CONSUL
General terms and conditions of business

General terms and conditions of business

Prices and shipping costs
The prices stated on the product pages include statutory VAT and other price components. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

Delivery
The delivery takes place within Germany and internationally by forwarding agency or parcel delivery.

Payment
Payment is made in advance or on account. If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

Retention of title
The goods remain our property until full payment has been made.

Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

1. Scope
1. All agreements and offers are based on the following conditions; they are recognized when the order is placed. The conditions apply exclusively unless otherwise expressly agreed in writing. Conflicting or deviating terms and conditions are not recognized by us even if the delivery is carried out by us without reservation after the customer has objected to the validity of our terms and conditions.
2. According to § 13 BGB, a consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
3. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
4. All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract. The written form can be replaced by the electronic form, unless the law provides otherwise.

2. Execution of the delivery
1. Our offers are non-binding unless otherwise agreed in writing. An order is considered accepted when we have confirmed it in writing. Only the text of our order confirmation is binding.
2. The documents, illustrations, drawings, weights and dimensions, samples, etc. attached to our offer are only approximately authoritative, unless the offer states otherwise.
3. If we manufacture parts according to customer drawings, the drawings made by us and approved by the customer are decisive. If the customer has approved drawings or samples, any deviations must be agreed in writing; they entitle us to charge the customer for any additional costs.

3. Delivery time
1. The delivery times stated by us are only approximate, unless otherwise agreed in writing. Agreed delivery times only count from the day of our written order confirmation. In any case, they only begin to run when all technical details have been mutually regulated and the checked documents, drawings and samples are binding. Correct and timely self-delivery, in particular of the items we only sell, remains expressly reserved.
2. Partial deliveries and early deliveries are generally reserved. With regard to the production conditions, deviating under- or over-deliveries of +/-10% are permissible; In any case, the customer is not entitled to refuse acceptance of the goods or to assert claims against us in the event of under-delivery.
3. Extended in the event of force majeure, strikes of any kind, lockouts, war, untimely delivery to our suppliers and other unforeseeable and/or unavoidable and/or extraordinary events and all other circumstances for which we are not responsible a delivery period specified by us will correspond accordingly, of which the customer will be informed. If the delivery and service obligation assumed by us becomes impossible due to an event described above, we are released from our contractual obligations and are entitled to withdraw from the contract. Claims for damages by the customer are excluded in this respect.
4. If the delivery periods specified by us expire for reasons for which we are responsible, the customer is entitled to demand compensation for delay of 0.5% for each full week of delay, provided that he can prove damage caused by the delay, but no more than 5% % of the delivery value (final invoice amount excluding VAT) for the respective delayed deliveries; in this respect, however, all further claims are excluded. However, the customer is only entitled to claims for damages if the delay is due to intent or gross negligence on our part. This does not apply in the case of a commercial fixed transaction or in cases in which the customer’s interest in performance ceases due to the delay that has occurred.
5. Compliance with the delivery period by us presupposes the timely and proper fulfillment of the contractual and payment obligations of the customer. If, after the conclusion of the respective contract, a significant
deterioration, in particular if the creditworthiness is at risk, we are entitled to refuse to carry out the respective order until appropriate security has been provided. If this does not happen within a reasonable period of time, we are entitled to withdraw from the contract without the customer being entitled to any claims for damages.
6. If the shipment is delayed at the request of the customer or for other reasons for which we are not responsible, we are entitled to charge additional expenses of 0.5% at most 5% after one week, calculated from the notification of readiness for shipment. of the delivery value of the stored goods for each started week, unless we can prove higher damage.

4. Passing of Risk
1. The risk of accidental loss or accidental deterioration of the goods is transferred “ex works” to the customer, unless otherwise stated in writing in the contract. This also applies if we take over the organization of the transport including the freight costs. If the shipment is delayed at the request of the customer or for other reasons for which we are not responsible, the risk passes to the customer from the respective date of notification of readiness for shipment.
2. If the goods delivered by us are assembled, the risk of accidental loss or accidental deterioration of the ordered parts free place of assembly is transferred to the customer, unless otherwise stated in writing in the contract. However, this does not apply if the dispatch is delayed for reasons for which we are not responsible; in this case paragraph (1) sentence 2 applies.

5. Liability for material defects in sales contracts
1. The limitation period for material defects is 1 year for newly manufactured items if the customer is not a consumer. Otherwise the statutory limitation period of 2 years applies. In the case of used goods, the limitation period is 1 year if the customer is a consumer. If the customer is not a consumer, the sale of used items takes place to the exclusion of any liability for material defects.
2. The customer’s claims for the rectification of defects are primarily limited to a claim for supplementary performance, i.e. a claim for rectification or a replacement delivery. If the customer is not a consumer, we have the right to choose between repairs or the delivery of spare parts. If the repair or replacement delivery fails, the customer can demand a price reduction or withdraw from the contract. The rectification has failed if and to the extent that a reasonable deadline set for rectification has elapsed without result.
3. Otherwise, we are liable according to the statutory provisions if we have acted fraudulently or our breach of contract is based on intent or gross negligence. Furthermore, we are liable for culpable injury to life, limb or health. In addition, we are liable according to the provisions of the Product Liability Act. Furthermore, we are liable in accordance with the statutory provisions if we have culpably violated an essential contractual obligation. In the latter case, however, the liability for damages is limited to the foreseeable, typically occurring damage. On the other hand, we are not liable if we are only accused of slight negligence.
4. If the claim for damages is based on the culpable failure to remedy the defect, the amount of the installation and removal costs – if the customer is an entrepreneur – is limited to the corresponding rates of the DAT/Schwacke list.
5. In the event of rectification, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs. This only applies to entrepreneurs if the costs do not increase due to the fact that the purchased item was taken to a place other than the place of performance.
6. The customer must assert claims for the rectification of defects with us. If the purchaser is a dealer, he is obliged to send us any notices of defects from his customer without delay. If he does not comply with this obligation, he must bear any resulting damage himself.
7. In the case of a defect that is due to incorrect assembly not carried out by us, the obligation to liability for material defects only exists if the assembly or installation of the item sold was carried out professionally. The customer must demonstrate and prove that the assembly was carried out competently.
8. If the materials supplied by the customer (in particular the conditions of use, operating and process, recipes, specifications and other circumstances and parameters relevant to the service to be provided) cause a defect, our liability is excluded.

6. Extended right of lien and liability for material defects in work contracts
1. Due to our claim from the order, we have a contractual right of lien on the items that come into the customer’s possession as a result of the order.
2. The contractual right of lien can also be asserted for claims from work previously carried out and other services, insofar as they are related to the subject matter of the order. For other claims arising from the business relationship, the contractual right of lien only applies if these are undisputed or if there is a legally binding title and the object of the order belongs to the customer.
3. Claims by the customer due to material defects become statute-barred – in the case of entrepreneurs – one year after acceptance of the object of performance. In this case, the statutory provisions apply to other customers – consumers. If the customer accepts the object of the order despite being aware of a defect, he is only entitled to claims for defects if he reserves the right to do so at the time of acceptance.
4. The acceptance of the object of performance by the customer takes place in our company, unless otherwise agreed.

7. Business recourse for sales to commercial resellers
1. If the customer resells the item sold to a consumer within the scope of his commercial operation and has to take back this item as a result of its defectiveness or reduce the purchase price, he can assert claims for liability for material defects against us.
2. The customer can also demand compensation for the expenses he had to bear in relation to the consumer if the defect claimed by the consumer was already present when the risk passed to the customer.
3. Within the scope of this entrepreneurial recourse, the customer has no claim for damages from us.

8. Goods Return/Restocking Fee
1. Insofar as we voluntarily take back goods from the customer, the following applies: Goods can only be taken back if they are in a proper, salable condition and are not custom-made products or orders. When the goods are returned, the customer receives a credit note in the amount of the value of the goods, less a restocking fee, which is not paid out in cash but is only charged for future purchases or orders.
2. The restocking fee per item is a flat rate of 15% of the value of the returned goods.

9. Assembly
1. If we assemble the parts supplied by us, Clause 5 applies accordingly, unless otherwise stipulated below.
2. Interruptions and hindrances of any kind during assembly for which we are not responsible shall be borne by the customer. This applies in particular if we do not have access to electricity, compressed air, water and other resources free of charge for the duration of assembly until final acceptance.

10. Other Claims/Joint Liability
1. Any further liability for damages than that regulated in Section 5 is excluded – regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for damage to property in accordance with Section 823, Paragraph 1 of the German Civil Code.
2. Insofar as liability for damages is excluded or limited on our part, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

11. Terms of Payment
1. The agreed terms of payment apply exclusively without any deductions. Bills of exchange and checks, including checks with financing bills of exchange, will only be accepted on account of performance. The bank, discount and collection charges are to be borne by the customer. Payments based on bills of exchange and checks are only deemed to have been made after the respective amount has been credited to our account; if checks with financing bills of exchange are issued, only when these bills of exchange are collected.
2. If the purchaser is in default of payment, we are entitled – in relation to companies – to demand default interest of 8% (for consumers: 5%) p.a. above the respective base interest rate plus default damages, unless the purchaser proves to us that the damage caused by default was lower. Further claims remain reserved.
3. The customer is only entitled to a right of set-off if and to the extent that the counterclaim is undisputed or has been legally established. The customer can only assert a right of retention against us if the right of retention is based on any counterclaims from the underlying contractual relationship. If the delivered item/service is defective, the customer can only assert a right of retention if the defect is recognized by us or is undisputed.

12. Retention of Title
1. The goods remain our property until all claims arising from the business relationship between us and the customer have been paid in full.
2. The customer is entitled to resell the reserved goods delivered by us in the ordinary course of business. We can revoke this authorization for justified reasons if our interests are endangered, in particular if the customer is unable to pay. The right to resell does not exist if the customer and his customer agree that the customer’s claim against the customer from the resale should be non-transferrable.
3. In cases of justified resale, the customer hereby assigns to us all future claims arising from the sale of the reserved goods against his customers in the amount of the respective factor value agreed between him and us. These claims also include those that the customer has only accepted on account of performance. If the customer includes the claim from the sale of the reserved goods in an existing current account relationship with his customers, the recognized final balance is deemed to have been assigned up to the amount of the invoice value agreed with the customer. The customer remains entitled to collect the claims from the sale of the reserved goods until he has not defaulted on payment or financial collapse.
4. If the reserved goods are resold together with other goods, whether without or after processing, mixing or blending, the above-agreed advance assignment only applies to the amount of the invoice value of the reserved goods that are sold together with the other goods is sold.
5. Any treatment or processing of the goods subject to retention of title is carried out by the customer for us. If the reserved goods are combined, processed or mixed with other goods that do not belong to us, the customer grants us the resulting co-ownership share in the new item in the ratio of the invoice value of our reserved goods to the other processed goods at the respective time of processing, connection or blending in. The purchaser also assigns to us the claims that he obtains against a third party by connecting the delivered item to a property, in the amount of our delivery claim as security.
6. The customer is not entitled to pledge the goods subject to retention of title or to assign them as security; in the event of enforcement measures by third parties on the goods subject to retention of title or on the claims assigned in advance, the customer is obliged to inform the creditors of our ownership or the pledging. He is also obliged to inform us immediately of these enforcement measures so that we are able to file a third-party objection action if necessary. The customer has to bear the costs of any third-party objection action.
7. If our security exceeds the claims to be secured at the time the respective contract was concluded by more than 25%, we will release the security to this extent at the request of the customer.
8. The customer is obliged to insure the reserved goods against damage at his own expense.

13. Jurisdiction/Place of Performance/Applicable Law
1. If the customer is an entrepreneur, the place of jurisdiction is Cologne; however, we are entitled to sue the customer at his place of residence.
2. Unless otherwise stated in the order confirmation, our place of business in Halver is also the place of performance.
3. The law of the Federal Republic of Germany applies. The application of the UN sales law is excluded.

General terms and conditions for online shops

1. Scope
These General Terms and Conditions (GTC) apply to all deliveries from Consul Werkstattinstrumente GmbH to consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

2. Contracting Party
The purchase contract is concluded by Consul Werkstatteinrichtungen GmbH, Managing Director: Frank v. i.e. Crone, Daimlerstraße 1, 58553 Halver, commercial register: District Court of Iserlohn, HRB 4160.

3. Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.
By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.

4. Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send a clear statement (e.g. a sent letter or an e-mail) about your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of withdrawal
If you withdraw this contract, we have to pay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must send the goods back to Consul Workshop Equipment GmbH, Daimlerstraße 1, 58553 Halver or to the person authorized by us to accept the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract or to hand over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5. Important notes:
1) Please avoid contaminating the goods. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) We reserve the right to charge reprocessing costs if the goods are returned to us damaged.
3) The right of withdrawal only applies if the goods are unused and have not been set up / assembled.

Withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
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At:
Consul Werkstattausrüstung GmbH
Daimlerstrasse 1,
58553 Halver

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I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*)/received on (*)
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is on paper)
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Date

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(*) Delete where not applicable.