Conditions of UseConditions of sale and delivery (status 05/18) of QUIDEE GmbH, 35315 Homberg
1. Validity of the terms and conditions
1.1 The following terms and conditions of sale and delivery shall apply to the business transactions of QUIDEE GmbH with companies within the meaning of BGB § 14.
1.2 They shall also apply in the event of deviating conditions of the buyer for all current and future transactions and services, unless they are amended or excluded in writing.
Information about the use and application possibilities of the products sold by QUIDEE GmbH, Technical consulting and other information makes QUIDEE GmbH to the best of its knowledge, but without obligation.
3. Placing of order
3.1 Purchase agreements and other agreements are binding for QUIDEE GmbH by written confirmation. In case of immediate delivery, the order confirmation will be replaced by the invoice.
3.2 Offers of QUIDEE GmbH are, even if it is not expressly stated, subject to alteration and subject to the delivery possibility.
4. Prices and Terms of payment
4.1 The prices indicated by QUIDEE GmbH are understood to be ex-operation Homberg plus sales tax in the applicable amount. If the turnover tax changes compared to the rate stated in the offer, the VAT rate shall be deemed to be valid at the date on which the contract becomes binding (para. 3.1).
4.2 The purchase price must be paid to QUIDEE GmbH within 14 days of the invoice date free of costs and expenses.
4.3 The retention of the payment or the offsetting with counterclaims of the buyer is only permissible if these claims are undisputed or legally determined.
4.4 If the buyer's financial position changes to his disadvantage after conclusion of the contract, QUIDEE GmbH shall be entitled, without prejudice to the statutory rights otherwise applicable to it, to advance payment or security for all non-mutually fulfilled Contracts, irrespective of the maturities previously agreed.
5.1 Within Germany We charge a transport fee of €5.80 up to a net value of €250.00. If the delivery takes place in several parts and the reasons for this are to be represented by us, we calculate the shipping costs of course only once. In the case of shipments abroad, we charge the actual transport costs.
6. Delivery time and transfer of risk
6.1 The delivery dates stated in the seller's order confirmation are approximate and not binding. Traffic and operational disturbances, strikes, lack of raw materials and the effect of force majeure lead to a reasonable extension of the delivery time and give QUIDEE GmbH the right to withdraw from the contract in whole or in part in the event of obstruction of more than 14 days. Claims for damages by the buyer are excluded, as far as legally possible. Shipping is done at the expense and risk of the buyer.
6.2 The risk for the accidental demise of the delivery shall be transferred to the buyer as soon as he takes over the delivery at the Homberg company or allows it to be taken over by a third party. If QUIDEE GmbH takes over the shipment, the risk of accidental loss of the goods is transferred to Deutsche Post AG, the carrier or the carrier. If the shipment is delayed for reasons that lie with the buyer, the risk is transferred by displaying the readiness for dispatch. Any storage costs after passing of risk shall be borne by the buyer.
The goods delivered by QUIDEE GmbH are intended for use and consumption by the buyer. The resale requires the written consent of QUIDEE GmbH.
8. Warranty and Liability
8.1 The buyer has the goods delivered by QUIDEE GmbH
Immediately after arrival to investigate externally identifiable defects or damages and QUIDEE GmbH may be informed of such defects or damages.
8.2 If QUIDEE GmbH has been defective, QUIDEE GmbH is obligated at its option for replacement delivery, rectification, after delivery of missing quantities or reduction of the purchase price (reduction). Fails the replacement delivery or rectification or if it is not provided within a reasonable period or is refused by QUIDEE GmbH, the buyer may at his option reduce the purchase price or withdraw from the contract.
8.3 Further claims of the buyer, in particular a claim for compensation of damages not incurred in the delivery itself, are excluded. This applies in particular to claims for damages due to loss of profit or other pecuniary losses of the buyer. This exclusion of liability does not apply in case of intent or gross negligence. Furthermore, it does not apply in the case of deliveries for which properties have been guaranteed in writing, if the assurance has just been intended to secure the buyer for damages that do not arise on the delivery item itself.
8.4 Claims for defects are barred in 6 months. This period shall also apply if, exceptionally, claims for compensation for consequential damages are claimed, insofar as these are not claims from tort.
8.5 The limitation of liability shall apply to the same extent to the benefit of the management, employees and other vicarious agents of QUIDEE GmbH.
8.6 Any liability beyond the warranty is limited to the assignment of the claims for defects and claims for damages which QUIDEE GmbH has to its upstream supplier (as a rule to the manufacturer), apart from intentional breaches of duty.
9. Your Rights/Privacy notice
9.1. Your personal data collected in the course of an order is required for the execution/organization/administration of the customer file (art 6 para 1 lit b DSGVO) and is stored centrally in a database of Quidee GmbH. Here we categorize your data according to the information you provide. Quidee GmbH uses this data in addition to customer management to inform you about products and events of Quidee GmbH (legitimate interest; Article 6 para 1 lit f DSGVO). A transfer to third parties takes place only within the framework of legal obligations or to our service providers in the context of an order data processing (art. 4 No. 9 DSGVO). A transfer to a third country does not take place. Your data will be stored in accordance with the Quidee GmbH deletion guidelines only as long as it is necessary for the purpose of storage. You have the right to request deletion, correction or limitation of the processing of your data. On request you will receive information on the content and scope of the data you have saved. You further have the right to receive your personal data back in a suitable format or to have it transmitted by Quidee GmbH. You may at any time object to the storage and processing of your data as well as an automatic individual case decision with effect for the future. This also applies if you have given us a declaration of consent for the use of your data (art. 6 para. 1 lit a). The objection can be addressed by mail or e-mail without giving reasons to firstname.lastname@example.org.
10. Final provisions
10.1 The place of performance is Homberg.
10.2 Irrespective of this, if the buyer is a full trader, a legal person of public law or a public-law special Fund, to bring an action to the court which is responsible for the registered office of QUIDEE GmbH. QUIDEE GmbH is entitled to sue even at the place of residence or domicile of the buyer.
10.3 The relations between QUIDEE GmbH and the buyers are subject to the substantive law of the Federal Republic of Germany.