Imprint/ T&C

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Information according to § 5 TMG

Drausy GmbH
Kleines Gässchen 13-15
Hall 1
D - 63075 Offenbach / Main, Germany

Commercial register: HRB 52781 OF
Register court: Offenbach am Main, Germany

Represented by:
Cordula Jäger

Contact

Phone: +49 (0) 69 86787236
E-mail: info@drausy.de

Sales tax ID

Sales tax identification number according to § 27 a Umsatzsteuergesetz: DE192742856

Details of professional liability insurance Name and registered office of insurer:
Württembergische Versicherung AG
D - 70163 Stuttgart

Area of validity of the insurance:
Germany and EU

Editorially responsible: Cordula Jäger

EU Dispute Resolution The European Commission provides a platform for online dispute resolution (OS):

https://ec.europa.eu/consumers/odr/.
You can find our e-mail address in the imprint above.

Consumer dispute resolution/universal arbitration board We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Source:

https://www.e-recht24.de/impressum-generator.html

 

AGB - General Terms and Conditions Drausy GmbH

1. General
Our General Terms and Conditions of Business shall apply to all business transacted with us, unless a deviating provision is made in an individual case by express agreement. The law of the Federal Republic of Germany shall apply. The validity of our contractual partner's general terms and conditions as well as the UN Convention on Contracts for the International Sale of Goods is excluded. 

2. Contract 
The contract shall be concluded by our written confirmation of the order or the purchase order. As long as the order has not been confirmed in writing, our offer remains non-binding. 
Obvious errors in our offer or in the order confirmation, spelling and calculation errors, neither entitle nor oblige the buyer or us. The contract shall only be concluded as it would have been concluded without this error or mistake. 
Our offer documents, drawings, descriptions, samples and cost estimates may not be made accessible to third parties. Upon request, these documents must be returned to us. 
The minimum order value is EUR 100. 

3. Terms of payment 
Our prices are exclusive of VAT at the legally valid rate. 
All DRAUSY system hoses are manufactured individually. Therefore, each DRAUSY system hose can only be used for the specific application mentioned. For this reason, we issue a partial invoice with the order confirmation as detailed in the quotation. Upon delivery, the remaining amount will be invoiced. 
The invoice prices are due for payment immediately on the day of receipt of the invoice. In cases of doubt, this is the 3rd day after the date of issue of the invoice. 
If the buyer gets into payment difficulties or defaults on payment or if bills of exchange are protested or if seizures are levied against him or if there is a significant deterioration in his financial circumstances, we shall be entitled to withdraw from the contract insofar as it has not yet been fulfilled and to demand cash payments in advance for further deliveries. 
If the buyer is in default, he shall bear the statutory default interest from the time of default. This shall amount to 9 percentage points above the base interest rate, in the case of consumers 5 percentage points above the base interest rate. We reserve the right to claim further damages caused by default. 
A right of retention of the buyer exists in principle only in the case of undisputed or legally established claims of the buyer. The same applies to the right of set-off. 

4. Delivery time 
A delivery time shall only be binding if it has been expressly designated by us as binding and if the buyer has provided all documents required for the execution of the delivery, in particular if plans and drawings have been made available to us in good time and if we have received them in good time. 
If delivery is delayed due to circumstances for which we are not responsible (force majeure, delivery difficulties on the part of suppliers, pandemic, strikes, etc.), the buyer shall not be entitled to claim damages. 
If the buyer does not accept the ordered goods, we shall invoice the buyer for these. The storage of the goods not accepted shall be at the expense and risk of the buyer.

5. Shipping

The shipment is covered by cargo insurance. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the buyer as soon as we have handed over the object of purchase for transport. Damage or loss occurring within the transport period must be clarified and settled with the cargo insurance company. In this respect, it is irrelevant whether the shipment is carried out by external or company-owned means of transport. 

6. Warranty

Warranty rights of the buyer presuppose that he has properly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with § 377 HGB (German Commercial Code). The notification of a defect must be made in text form. 
Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our buyer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty by the user. If the law prescribes longer periods, these periods shall apply. Our consent must be obtained before any goods are returned. 
If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction. If the subsequent performance fails, the buyer may - irrespective of any claims for damages - withdraw from the contract or reduce the remuneration. 
Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the buyer or third parties carry out improper repair work or modifications without our prior consent, there shall also be no claims for defects for these and the resulting consequences.  
Claims by the buyer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a different location than originally agreed. 

7. Liability in other cases

We shall only be liable for third-party products supplied by us to the extent that our suppliers assume and fulfil the warranty for their products vis-à-vis us. In such cases, we may release ourselves from the warranty obligation by assigning the claims against our suppliers to the buyer. Further claims of the buyer against us and our vicarious agents are excluded, in particular a claim for compensation for damage which has not occurred to the delivery item itself. This does not apply if liability is mandatory in cases of intent, gross negligence or the absence of warranted characteristics. 

8. Retention of title

We retain title to the delivered goods until all claims arising from the purchase contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of sale if the purchaser acts in breach of contract. 
The buyer is obliged to treat the object of sale with care as long as ownership has not yet passed to him. In particular, he is obliged to insure it at his own expense against theft, fire and water damage as well as vandalism at its replacement value. The aforementioned obligations shall apply accordingly if the item is rented out. As long as ownership has not yet been transferred, the buyer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771 of the German Code of Civil Procedure (ZPO), the buyer shall be liable for the loss incurred by us. 

9. Subsequent changes

If the documents sent to us by the buyer (analysis data, information on local conditions - dimensions, ground procurement, electricity, etc.) do not correspond to the actual conditions or if we were informed late or not at all of circumstances that would have required other materials or other designs, the costs for any necessary changes incurred shall be borne by the buyer. 

10. consumer dispute resolution

The company is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board in the sense of § 36 para. 1 Consumer Dispute Resolution Act (VSBG). This does not affect the possibility of dispute resolution by a consumer arbitration board in the context of a specific dispute with the consent of both parties to the contract (§ 37 VSBG).  

11. Jurisdiction and place of performance

If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction shall be the registered office of our company.