GENERAL TERMS AND CONDITIONS

§ 1 Scope of application and provider/basic provisions

(1) The following terms and conditions apply to all contracts between the provider

ABTEC GmbH, Prof.-Brunolf-Baade-Straße 2, 14974 Ludwigsfelde, Managing Director: Patrick Jeschonnek,

and the customer, which are concluded via the provider's online store under the domain www.brandschutzgrosshandel.com.

(2) The offer of goods is aimed exclusively at buyers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of § 14 paragraph 1 BGB and who are acting as entrepreneurs in the exercise of their commercial or independent professional activity when concluding the legal transaction. By placing an order, you confirm that the transaction is being concluded in the exercise of your commercial or independent professional activity. The conclusion of a contract with consumers is excluded.

(3) Our contracts are concluded exclusively on the basis of these General Terms and Conditions. The Terms and Conditions shall also apply to entrepreneurs even if they have not been expressly agreed again in future business relationships. The inclusion of deviating or conflicting terms and conditions of our customers that contradict the general terms and conditions of the supplier is hereby rejected. Deviating or conflicting terms and conditions of the customer can only be effectively included with the express consent of the supplier.

(4) The contract language is German

(5) The customer can call up and print out the current General Terms and Conditions on the domain www.brandschutzgrosshandel.com.

§ 2 Subject matter of the contract

The object of the contract is the sale of goods. Services are not offered via the online store. The customer can find the essential features of the products offered in the item description and the supplementary information on the provider's domain.

§ 3 Conclusion of the contract

(1) The offers on the domain of www.brandschutzgrosshandel.com are non-binding and do not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to submit a binding purchase offer in the online store.

(2) When an offer to conclude a purchase contract is made, the goods intended for purchase are placed in the online shopping cart. The customer can call up the shopping cart at any time and make changes. The customer therefore has the opportunity to check the details again before sending the order, to make changes or to cancel the submission of a purchase offer.

(3) The submission of a binding purchase offer in accordance with Section 145 of the German Civil Code (BGB) comes into effect after completing the order form and clicking on the “Order with obligation to pay” button provided for the submission of the order on the corresponding button of the online store system.

(4) After receipt of your purchase offer, you will receive an automatically generated email confirming receipt of the order. The receipt of this email is not yet an acceptance of your purchase offer, so that no contract is concluded.

(5) The acceptance of the purchase offer by the provider is made by express acceptance in text form by sending an email, so that the purchase contract for the goods is only then concluded. The content of our declaration of acceptance is decisive for the scope of the purchase contract. If an item from the order placed is not available, we reserve the right to make a partial delivery of the available items.

§ 4 Shipping and packaging of the goods

The shipping route and means are at the discretion of the supplier. The packaging of the goods is always based on production and transportation aspects. Special agreements on the shipping route, the means of shipment and the packaging shall only apply if they are confirmed by the supplier. The calculation is usually based on the weight and volume specifications of the logistics partner.

§ 5 Offsetting/right of retention

(1) The customer shall only have a right of set-off if the counterclaim is undisputed by the provider or has been legally established.

(2) A right of retention can only be exercised if the counterclaim is based on the same contractual relationship.

§ 6 Delivery

(1) The goods shall be delivered from our warehouse to the delivery address specified by the customer.

(2) Delivery dates and delivery periods are only binding if they have been confirmed in writing by the supplier. The supplier usually delivers the goods within a few working days after acceptance of the order. In individual cases and for special items, however, the delivery period may be up to 04 calendar weeks.

(3) The delivery period shall be extended in the event of all obstacles of force majeure, such as natural disasters and strikes, for which the supplier is not responsible and which were not foreseeable at the time the contract was concluded, if and insofar as these obstacles demonstrably have a significant influence on the planned delivery. The customer shall be informed immediately of the beginning and end of such hindrances. The customer then has the right to demand an explanation from the provider as to whether the provider can provide the service within a reasonable period of time. If this is not the case, the customer has the right to withdraw from the contract.

(4) Shipment shall be at the customer's risk. Appropriate transport insurance is provided by the respective logistics partner. The insurance does not result in additional costs for the customer.

(5) The supplier may make partial deliveries, which may be invoiced by the supplier independently, whereby the customer may not be charged with additional costs for shipping.

(6) If, contrary to expectations, an article ordered by the customer is not available after acceptance of the order for a reason for which the supplier is not responsible, the customer shall be informed immediately of the lack of availability. The customer is then entitled to withdraw from the purchase contract. Any payments already made will be refunded by the supplier without delay.

(7) If the recipient issues a drop-off authorization to the shipping service provider GLS, the consignment is deemed to have been duly delivered when it is dropped off at the location specified therein. From this point in time, we accept no liability for loss, theft or damage to the goods; in such a case, a complaint is excluded.

§ 7 Prices, terms of payment, shipping costs and default

(1) The prices stated in the online store on the domain www.brandschutzgrosshandel.com are net prices. They do not include the legally applicable value added tax and other price components.

(2) The shipping costs incurred with regard to packaging, freight and other shipping costs are not included in the purchase price and will be charged separately, unless the provider has expressly promised delivery free of shipping costs. Further details on the shipping costs can be found on the right-hand side of each store page, currently domestic shipping costs € 6.93, international € 15.00.

(3) We offer the following payment options:

Prepayment, invoice after delivery.

(4) We reserve the right to insist on payment in advance for first-time orders.

(5) Payment by invoice is only possible for first-time customers if the billing and delivery addresses are identical. If the delivery and invoice addresses differ for first-time customers, only the prepayment payment method is possible. First-time customers who have to pay in advance will be granted a discount of 2%. The discount will be shown on the invoice..

(6) In the case of an advance payment order, we will inform you of our bank details in the order confirmation. The invoice amount must be transferred to our account within 7 days of receipt of the order confirmation. The goods will only be dispatched after receipt of the full invoice amount. If items cannot be delivered, they will be delivered subsequently or the price will be refunded.

(7) Agreements on the granting of rebates and discounts must be expressly agreed, with the exception of the granting of discounts in accordance with § 6 clause (5) of our terms and conditions. A discount deduction is only permissible if the discount is expressly stated in the invoice. Special conditions agreed with existing customers shall remain valid.

(8) Any agreements to defer payment must be expressly agreed. Offsetting against our claims is only permitted with undisputed or legally established counterclaims.

(9) Invoices to the customer shall generally be issued by email. The invoice shall be made available to the customer in a printable form. Any other method of sending the invoice, e.g. by post, must be expressly agreed. The customer must ensure that the email address provided by him to the provider is correct and that the receipt of emails is technically ensured. In particular, the customer must ensure that the receipt of emails is not prevented by SPAM filters or in any other way.

(10) If the customer is in arrears with a payment, the customer is obliged to pay the statutory default interest of 9% above the base interest rate. In addition, the customer is entitled to payment of a lump sum for late payment in the amount of €40.00. The right to claim further damages remains reserved.

(11) Fees may be charged for transfers from abroad. These fees shall be borne by the customer and shall be invoiced by us if we are charged such fees by our bank.

(12) We reserve the right to carry out a credit check via Schufa, Creditreform or another credit agency. We also reserve the right to deliver only in the case of advance payment or other payment terms to be agreed separately with the customer.

§ 8 Retention of title

(1) The delivered goods shall remain the property of the supplier until the customer's existing claims against the supplier have been settled in full (retention of title). The delivered goods may not be assigned or pledged to third parties as security before full payment has been made. The customer must inform the supplier immediately, stating the details, if the goods belonging to the supplier are seized by third parties (e.g. attachment).

(2) The customer is only and exclusively entitled to resell the goods in the ordinary course of business. In this case, the customer assigns his claim from the resale to the supplier in the amount of the invoice amount arising from the resale. The supplier hereby accepts the assignment. This assignment shall apply irrespective of whether the purchased item is resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The authority of the provider to collect the claim himself remains unaffected. However, the provider will not collect the claim as long as the customer meets his payment obligations to the provider, is not in default of payment, in particular no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If you do not meet your payment obligations, we reserve the right to collect claims ourselves. If this is the case, the provider can demand that the customer informs him of the assigned claims and their debtors including addresses, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.

(3) If the reserved goods are combined and mixed, the supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(4) The supplier undertakes to release the securities to which he is entitled on request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on the supplier.

§ 9 Warranty

(1) The warranty period is one year from delivery of the goods. This one-year limitation does not apply to culpably caused damage attributable to the supplier resulting from injury to life, body or health and grossly negligent or intentionally caused damage or fraudulent intent on the part of the supplier, as well as in the case of recourse claims under §§ 478, 479 BGB.

(2) The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report obvious defects in the goods in writing immediately upon receipt. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects by the customer. The goods are to be left in the condition in which they were received by the customer, especially in the case of transport damage.

(3) In the event of defects, the supplier shall, at his discretion, provide warranty by repair or replacement. If the rectification of defects fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the supplier does not have to bear the costs arising from the transportation of the goods to a place other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

§ 10 Liability

(1) The provider shall be liable without limitation for damages resulting from injury to life, body or health in all cases of intent and gross negligence, in the event of damages under the Product Liability Act and in all other cases regulated by law.

(2) In the event of slight negligence, the provider shall only be liable in the event of a breach of essential contractual obligations which arise from the nature of the contract and the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer could regularly rely (so-called cardinal obligations). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the provider's vicarious agents.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The provider is therefore not liable for the constant or uninterrupted availability of the domain and the services offered there

§ 11 Voluntary right of return:

In principle, there is no entitlement to return the goods outside the liability for defects or other statutory rights to rescind the contract. If we voluntarily agree to a return outside of legal obligations in exceptional cases, this will take place under the following conditions:
1. the return of new, unfinished goods will be accepted if the delivery was no more than seven days ago.
2. our delivery bill or a copy of it must be enclosed with the return. Returns without these documents cannot be processed. If goods from several deliveries are returned together, the goods must be divided within the consignment in such a way that they can be clearly assigned to the respective original delivery.
3. please send us the goods at your own expense with the return slip(s). In this case, after processing the return, you will receive a credit note for the value of the goods less 20% handling costs, but at least less EUR 15.00 per original delivery. You shall bear the costs of the return shipment in any case.

§ 12 Final provisions incl. choice of law, place of performance, place of jurisdiction

Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

Contracts between the customer and the provider shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to foreign transactions or with customers who have their place of business abroad.

The place of fulfillment is the registered office of the provider.

If the customer is a merchant, a legal entity under public law or a special fund under public law or has its place of residence or business outside Germany, the place of jurisdiction shall be the registered office of the provider.

Status: April 2018

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