The contracting party is Peter Marx.For all transactions concluded with the customer
For all our contracts, deliveries and other services exclusively these general terms and conditions apply in the version valid at the time of the order. We do not accept any deviating conditions of the customer, unless we have expressly agreed to them.
Our terms apply exclusively to entrepreneurs within the meaning of § 14 BGB.
Only contracts with companies are concluded, no sale to private customers.
For our products and services, the general terms and conditions of delivery for products and services of the electrical industry apply, insofar as these are not extended or restricted by our additional conditions. Deviating terms and conditions, which are used by a customer on the basis of his order, are deemed to be rejected, unless they have been expressly accepted in writing. These conditions shall also apply to future transactions for which the customer has not explicitly referred to them, provided that they have been received by the customer in the case of a previously confirmed or executed order.
1. Offer and Prices
Our offers are always free and non-binding. The binding period for our offers is 7 days from the date of the offer. Orders shall only be legally valid if confirmed by us in writing. If the written confirmation deviates from the order, this is considered a new offer which the customer can accept within one week. The contract is then concluded on the basis of our new offer.
Unless stated otherwise, the offered assemblies are faultless tested used parts. All agreements and information are only valid if we confirm them in writing. The written form may only be waived in writing. If the customer reverts from the contract for reasons which we are not responsible for, he will compensate us for the damage incurred. In case of doubt this is 20% of the gross order value. All prices are gross prices and are including VAT at the time of the invoice (currently 19%). The price basis is the tariffs (or equivalent agreements, or equivalent agreements) for wages and salaries, as well as current material and raw material prices valid at the date of the offer.
2. Conclusion of Contract and Purchase Price
first The articles listed by us on the Internet do not constitute a sale offer, but merely an invitation to the customer to submit a purchase request (invitatio ad offerendum). The order of the customer represents an offer sps-discount.com or Peter Marx to the conclusion of a purchase contract. After receipt of an order an e-mail is sent, which confirms the receipt of the order and their details (order confirmation). This order confirmation does not represent acceptance of the offer. We are entitled to accept the contract offer in the order of the customer within five working days after receipt. The acceptance can be explained either by sending an invoice by mail or email or the delivery of the goods.
Delivery is by post or forwarding. Delivery with companies on account with private only cash on delivery, advance payment or by arrangement. We reserve the right to make partial deliveries. Subsequent deliveries are free of shipping costs. Shipping may vary depending on the destination country and weight.
4. Delivery time
The delivery times stated by us are non-binding, but are kept as far as possible. The customer is aware that we are not manufacturer of the goods or individual components. Delays by third-party companies which are dependent on the use of material, strikes, events of force majeure, lock-out, war, etc. entitle us - not the purchaser - to withdraw from the contract or to postpone its fulfillment. Compensation claims of any kind are excluded in all cases.
5. Payment Terms
All payments are to be made free of charge in euros and free of charge. Unless otherwise agreed, the payment must be made gross within 30 days from the date of the invoice without deduction. If the payment date is exceeded, we are entitled to charge interest of 5% above the valid base rate of the Deutsche Bundesbank. Payments shall be deemed to have been made with the unconditional credit to one of our accounts. All payments shall be invoiced at the earliest on interest and costs, and then on claims, without regard for other orders of the customer. In the case of multiple claims, the credit is calculated according to the provisions of § 366 (2) BGB. For individuals, payment is only possible in advance.
Unless expressly agreed otherwise, Customer's claims for damages, in particular damages not incurred on the assembly itself, as well as claims for positive breach of contract and for replacement due to consequential damages or losses of the customer, e.g. Loss of revenue, loss of use, loss of production, capital costs or costs associated with a business interruption. If the purchaser is guilty of liability, this shall in any case be limited to the value of the delivered goods. In addition, we require the customer or client to have the necessary professional staff to operate the delivery.
The Purchaser undertakes to assert any defects or complaints immediately upon receipt of the goods, but no later than 8 days before the processing or mixing of the goods against the supplier in writing. In case of non-compliance with this obligation, the supplier is exempted from liability for defects. If a defective delivery can be proved, we will make a credit or replacement in perfect order. Additional claims are excluded. Liability is not assumed for damage caused by improper handling, storm and transport damage or other weather effects.
All defects must be reported to the customer by written notification. Warranty and warranty apply only to new original packaging items and are excluded in the case of used parts. In case of obvious defects, this must be done within 8 days after receipt of the goods. In the case of timely, justified complaints, we will provide replacement, credit or repair at our option. For this purpose, a reasonable deadline is available to us. The warranty is limited to 30 days.
9. Secrecy / Intellectual Property Rights
Both us and the customer are obligated to treat information about business and business secrets of a party strictly confidentially. The customer is responsible for the fact that the plans, drafts, drawings, programs, and calculations produced by us within the scope of the order are used only for his own purposes and does not make them accessible to third parties. Insofar as copyrights have arisen in our work results, the same remains with us. The obligation of the customer to maintain secrecy and to protect the origin also without limitation also the obligation, by appropriate steps, to ensure that the obligation of secrecy and the protection of the origin are also protected by its employees. The customer acknowledges that, in the event of a breach of copyright and copyrights, he bears all legal risks and consequences himself.
10. Retention of Title
Our programs, plans and documentation, as well as our services, remain our property until full payment of all our claims. If the customer is a subcontractor who submits the order in the interest of another, he is entitled to resell it within the framework of a proper business and management. The customer hereby assigns the claims arising from the resale of the goods to us as a precaution. The client is authorized to collect. In this regard, the client guarantees that the claim arising from the sale is free from the right of a third party. In so far as we create programs in which we lose ownership on the basis of §§ 946 ff. Of the German Civil Code (BGB) due to connection, mixing or processing, the programs will be drawn up on our behalf (processing clause)
By using our website you agree to the collection, processing and use of data as described below. Our website can be visited without registration. Data such as called pages or names of the retrieved file, date and time are stored on the server for statistical purposes, without this data being directly obtained from your person. Personal data, in particular name, address or e-mail address will be collected as far as possible on a voluntary basis. Without your consent, the data will not be passed on to third parties.
In the case of a contract, we collect and process your personal data provided by you in our system and use this for the duration of the contract processing, H. for order processing and billing. Personal data is any information by which a person can be directly or indirectly identified, Name, address, e-mail address, etc ...
We will provide you free of charge information about your personal data stored with us.
You may at any time request the correction, deletion and blocking of your personal data stored by us.
13. cancellation policy
you can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations in accordance with § 312c Section 2 BGB in connection § 1 Sections 1, 2 and 4 BGB-as well as our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB-InfoV. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
sps-discount.com [Peter Marx]
In case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the received achievement totally or partly or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as your property and omitting everything, which impairs their value. Transportable items are to be returned at our risk. Thy buyer has to take the cost of shipment and return shipment. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods for us with their receipt.
The law of the Federal Republic of Germany applies exclusively. If any provision of these terms is void, invalid or contestable, the remaining provisions shall remain unaffected. The clause concerned must then be interpreted in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner. This also applies to any gaps which may be required. The court of jurisdiction for both parties is Bad Kreuznach, Germany.
Last updated: 12.09.2017