T&C for traders
1. validity of the conditions
Our shop offer is aimed exclusively at commercial customers and independent traders. Deliveries, services and offers are made by us exclusively on the basis of these terms and conditions. They shall also apply to future transactions within current business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted at the latest upon acceptance of the goods or services. Counter-confirmations by the customer with reference to his terms and conditions of business or purchase are hereby rejected unless we have expressly agreed to them in writing.
2. offer and conclusion of contract
Our offers are subject to change. The contract shall be deemed concluded when we accept your order in writing or dispatch the goods. We reserve the right of prior sale. Our prices are net prices and do not include the statutory value-added tax.
3.1 Payments by the buyer must be received by us in advance within 7 days of acceptance of the order, unless otherwise agreed.
3.2 Default in payment shall occur 7 days after receipt of the request for payment. In the event of default, interest on arrears shall be charged at a rate of 7% above the applicable base rate of the European Central Bank. In the event of default in payment, the seller has the right to sell the reserved goods elsewhere.
3.3 The customer shall be obliged to credit any payments made by him first against his oldest liability. Any provision to the contrary made by the customer shall be invalid. If costs and interest have already accrued, the customer shall have the payment credited first to the costs, then to the interest and finally to the main performance.
3.4 A right of retention of the buyer or offsetting of the buyer with counterclaims is excluded, unless the counterclaim of the buyer is not disputed or has been legally established.
4.1 We deliver ex our warehouse. The transfer of risk shall take place from the time of handover to the carrier.
4.2 Dates and delivery periods are non-binding unless expressly agreed otherwise in writing.
4.3 Transport damage must be reported to us immediately, at the latest within 24 hours.
In the event of obvious transport damage, written confirmation by the carrier/parcel service driver is mandatory. The buyer must inspect the goods immediately upon receipt. Complaints (production errors, shortages, incorrect deliveries, etc.) must be made in writing immediately, at the latest within 5 working days of receipt of the goods, but in any case before resale, destruction or disposal. In any case, we shall have the right to rectify the defect or to make a replacement delivery and to take back the rejected goods.
4.4 Delays in delivery and performance due to force majeure and due to other unforeseeable events which make delivery considerably more difficult for us and for which we are not responsible shall entitle us to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. The delivery period shall also be extended by the period of time by which the buyer is in default with the fulfilment of his contractual obligations. We are entitled to make partial deliveries and render partial services. In the case of delivery contracts, each partial delivery and partial performance shall be deemed to be an independent performance. 5. retention of title 5.1 The delivered goods remain our property until full payment of all claims including any interest. 5.2 We shall be entitled to demand the return of the goods to which we retain title at any time if the buyer is in default. 5.3 The buyer must inform us immediately of any access by third parties to the goods which are our property. 5.4 Transfer of ownership by way of security, sale by way of security, pledging and other dispositions of the goods owned by us require our consent. 6 Warranty and liability 6.1 In the event of a warranty claim, the rights of the buyer shall initially be limited to rectification of the defect or to free-of-charge replacement delivery against return of the rejected delivery. Only in the event of failure of the rectification or replacement delivery shall the buyer be entitled to reduce the purchase price or to withdraw from the contract at his discretion. 6.2 Warranty claims do not exist if the buyer has made or arranged for changes to the goods without our prior consent. 6.3 Only the direct purchaser is entitled to warranty claims and these are not assignable. 6.4 Warranty claims of the buyer presuppose that he has duly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with §§ 377 HGB (German Commercial Code). Insofar as there is a defect in the purchased item for which we are responsible, we shall be entitled to choose between rectification of the defect and replacement delivery. In the case of rectification of defects and replacement delivery, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If we are not prepared or not in a position to remedy the defect/replace the delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the remedy of the defect/replace the delivery fails in any other way, the customer shall be entitled to demand rescission or a reduction in price at his discretion.
6.5 The liability of the seller, for whatever reason, is limited to the amount of the purchase price. Insofar as nothing to the contrary is stated below, further claims of the purchaser – irrespective of the legal grounds – are excluded. We are therefore not liable for damages that have not occurred to the delivery item itself; in particular, we are not liable for loss of profit or other financial losses of the purchaser. The above exemption from liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer is entitled to claim damages due to the absence of a guaranteed quality of the goods. Finally, it does not apply if personal injury has occurred or claims exist under the Product Liability Act. Contractual claims of the customer for delivery of defective goods shall become statute-barred within one year after delivery. The provision of § 479 para. 2 BGB remains unaffected. The shortening of the limitation period shall not apply in such cases in which we have unlimited liability under these terms and conditions.
7.1 We always charge 100% of the order amount for goods that have been modified and customised for the customer.berechnen wir stets 100% der Auftragssumme.
7.2 Returns of defect-free and originally packaged consignments are generally excluded and will not be accepted by us for credit, unless the return is made with our prior consent and subject to a processing fee of 10% of the value of the goods. The return shipment must be made free of charge for us (“free domicile”), in its original packaging and in perfect condition. Returns will only be accepted with our written consent.
7.3 Sample shipments are always made against payment and will not be taken back.
8. Applicable law, partial invalidity
8.1 Transfers of rights and obligations of the buyer from the contract concluded with us require our written consent to be effective. 8.2 The possible invalidity of individual conditions shall not affect the validity of the remaining conditions. 8.3 Orders and deliveries shall be governed exclusively by German law to the exclusion of the laws on the international sale of movable goods, even if the transactions are carried out abroad and/or the buyer has its registered office abroad. 8.4 The place of performance for all services and the place of jurisdiction is Cologne.
9. visual material
9.1 EIGENart by Brüssel Steel GmbH will provide you with images of the products on request. The image rights always remain the property of Brüssel Steel GmbH and their use may be prohibited by Brüssel Steel GmbH at any time without justification. The image rights may not be transferred to third parties. Claims for damages arising from the illegal transfer of the image rights shall be borne in full by the party responsible.