Terms and Conditions Re -Seller

Terms and Conditions (GTC)

§ 1 scope

1. The following general terms and conditions (AGB) apply to all business relationships between Outbacker and the customer, provided the customer is an entrepreneur within the meaning of § 14 BGB.

Entrepreneurs are natural or legal persons or legal partnerships with which business relationships are entered and who act in the exercise of a commercial or self -constant professional activity.

2. Deviating, conflicting or complementary general terms and conditions are not part of the contract even if you know, unless its validity was confirmed in writing by the Outbacker I Christin Beyer

3. Legal explanations and advertisements that must be submitted to us after the conclusion of the contract (e.g. deadline for deadline, defects, explanations of withdrawal or reduction) require their effectiveness of the written form.

§ 2 Contract conclusion

1. Our offers are free, errors are reserved.

2. The handover of catalogs, other product descriptions or documents- also in electronic form- from Outbacker to the customer is only a request to submit an offer. The order of the goods by the customer is considered a binding offer at the end of a Contract.

3. Outbacker will immediately confirm the access of the order. However, the confirmation of access does not yet represent a binding contract. However, the confirmation of access can be associated with the declaration of acceptance.

4. The contract is then accepted by the written order confirmation or by delivering the goods to the customer.

5. Outbacker is entitled to reject the contract acceptance -Twa after checking the creditworthiness of the customer.

6. It becomes apparent after the contract has been concluded that the claim of the Outbacker the purchase price is endangered by the lack of the performance of the customer (e.g. the application to open insolvency proceedings), then the Outbacker authorized according to the legal provisions on the refusal of performance and to withdraw from the contract (§ 321 BGB). In the case of contracts for the production of goods according to customer requirements, the Outbacker. The resignation immediately declared that the legal regulations on the dispute of the deadline remain unaffected.

7. The contract is concluded under the reservation, not correct or not properly delivered in the event of no correct or not proper delivery. In the event of non -availability or the only partial availability of the service, the customer will be informed immediately. The consideration will be reimbursed immediately.

§ 3 payment terms

1. The customer can pay the purchase price by cash on delivery or invoice. Outbacker reserves the right to exclude individual payment methods.

2. When buying on account, the goods are delivered only against prepayment, unless something else has been agreed in writing.

3. The invoice date is therefore not necessarily the date of delivery. The purchase price is due within 10 days of invoicing. At the end of this payment period, the customer is in arrears. The cash debt must be paid about 8% above the respective base rate during the delay. If there is non -payment, resign from the purchase contract.

§ 4 offsetting/right of retention

The customer is only entitled to offset if his counterclaims have been legally established or these by the Outbacker were recognized. The customer can only exercise a right of retention if the counterclaim is based on the same contractual relationship.

§ 5 Shipping costs for the purchase purchase are additional shipping costs at the purchase price. The shipping costs are calculated individually and are composed of package number and weight (volume weight). For last name, additional service falls to which are composed individually.

§ 6 delivery time

1. Normally, the delivery time within Germany is 2-3 working days after receipt of money at Outbacker. This does not apply to individual customer products. The delivery time outside of Germany depends on the transport conditions of the respective freight guide (DHL).

2. If the customer wants a fixed delivery date, this must Outbacker be confirmed in writing. If the delivery is required by express, courier or comparable services to comply with a written delivery date, the additional costs of the customer must bear.

3. Without a written agreed delivery date, the company gets Outbacker. Only after a previous reminder.

§ 7 Transfer of danger

1. The goods are delivered from warehouse, this is the place of performance at the same time. At the customer's request, the goods are sent to another destination (shipping purchase). The Outbacker is entitled to partially deliver and partial service if the customer is reasonable.

2. The risk of random doom and the random deterioration of the goods is transferred to the freight driver, the carrier or the person or institution otherwise designed to carry out the shipment when buying the goods with delivery of the goods.

3. The handover is the same if the customer is in the default of the acceptance.

4. If the customer is default of acceptance, fails to take part in participation or delay the delivery of the Outbacker. For other reasons for represented by the customer, the Outbacker justified to request compensation for the resulting damage including the additional expenses, e.g. storage costs.

§ 8 Reference to Reference

Until the complete settlement of all claims from an ongoing business relationship, reserves ownership of the goods.

§ 9 Color name /size information

1. Depending on the model and execution, the size information may differ slightly.

2. The representation of the colors in print media and online can differ due to technical reasons and does not represent a defect here.

§10 Warranty

1. The statutory investigation and complaint is due in accordance with Section 377 HGB.

The customer must examine the goods immediately after delivery or handover and, if a defect, shows that the Outbacker to report this defect in writing immediately. If the customer fails to do so, the goods are considered approved, unless it is a defect that was not recognizable during the examination. If such a deficiency appears later, the advertisement must be made immediately after the discovery, otherwise the goods are also considered approved in terms of this defect. The above does not apply if the Outbacker. Confident this deficiency and/or has taken over a corresponding guarantee. Negotiations on a lack of complaint do not make a waiver of the Outbacker on the objection of the late, insufficient or unfounded lack of complaints.

2. If the customer demands supplementary performance, the Outbacker. Explanation or replacement delivery at your own choice.

3. Contrary to Section 438 (1) No. 3 BGB, claims from property and legal defects expire one year from the delivery of the goods to the customer. Insofar as a decrease in the goods is agreed, the limitation period begins with the acceptance.

§ 11 liability

If the liability for slightly negligent breaches of duty, if this does not affect any guarantees or contractual obligations, i.e. obligations, the fulfillment of which enables the proper implementation of the contract in the first place and that the customer may regularly trust and trust and are not damaged from the Violation of life, body or health. This also applies to a slightly negligent breach of duty by the legal representatives or vicarious agents of the Outbacker.

The limitation of liability does not apply to the customer's claims from product liability.

§ 12 copyright

Section 13 of the law and place of jurisdiction

1. For this general terms and conditions and the legal relationship between the Outbacker and the customer applies to the law of the Federal Republic of Germany to the exclusion of all international and supranational contract law regulations, in particular the UN sales law.

2. Jurisdiction for all legal disputes between the Outbacker and the customer is the headquarters of the Outbacker. However, it is also entitled to sue the customer's place of business.