General Conditions of Sale
As of: 01/2018
The Bleaching-Gel.Kaufen UG, Bachstr. 66A, 40217 Dusseldorf | germany
- Regulatory area, inclusion, ancillary agreements, formal requirements
1.1 Our deliveries and services are made exclusively on the basis of these General Conditions of Sale. They also apply without renewed explicit reference for all future offers, deliveries and services to the customer.
1.2 Our conditions of sale shall apply even if we carry out the business in the knowledge of conflicting or differing terms and conditions of the purchaser. Conflicting conditions of the customer are only valid if we agree in writing to their validity. We hereby expressly object to the formular reference to our own terms and conditions.
1.3 Verbal collateral agreements do not exist when the contract is concluded.
1.4 Future agreements must be in writing in order to be effective. This also applies to the agreement or the waiver of the written form specified here. The customer has to ensure that the communication channels specified by him are reachable.
- Contractor, quantities, minimum order value
2.1We sell exclusively to commercial customers for professional or commercial purposes and only in commercial quantities. Therefore, our conditions of sale apply only to these entrepreneurs.
2.2 The customer is obliged to provide truthful information when registering.
2.3 The minimum order value is € 25.00 plus VAT. Orders below this amount will be charged with a minimum quantity surcharge of € 6.90 plus VAT.
- Offer, conclusion of contract, period of commitment, quality of service
3.1 The order of the orderer constitutes an offer to the conclusion of the contract. The contract comes about by the order of the orderer on the one hand and the acceptance of this order by us or their execution on the other hand. An order confirmation sent to the orderer after the order does not constitute acceptance of the offer, but merely documents that the order has been received by us.
3.2 The customer is bound to his order for three weeks.
3.3 The quality of the service to be provided by us is based exclusively on the written contractual order documents. Illustrations, descriptions and measurements and quantities in catalogs and brochures are not binding and are not exhaustive. Changes in designs and material are reserved, as far as this is reasonable for the customer.
Bleaching products, which may only be delivered to dentists, are only shipped by us and stored as service providers. Here we act only in the name and for the account of Beauty Systems (Intl) Ltd. Gibraltar.
- Prices, shipping costs
4.1 All prices quoted are non-binding prices in Euro. The statutory VAT must always be added to the prices quoted, should this not be indicated. We reserve the right to make price adjustments at any time.
4.2 VAT is not included in our prices; it will be shown separately in the bill at the statutory rate on the day of invoicing.
4.3 Costs for packaging and transport are not included in the net prices. For orders, within Germany, we do not charge shipping costs.
For special orders, furnishings / capital goods orders shipping costs will be charged at cost. For orders abroad (EU), we charge a postage fee of € 16.00 per order. We reserve the right to change without notice. Customs fees will be charged.
- Exchange and return of goods
5.1 Purchase items that are not part of our stock range can not be returned. All offered bleaching materials are excluded from the return.
5.2 For other consumables a contractual right of return is granted. The orderer can return the goods to us within 14 days, giving the return reason. For this, the goods must be unused, complete and in their original packaging. The return is at the cost and risk of the customer. Unprepaid shipments will not be accepted. Upon return, we charge a processing fee up to 30% of the invoice net amount.
5.3 In addition, there is no contractual right to return ordered goods.
- Payment, advance performance obligation, consequences of default, dunning costs
6.1 All amounts invoiced shall become due immediately upon receipt of invoice by the Purchaser for payment without deduction. Payments must be made within 5 working days after receipt of the invoice, default interest is due from this day.
6.2 In the event of default of payment, we are entitled to demand default interest of 8 percentage points above the base rate annually. For each reminder, fees of € 10.00 will be charged.
6.3 Payment by PayPal or credit cards will be charged a 3% handling fee.
- Offsetting, right of retention, prohibition of assignment
7.1 The purchaser is not entitled to offset against our claims for payment with our own claims, unless the claims of the purchaser are undisputed, ready for decision or legally binding.
7.2 The purchaser is not entitled to withhold our rights of retention against retention of title, including claims for defects, unless they result from the same contractual relationship.
7.3 The customer is not authorized to assign his claims against us to third parties.
- Place of Performance, Performance and Delivery Obligation, Passing of Risk, Partial Services, Delivery Deadlines
8.1 The place of performance for all mutual services under the contract shall be our registered office in Bachstr. 66A, 40217 Dusseldorf, Germany, agreed.
8.2 In the case of dispatch of goods, the risk of accidental loss is transferred to the customer as soon as we have handed over the goods to the person designated by us for shipment. The delivery is uninsured.
8.3 Partial deliveries are permissible, unless the purchaser recognizes that he has no interest in them or that they are clearly unreasonable to accept them. If we exercise this right, packaging and shipping costs will be charged only once.
8.4 Delivery times are not binding; their compliance is not guaranteed. If the possibility of delivery depends on the delivery by a pre-supplier and if this delivery fails for reasons for which we are not responsible, then we are entitled to withdraw from the contract. The customer is not entitled to compensation for this reason.
- Retention of title
9.1 We reserve the title to the delivered goods (reserved goods) until the complete fulfillment of all claims resulting from the respective business, including ancillary claims and all claims already due to us from the time the contract is concluded against the customer.
9.2 If the reserved goods are processed by the purchaser, the processing will be carried out for us as the manufacturer without any obligation to us. We remain entitled to ownership of the processed item or any item newly created by the processing. If a new thing is created by the processing involving the ownership of other suppliers, we obtain co-ownership of the newly created thing in proportion to the value of our reserved property (final invoice amount including VAT) to the other processed items at the time of processing. In the event that no such automatic acquisition of ownership should occur to us, the customer already transfers his future ownership or - in the above relationship - co-ownership of the newly created property to us for security.
9.3 If the goods subject to retention of title are combined with other items or are inseparably mixed, we shall acquire co-ownership of the new item in proportion of the value of the reserved goods (final invoice amount including value added tax) to the other connected or inseparably mixed items at the time of the connection or mixing. If the connection or mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the purchaser assigns proportional co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.
9.4 The customer is entitled to resell our goods in the ordinary course of business. In the case of the resale of the goods subject to retention of title, the purchaser hereby assigns to us as security the resulting claim against the acquirer - in case of co-ownership of the reserved goods pro rata in accordance with the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise in respect of the reserved goods, such. B. insurance claims or claims from tort in the event of loss or destruction. We authorize the purchaser revocably to collect the claims assigned to us in our own name for our account. We may revoke this direct debit authorization if the customer does not meet his payment obligations from the proceeds received, is in default of payment or if an application for the opening of insolvency proceedings is filed or payment.
9.5 In the event of non-compliance with an agreed term of payment, as well as in the event of bills of exchange and check protests or bankruptcy, we are entitled to demand the reservation of title, whereby any costs incurred shall be borne by the customer. The request for release is only a contract resignation, if this is expressly explained by us. At our request, the purchaser is obliged without restriction to provide us with the information required for out-of-court and judicial assertion of the claim and to provide written documents and information without delay.
9.6 If the value of the securities given to us exceeds our claim by more than 10%, we shall be obliged, at the request of the ordering party, to release these securities to the extent we choose.
9.7 If third parties access the reserved property (eg in the event of seizure) or threaten the insolvency of the customer, the customer must inform us immediately in order to enable us to enforce the property rights.
- Obligation to examine and notify
Warranty claims on the part of the purchaser presuppose that the purchaser has duly fulfilled his obligations to inspect and complain under § 377 HGB. The customer has to inspect the goods immediately after delivery, as soon as this is possible in the ordinary course of business, and, if a defect shows, to notify us immediately. If he omits the ad, the goods shall be deemed to have been approved unless it is a defect that was not identifiable during the investigation. If such a defect later appears, the notification must be made immediately after discovery; otherwise, the goods are also considered to be approved in view of this defect. To maintain the rights, the timely dispatch of the advertisement is sufficient. If we have fraudulently concealed a defect, we can not rely on the above provisions.
- Issuance request, return authorization
We are entitled to rescind the contract after a reasonable deadline and to demand the surrender of the goods delivered under retention of title, if the purchaser is in arrears with the payment of the purchase price or agreed installment payments with at least two installments or the purchaser culpably against the obligations incumbent on him Number 9 has violated.
- Liability for defects, rights of the customer, statute of limitations
12.1 In all cases, the statutory warranty rights apply.
12.2 For delivered goods, we assume the guarantee that they are free of material and legal defects.
12.3 If the purchaser asserts claims for defects against the manufacturer of the goods delivered by us, we shall support the purchaser in his discretion and, if necessary, assign rights existing against the manufacturer.
12.4 In the event of defective manufacture and delivery of goods, we are obligated, at our discretion, to remedy the defect in the form of remedy of the defect or to deliver a new item free of defects. We are entitled to carry out two supplementary performance attempts. After two unsuccessful attempts at rectification, the purchaser may, at his discretion, rescind the contract or demand the appropriate reduction of the remuneration (reduction).
12.5 All warranty rights of the customer resulting from a defective performance lapse after 12 months. The beginning of the statute of limitations depends on the legal rules.
- Further liability, limitation of liability
13.1We are liable in cases of intent or gross negligence in accordance with statutory provisions.
13.2 In the event of a slightly negligent breach of material contractual obligations, the liability for damages shall be limited to the foreseeable, typically occurring damage. An essential contractual obligation exists if, with their violation, the achievement of the purpose of the contract is jeopardized or the customer has trusted in and has the confidence to comply with the obligation.
13.3 Incidentally, we are not liable for the slightly negligent breach of contractual obligations.
13.4 The provisions contained in clauses 13.1 to 13.4 also apply to the fault and liability of our vicarious agents and agents.
13.5 The above limitations of liability shall not apply to cases of culpable injury to life, limb or health as well as to deviations from warranties granted and for fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.
13.6 Lifetime warranty
Our devices come with a 2 year warranty. However, these can easily be extended as long as you buy an average of 10 bleaching / teeth whitening sets per month at an average price of € 10.00. Thus, you have an unlimited warranty.
- Applicable law, place of jurisdiction, validity clause
14.1 The contracting parties agree with respect to all legal relationships arising from this contractual relationship, present as well as future subsequent performance of the contract, the application of German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 The place of jurisdiction for the place of performance shall be agreed if the customer belongs to the merchants within the meaning of the German Commercial Code, a legal entity under public law or special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany. In addition, we are also entitled to claim the customer at his general place of jurisdiction.
14.3 Should individual provisions of the contract with the customer including these General Conditions of Sale be or become invalid in whole or in part, or if the contract contains loopholes, this shall not affect the validity of the remaining provisions. If the ineffectiveness of individual provisions for reasons other than those of the law of the General Terms and Conditions, the contracting parties undertake to make a provision which comes closest to the ineffective provision according to its purpose.
- Data protection - Collection, processing and use of personal customer data - Reference to separate privacy policy, use for advertising purposes
15.1 We use the personal information provided by you for the processing of orders and the provision of services. Additional information on the nature, extent, purpose of the collection, processing and use of the personal information provided can be found in our privacy policy. The data processing takes place in accordance with the applicable German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
15.2 The data necessary for the transaction will be stored and passed on to us as part of the order processing, if necessary, to our affiliated companies or our service partners, who act as order data processors within the meaning of the Federal Data Protection Act (BDSG).
15.3 For delivery on account, we may exchange customer data with the following services for the purpose of credit check: Schufa Holding AG, Kormoranweg 5, 65201 Wiesbaden Creditreform Hannover-Celle-Wahlburg Bissel & Kruschel KG, Hans-Böckler-Allee 26, 30173 Hannover
15.4 Of course, all personal data are generally treated in the strictest confidence and the legitimate interests of the customer are strictly taken into account in accordance with the legal requirements.
15.5 In addition to the purposes described above, we use the data provided to us for our own promotional purposes. You may at any time further use your data for this purpose by simply notifying Bleaching-Gel.Kaufen UG, Bachstr. 66A, 40217 Duesseldorf | Germany, contradict.