Fergo AGB - Große Armaturen Handler in Deutschland

Please note that our store is intended exclusively for traders.

General Terms and Conditions for Business Customers (B2B) - Online Shop

Sec. 1 Applicability

1. The present general terms and conditions (GTC) apply to all contracts concluded between you and us, FERGO Armaturen GmbH (Blindeisenweg 31 in 41468 Neuss, registered under Commercial Register Number HRB 13721 at the local court of Neuss, VAT-number DE 814 675 985) represented by the Managing Director Mr. Gordon Kölber via this online shop unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.

2. The GTC shall only apply if the Buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or, a special fund under public law.

3. Our AGBs apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of Business of the Buyer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example, even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer's General Terms and Conditions.

4. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements, and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

5. You will be notified of amendments of these GTC in writing, per telefax, or via email. If you do not object to an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC.

Sec. 2 Registration as User

1. Your registration for our trading system will be made free of charge. A claim for admission to our trading system does not exist. Only natural persons of full legal capacity shall be eligible. You must send us a copy of your identity card or your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company’s registry on our request. For admittance, you must electronically fill out the application form on our website and send it to us. The information required for the application shall be given by you complete and truthful. With your application, you choose a personal user name and a password. The user name shall not violate any third party rights or other trademark or rights to safeguard a name or public morals. You are obliged to keep the password secret and not disclose it to third parties.

2. Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under „My account“ at all times. You will not be obliged to buy any of the goods offered by us only due to your registration.

3. If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the login.

Sec. 3 Data Protection

1. All personal data given by you (Title, name, address, date of birth, email-address, telephone number, telefax number, bank details, credit card details) will only be collected, processed and stored by us pursuant to the GDPR and the German data protection law.

2. Your personal data, insofar required to create, carry out or terminate the contractual relationship, shall only be used for the implementation of concluded purchasing contracts between you and us, e.g. for delivering the goods to the address indicated by you. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.

3. If you require more information or if you want to recall or revoke the consent for the use of your inventory data expressly given by you and/or if you want to revoke the use of your usage data, our support under the email-address […] or by telephone under the number […] is at your disposal.

4. Further information on the subject of data protection can be found in our privacy policy under [LINK - OR ANNEX].

Sec. 4 Conclusion of Contract, Contract Language

1. Our offers are subject to change and non-binding. This shall also apply if we have provided the Buyer with catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we reserve ownership rights and copyrights.

2. The order of the goods by the buyer is considered a binding offer of contract. Unless otherwise stated in the order, we are entitled to accept this contractual offer within [zu ergänzen - … Tage / Wochen] after receipt of the order.

3. Order acceptance can either be declared in writing (e.g. by order confirmation) or by delivery of the goods to the buyer.

Sec. 4a Conclusion of Contract in Online shop, Contract Language

1. The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

2. By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for the purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch of the goods. Please regularly check the spam folder of your mailbox.

3. In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ button, you place a binding order in the meaning of subsection (2).

4. The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

5. To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all times the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data, and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data, or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 4a (2) of these GTC.

6. You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof. We do not store the contractual provisions for you.

§ 5 Payment Conditions

The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer, or via our payment provider. Our bank details are: [zu ergänzen]

§ 6 Reservation of ownership

1. The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after the due date, we reserve the right to withdraw from the contract and to reclaim the goods.

2. You are entitled to resell the goods under retention of title. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after possible processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities at your request at our discretion.

Sec. 7 Delivery Conditions, Delivery periods and delay in delivery

1. We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.

2. If we do not deliver the goods at all or not according to the contract, you have to set a grace period of 2 weeks. Otherwise, you are not entitled to withdraw from the contract.

3. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of performance), we shall inform the purchaser of this immediately and at the same time inform him of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already provided by the purchaser. In particular, the non-availability of the service in this sense shall be deemed to be the non-timely delivery by our supplier, if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure the service in individual cases.

4. The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the buyer is required. If we are in delay of delivery, the buyer can demand lump-sum compensation for his damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each completed calendar week of the delay but in total no more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that the buyer has not incurred any damage at all or only considerably lower damage than the above lump sum.

5. The rights of the buyer according to § 9 of these General Terms and Conditions and our legal rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

Sec. 8 Warranty in case of purchasing goods

1. If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. The precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.

2. The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.

Sec. 9 Liability & Limitation of Liability

1. We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for a slightly negligent breach of other obligations than those mentioned in the above sentences.

2. The abovementioned exclusions of liability do not apply in case of damage to life, body, and health. The liability pursuant to the product liability law remains unaffected.

3. Based on the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for the constant and continuous availability of our online trading system.

Sec. 10 Final Provisions

1. Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.

2. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

3. Venue of performance is Neuss. The courts of Neuss shall have exclusive jurisdiction for dispute, in connection with this contract.

4. If individual provisions of these terms and conditions are ineffective, statutory laws, the terms, and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision with a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.