Terms of Service
We, the Network Innovativ e.K., call ourselves “seller” in the following.
You, our buyers, are referred to as “buyers” in our general terms and conditions to ensure legibility.
For all business relationships between the seller and the buyer, the following general terms and conditions apply exclusively in the version valid at the time the buyer places the order. Deviating terms and conditions of the buyer do not apply, even if the seller does not expressly object to them.
2. Conclusion of the contract
If the goods are not in stock, the buyer is bound to the order for 2 weeks. The contract is concluded when this period expires, unless the seller has previously rejected the contract offer in writing.
The contract is concluded before the deadline expires if the seller delivers before the deadline expires, countersigns the offer, confirms acceptance of the offer in writing or accepts down payments.
3. Changes to the goods ordered
If goods are not in stock, the seller must deliver according to the catalogue. The goods must meet the legal requirements. Customary and reasonable minor deviations in color or dimensions do not constitute a defect.
4. Price, terms of payment
The agreed prices include VAT. Additional services, in particular delivery to the buyer and assembly at the buyer's site, are not included in the price.
Invoice amounts are due upon receipt of the order confirmation by the buyer or countersignature of the offer by the buyer. Payment is made in advance, by bank transfer or by direct debit. Another payment option must be agreed in writing with the seller in advance.
5. Retention of title, offsetting, right of retention
The goods sold remain the property of the seller until the purchase price has been paid in full.
The buyer can only offset claims that are undisputed, disputed but ready for a decision or that have been legally established.
The buyer is only entitled to assert a right of retention due to counterclaims arising from this contract.
6. Extension of the delivery period
If the seller cannot meet the agreed delivery date, he must inform the buyer of this in good time. Disturbances in the seller's business operations or at sub-suppliers for which the seller is not responsible, in particular strikes and lawful lockouts as well as cases of force majeure, extend the delivery time according to the duration of the disruption. In such cases, the buyer is only entitled to withdraw if he issues a reminder for the agreed services after the delivery period has expired, sets a reasonable grace period and the reasonable grace period has also expired without result. If the delivery period is determined by calendar, the reasonable grace period to be set by the buyer begins when it expires. The statutory right to damages in lieu of performance remains unaffected.
7. Delivery, shipping costs
Delivery is made to the delivery address specified by the buyer and takes place after full payment of the invoice amount.
The seller bears the delivery and shipping costs. Shipping is via a parcel or postal service. Goods over 30 kg will be delivered by courier.
8. Passing of Risk
In principle, the risk is transferred to the buyer when the item sold is handed over, unless the item is shipped to the buyer. In this case, the risk passes to the buyer as soon as the purchased item has been handed over by the seller to the parcel, postal service or forwarding agent.
9. Claims for Defects, Limitation of Liability, Statute of Limitations
Claims for defects If there is a defect in the items delivered by the seller, the seller will either remedy this within a reasonable period of time at the buyer's discretion or provide the service complained about again free of defects (subsequent performance overall).
If the supplementary performance fails, in particular because the defect is not remedied despite attempts to remedy, the supplementary performance is unreasonably delayed or is rejected without justification, the buyer can choose to withdraw from the contract or reduce the price.
The buyer shall notify the seller of obvious defects in writing or by e-mail within a period of 4 weeks after the moment when he discovered the defect. If the buyer fails to do so, his claims for defects expire 4 weeks after he discovered the defect. This does not apply in cases of malice of the seller.
Claims for defects do not extend to damage for which the buyer is responsible, in particular damage caused by natural wear and tear, improper handling or the effects of temperature or weather.
Limitation of liability The buyer's claims for damages or reimbursement of futile expenses are based on this regulation.
The seller is liable without limitation for damages resulting from injury to life, limb or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
In the case of other liability claims, the seller is only liable without limitation if the guaranteed quality does not exist and for intent and gross negligence, also on the part of his legal representatives and executives. The seller is liable for the fault of other vicarious agents only to the extent of liability for slight negligence according to Section 9.2. Section 4.
The seller is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, liability is limited to EUR 100,000.00 per insured event.
Liability for data loss is limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in accordance with the risk, unless one of the requirements under Section 9.2 applies. Paragraph 2 or 3 before.
Liability under the Product Liability Act remains unaffected.
Statute of Limitations Claims for defects become statute-barred within one year from the statutory start of the statute of limitations. Otherwise, the statute of limitations is based on the statutory provisions.
10. Final Provisions
Within the framework of the business relationship, the seller stores the data of the buyer that has become known to him and is necessary for the fulfillment of the contract. The data will only be used for the purpose of fulfilling the contract.
Place of performance is Frankfurt am Main.
The contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention
If the buyer is a merchant, the place of jurisdiction is the registered office of the seller.