6) You shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, you shall return the defective item to us in accordance with the statutory provisions.
(7) We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, if a defect is actually present. However, if your request to remedy the defect turns out to be unjustified, we may demand reimbursement from you of the resulting costs.
(8) Your claims for damages or reimbursement of futile expenses shall only exist in accordance with § 7 and shall otherwise be excluded.
(9) In case of non-compliance with the instructions for use and the respective specification of the Federal Institute for Materials Research and Testing (BAM), the use as transport or storage container for defective batteries is prohibited.
§ 7 Other liability
We shall be liable - irrespective of the legal grounds - for damages or for reimbursement of futile expenses in accordance with the following provisions in paragraphs 1 to 5.
(1) Insofar as nothing to the contrary arises from these General Terms and Conditions including the provisions of this § 7, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We shall be liable for damages in the event of intent or gross negligence. In the event of simple negligence, we shall only be liable
- a) for damages resulting from injury to life, body or health,
- b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you may regularly rely and trust); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from para. 2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods as well as in the case of liability under the Product Liability Act.
(4) The provisions of this § 7 shall apply accordingly to the reimbursement of futile expenses.
(5) Insofar as our liability for damages is excluded or limited, this shall also apply to the personal liability for damages of our legal representatives and vicarious agents.
§ 8 Statute of Limitations
(1) The limitation period for claims arising from material defects and/or defects of title shall be one year from delivery. If acceptance has been agreed, the limitation period shall commence upon acceptance.
(2) Special statutory provisions shall remain unaffected for claims for surrender in rem of third parties, for fraudulent intent of the Seller, for claims in supplier recourse in the case of final delivery to a consumer and for claims for injury to life, body or health.
(3) The above limitation periods of the law on sales shall also apply to your contractual and non-contractual claims for damages based on a defect of the goods, unless the application of the regular statutory limitation period would lead to a shorter limitation period in individual cases. The limitation periods of the Product Liability Act shall remain unaffected in any case.
(4) Otherwise, the statutory limitation periods shall apply exclusively to the Purchaser's claims for damages pursuant to § 7.
§ 9 Retention of title
(1) We retain title to the purchased item until receipt of all payments under the delivery contract. In the event of any breach of contract on your part, in particular in the event of default in payment, we shall be entitled to take back the object of sale. Our taking back of the purchased goods shall constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realize it; the proceeds of realization shall be credited against your liabilities to us - less reasonable costs of realization.
(2) In the event of seizures or other interventions by third parties, you must notify us immediately in writing.
(3) You shall be entitled to resell the object of sale in the ordinary course of business; you hereby assign to us all claims in the amount of the final invoice amount (including VAT) of our claim accruing to you from the resale against your customers or third parties, irrespective of whether the object of sale has been resold without or after processing. You shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as you meet your payment obligations from the proceeds collected, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that you notify us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
§ 10 Industrial property rights
(1) You acknowledge our property rights to all documents and samples, designs, plans, drawings, molds, models, production documents, production materials and processes, test plans and other know-how information ("Property Rights") provided by us. In this respect, you will neither register property rights yourself nor support third parties in doing so. This shall also apply if we have not yet registered registrable new creations for the corresponding property right.
(2) The transfer or making available of industrial property rights to third parties, in whatever form, shall be prohibited unless we have expressly consented to such transfer in advance.
(3) The use of the name as well as our logos and signs by you requires our express prior written consent.
§ 11 Secrecy
(1) We reserve the property rights and, if applicable, copyrights to illustrations, plans, drawings, calculations, implementation instructions, product descriptions, information and other documents which we make available to you within the scope of an order or its initiation as well as to other objects which we hand over to you (collectively "trade secrets“). Such trade secrets are to be used exclusively for the contractual performance. You undertake to treat as confidential for an unlimited period of time all trade secrets of us or our clients obtained in the course of the initiation and performance of the contract and to use them only as intended for the contractual purpose. The business secrets shall be kept secret from third parties, even after termination of our business relationship. The obligation to maintain secrecy shall only expire if and to the extent that the knowledge contained in the trade secrets has become generally known.
(2) Trade secrets shall be kept separately at your expense until they are returned and shall be secured and insured to a reasonable extent against third party disclosure, destruction and loss.
§ 12 Data Protection; Compliance
(1) You undertake to comply with the statutory provisions on data protection with the due care of a prudent businessman. In particular, you shall take all necessary technical and organizational measures to protect trade secrets against unauthorized access by third parties, loss, damage or duplication in accordance with the state of the art.
(2) You shall instruct all employees in accordance with the relevant provisions of data protection law and commit them in writing to confidentiality. These declarations shall be presented to us upon request.
(3) Within the scope of your compliance, you are obliged to observe the relevant legal national as well as European regulations (in particular environmental protection, occupational health and safety, safety inspection law, regulation on hazardous substances, etc.).
§ 13 Choice of Law and Place of Jurisdiction
(1) If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or the holder of a special fund under public law, if you do not have a general place of jurisdiction in Germany or if you transfer your place of business abroad after conclusion of the contract, the place of jurisdiction for any disputes arising from the business relationship between us and you shall be Kirchheim/Teck. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected.
(2) The relationship between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.
General Terms and Conditions for Consumers
§ 1 Scope of application
(1) The following terms and conditions are an integral part of every contract that is concluded between us, LogBATT GmbH, Waldstraße 30, 73773 Aichwald, and you via our online store.
(2) These terms and conditions only apply if you are a consumer as defined by § 13 BGB (German Civil Code), i.e. if you conclude the transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity.
§ 2 Conclusion of Contract; Delivery
(1) The presentation of our goods on our website www.logbatt-shop.de does not constitute a binding offer on our part. How a contract is concluded, please refer to our customer information.
(2) We deliver only within Germany.
§ 3 Our liability
For our goods, the statutory rights of liability for defects exist, unless otherwise agreed below:
(1) We shall be liable - irrespective of the legal grounds - for damages or reimbursement of futile expenses in accordance with the following provisions under lit. (a) and (b):
(a) In the event of intent or gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment you may regularly rely and trust); in this case, however, our liability shall be limited to compensation for the foreseeable damage typical for the contract.
(b) The liability exclusions resulting from lit. (a) shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the item, for damages resulting from injury to life, limb or health, or in the event of liability under the Product Liability Act.
(2) Insofar as liability towards us is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.
§ 4 Retention of title
The goods remain our property until full payment has been made.
§ 5 Complaint / Online dispute resolution
If you have reason to complain, you can enter your complaint on the website for online dispute resolution provided by the European Commission. Your complaint will then be forwarded to us. To do so, please call up the following link and follow the instructions there: https://ec.europa.eu/consumers/odr/
§ 6 Consumer arbitration
We do not participate in any dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
Status September 2019