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GTC


§ 1 Validity

(1) All offers of the company Jentner Plating Technology GmbH, Johann-Staib-Str. 2, D-75179 Pforzheim, Germany (hereinafter also referred to as "Seller") are exclusively directed to industry, companies, public authorities, public or charitable institutions, clubs, associations, crafts, trade and freelancers who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity (§ 14 BGB).

(2) All deliveries, services and offers of the Seller shall be made exclusively on the basis of these General Terms and Conditions. They are an integral part of all contracts concluded by the Seller with its contractual partners (hereinafter also referred to as "Customer") for the deliveries or services offered by the Seller. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.

§ 2 Offer and Conclusion of Contract

(1) Offers and price quotations contained in our web store, brochures, advertisements and other advertising material do not constitute a legally binding offer to enter into a contract, but only an invitation to the customer to make an offer.

(2) The customer makes a binding offer for the goods contained in his shopping cart when he has gone through the online ordering process by entering the information requested there and clicks on the "Order" button in the last order step ("Place Order"). The individual steps are as follows:

Place the product in the shopping cart

Press the "Checkout" button

Enter the customer data and click the "Continue" button.

Change the shipping address or the billing address; select the shipping method and the method of payment; accept the terms and conditions and then / or click directly on "Order now".

Click on "Order now" to make the order binding.

Print the order, continue shopping or leave the page.

(3) The customer can change or delete individual entries during the ordering process by pressing the button "Edit" or "Delete".

(4) The seller confirms receipt of the customer's order by sending a confirmation e-mail immediately after the order process has been completed. With this order confirmation, the seller does not yet accept the customer's offer. The order confirmation only serves to inform you about your order. If we accept your offer, we will send you an order confirmation by e-mail or by post.

(5) Offers transmitted by Jentner by fax, e-mail or letter are binding offers unless Jentner has excluded the binding nature of the offer. The customer accepts the offer by transmitting his acceptance of the offer. The acceptance can be made by fax, e-mail or in writing.

(6) Verbal agreements of the contracting parties shall be replaced by this contract, unless it is expressly stated in each case that they shall continue to be binding. Supplements and amendments to the agreements made, including these General Terms and Conditions, must be in writing to be effective. With the exception of managing directors or authorized signatories, the Seller's employees are not entitled to make verbal agreements deviating from this.

(7) The Seller retains ownership or copyright of all offers and cost estimates submitted by it as well as drawings, illustrations, calculations, brochures, catalogs, models, samples and other documents made available to the Customer.

§ 3 Prices and payment

(1) The prices shall apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. The prices are quoted in EURO ex the Seller's registered office plus packaging and shipping, the statutory value-added tax, in the case of export deliveries customs duties as well as fees and other public charges.

(2) Payment shall be made at the customer's option by cash on delivery, PayPal, direct debit or prepayment. In the case of cash on delivery, we will ship the goods to the customer after the order confirmation and according to the specified delivery time. The customer pays the purchase price directly to the delivering transport company. In case of direct debit payment, we debit the amount from the customer's bank account after the order confirmation and ship the goods according to the specified delivery time. In case of payment in advance/PayPal, you will receive our bank details/PayPal account with the order confirmation. The payment has to be made within 10 working days to our bank account. After receipt of the transfer on our bank or PayPal account, we will ship the goods according to the stated delivery time. To protect our credit risk, we reserve the right to exclude certain payment methods in individual cases.

(3) In the case of delivery to Switzerland and non-European countries, customs duties and taxes may be incurred.

(4) Offsetting against counterclaims of the Customer or the retention of payments due to such claims shall only be permissible to the extent that the counterclaims are undisputed or have been legally established.

(5) The Seller shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, circumstances become known to the Seller which are likely to substantially reduce the creditworthiness of the Customer and as a result of which payment of the Seller's outstanding claims by the Customer arising from the respective contractual relationship (including from other individual orders to which the same framework agreement applies) is jeopardized.

(6) If no precious metal prices are stated in the offer, we shall use the precious metal prices of the Allgemeine Gold- und Silberscheideanstalt Pforzheim for processed precious metals valid on the day of delivery to the Customer as a basis. In any case, we shall be entitled to charge the customer the precious metal prices paid in the covering transaction itself.

§ 4 Delivery and delivery time

(1) Deliveries shall be made ex Seller's warehouse.

(2) The Seller may - without prejudice to its rights arising from default on the part of the Customer - demand from the Customer an extension of delivery and performance deadlines or a postponement of delivery and performance dates by the period during which the Customer fails to meet its contractual obligations towards the Seller.

(3) The Seller shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure for which the Seller is not responsible. Insofar as such events make it significantly more difficult or impossible for the Seller to deliver or perform and the impediment is not only of temporary duration, the Seller shall be entitled to withdraw from the contract. In this case, the seller will inform the customer immediately and refund the consideration without delay. In the event of hindrances of temporary duration, the delivery or performance deadlines shall be extended or postponed by the period of the hindrance, but by no more than 30 days. Insofar as the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by means of an immediate written declaration to the seller.

(4) The Seller shall only be entitled to make partial deliveries if

the partial delivery is usable for the customer within the scope of the contractual purpose,

the delivery of the remaining ordered goods is ensured and

the customer does not incur significant additional expenses or costs as a result (unless the seller agrees to bear these costs).

(5) If the Seller defaults on a delivery or service or if a delivery or service becomes impossible for the Seller, for whatever reason, the Seller's liability for damages shall be limited in accordance with § 7 of these General Terms and Conditions of Delivery.

§ 5 Place of Performance, Dispatch, Packaging, Transfer of Risk, Acceptance

(1) Place of performance for all obligations arising from the contractual relationship shall be Pforzheim, unless otherwise specified.

(2) The mode of dispatch and the packaging shall be at the Seller's discretion.

(3) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or the Seller has assumed other services (e.g. shipping or installation). If the shipment or the handover is delayed due to a circumstance the cause of which lies with the customer, the risk shall pass to the customer from the day on which the seller is ready for shipment and has notified the customer of this.

§ 6 Warranty

(1) The warranty period shall be one year from delivery. The statutory limitation periods for the right of recourse according to § 478 BGB, however, shall remain unaffected.

(2) The delivered items are to be inspected carefully immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed to have been approved if the Seller has not received a notice of defect with regard to obvious defects or other defects which were identifiable during an immediate, careful examination within seven working days after delivery of the delivery item, or otherwise within seven working days after discovery of the defect or the point in time at which the defect was identifiable for the Customer during normal use of the delivery item without closer examination. At the Seller's request, the delivery item complained about shall be returned to the Seller carriage paid. In the event of a justified notice of defect, the Seller shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.

(3) In the event of material defects of the delivered items, the Seller shall first be obligated and entitled to rectify the defect or to make a replacement delivery, at its discretion to be made within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the customer may withdraw from the contract or reasonably reduce the purchase price.

(4) If a defect is due to the fault of the Seller, the Customer may claim damages under the conditions set out in § 7.

(5) The warranty shall not apply if the Customer modifies the delivery item or has it modified by a third party without the Seller's consent and the rectification of the defect becomes impossible or unreasonably difficult as a result. In any case, the customer shall bear the additional costs of the rectification of defects arising from the modification.

(6) Any delivery of used items agreed with the Customer in individual cases shall be made to the exclusion of any warranty. The special provisions of § 7 shall apply.

§ 7 Liability for damages due to fault

(1) Claims for damages on the part of the customer are excluded unless otherwise stipulated below. The above exclusion of liability shall also apply in favor of the Seller's legal representatives and vicarious agents if the Customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in § 7 para. 1 are claims for damages due to injury to life, body, health and claims for damages arising from the breach of essential contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents.

(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.

§ 8 Retention of title

(1) The Seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. If the value of the goods subject to retention of title exceeds the claims to be secured from the current business relationship by 10%, we shall be obliged to release the goods subject to retention of title.

(2) The customer shall be entitled to resell the goods in the ordinary course of business. The customer hereby assigns to the seller all claims in the amount of the invoice that accrue to him against a third party as a result of the resale. The seller accepts the assignment. After the assignment, the customer is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the customer does not properly meet his payment obligations and is in default of payment. The processing of the goods by the customer shall always be carried out in our name and on our behalf. If the goods are processed by the customer, the seller shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are processed or mixed by the customer with other items not belonging to us.

(3) If third parties access the goods subject to retention of title, in particular by way of seizure, the Customer shall immediately notify them of the Seller's ownership and inform the Seller thereof in order to enable the Seller to enforce its ownership rights. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial costs incurred in this connection, the Customer shall be liable to the Seller for this.

§ 9 Data protection

A detailed privacy policy is available on our website www.shop.jentner.de/datenschutz

§ 10 Danger notice

The specified use of the products may, of course, only take place in compliance with the applicable laws, regulations, directives, including the Chemicals Act (ChemG), Water Resources Act (WHG), Hazardous Substances Ordinance (GefStoffV), Industrial Safety and Health Ordinance (BetrSichV), Technical Rules for Flammable Liquids (TRbF), Technical Rules for Hazardous Substances (TRGS)

§ 11 Final Provisions

(1) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.

(2) The relations between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

(3) Should individual provisions of these Terms of Use be or become invalid or contradict the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by the parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

(4) For the purpose of credit assessment, Bürgel Wirtschaftsinformationen GmbH & Co. KG, P.O. Box 500 166, 22701 Hamburg, Germany, the address and creditworthiness data stored in its database relating to you, including such data determined on the basis of mathematical-statistical methods, provided that we have credibly demonstrated our legitimate interest. For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, we collect or use probability values, the calculation of which includes address data.