Home Terms and Conditions
General Terms and Conditions for Consumers
As of February 2024
ATH Technik
Prop. Jutta von der Heide
Raiffeisenstr. 6
48477 Hörstel
ATH Technik GmbH
Prop. Henrik von der Heide
Bödekerstraße 1
30161 Hannover
§ 1 Scope, Customer, Contract Language, Code of Conduct
1.1 The following terms and conditions of sale and delivery apply to all purchase contracts for goods concluded via the „ATH Technik“ webshop between ATH Technik, owner Jutta von der Heide, Raiffeisenstr. 6, 48477 Hörstel, Germany, or ATH Technik GmbH, Managing Director: Henrik von der Heide, and the customers of „ATH Technik“ and ATH Technik GmbH.
1.2 For the purposes of these General Terms and Conditions, customers of „ATH Technik“ are both consumers and entrepreneurs.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (cf. Section 13 BGB).
1.4 Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or partnerships with legal capacity who conclude a purchase contract with „ATH Technik“ and „ATH Technik GmbH“ via the webshop and act in the exercise of their commercial or independent professional activity.
1.5 The following provisions apply only to consumers.
1.6 The language decisive for the execution of the contract and for the conclusion of the contract is German.
1.7 We deliver worldwide, shipping costs abroad will be communicated upon request, deliveries are made ex works Hörstel and Isernhagen including packaging. Deliveries to third countries are ex works, duties unpaid.
1.8 Hereinafter, ATH Technik Inh. Jutta von der Heide, Raiffeisenstr. 6, 48477 Hörstel, Germany, and ATH Technik GmbH Inh. Henrik von der Heide are collectively referred to as „ATH Technik“.
§2 Contracting party consumer
2.1 ATH Technik and ATH Technik GmbH, owned by Jutta von der Heide and Henrik von der Heide, are the customer's contracting parties.
2.2. For questions and any other concerns, ATH Technik can be reached by phone from Monday to Thursday from 8:00 AM to 5:00 PM and on Friday from 8:00 AM to 3:00 PM, or 24 hours a day at: info@ath-technik.de
§3 Ordering and Purchase Process and Conclusion of the Sales Contract
3.1 The items offered in the „ATH-Technik“ online store do not constitute a binding offer pursuant to §§ 145 et seq. of the German Civil Code (BGB); the product range is intended for the submission of a binding and chargeable order by the customer.
3.2 Items that the customer wishes to order can be placed into the virtual shopping cart with a single click. Clicking on the shopping cart icon displays the items the customer currently has in their cart, along with the applicable shipping costs. Here, the customer has the option to remove items or increase or decrease quantities. Only by clicking the „Checkout“ button does the ordering process continue. The customer then has the option to enter the billing and shipping address. Clicking "Next" gives the customer the option to select a shipping method. Clicking "Next" again gives the customer the option to select a payment method. By checking a box, the customer must declare that they have taken note of the General Terms and Conditions of Business and Delivery including customer information and agree to their validity. All information can be accessed and printed via a scrollable link or read in a text window. The cancellation policy is displayed with special prominence.
3.3 When the customer clicks the „Buy“ button, the customer thereby places a binding and payable order for all items contained in their virtual shopping cart and listed in the order summary. The customer will then receive an automatically generated email from our online store system containing the order confirmation and a list of the ordered items. This mere confirmation of receipt does not yet constitute a binding declaration of acceptance by „ATH Technik.“.
3.4 The purchase contract only comes into effect when „ATH Technik“ has checked and confirmed the customer's purchase offer. This is done by a further email or implicitly by dispatching the ordered goods, as a rule within 2-5 working days if the item is marked as „green“ and we have booked the incoming payment, and a corresponding shipping confirmation by email to the customer. Even if the item is marked as green, this is not a binding guarantee that the item is available at short notice; in case of doubt, please inquire with us before ordering.
§ 4 Storage of contract data
4.1 For the duration of the purchase process, all order data of the customer (purchase date, item, price, quantity, payment details, shipping data, date, and time of submission of the customer declaration) will be stored electronically for the duration of the purchase process and in accordance with statutory guidelines, and will be sent automatically to the customer by email upon receipt of the order, along with these General Terms and Conditions of Business and Delivery, including customer information and cancellation policy (including the model cancellation form) as well as the privacy policy.
4.2 ATH Technik does not store any specific contract text beyond the order data sent by email and these terms and conditions. The essential characteristics of each item are described in this online shop, and the customer can also print out the details of their order using the print function from the confirmation email, the web browser, or within the online shop if the customer is logged in.
§5 Prices, Delivery Terms, Shipping, Reservation of Self-Supply
5.1 The purchase prices displayed in the online shop can be seen directly when viewing the respective item and include the German value-added tax applicable at the time, but exclude shipping costs. The customer can view the applicable shipping costs under the "Shipping Costs" link and they are always displayed in real time when viewing the shopping cart.
5.2 The customer may also pick up the goods in person; this is possible during business hours (see §2.2) by prior arrangement.
5.3 Shipping is carried out exclusively via the parcel service chosen by us or, in the case of bulky and heavy items, via our freight forwarder.
5.4 Delivery is generally made within 2-5 business days within Germany (longer abroad, up to 10 business days), provided the item is marked as „immediate“ (green dot). The delivery period begins upon receipt of payment in our account (whether via PayPal or bank transfer), unless the customer has chosen cash on delivery or credit card; in that case, we generally ship the goods 2-3 business days after receipt of the order, provided the item is marked „green“ and is available (immediately deliverable). For delivery to the islands, there is an island surcharge of €15.90, which will then be requested separately by „ATH Technik“ via email. Delivery to the islands can take up to 7 business days. Items marked in orange are ready for delivery in approx. 1 to 2 weeks, items marked in red are ready for delivery in 4 weeks, and a longer delivery time may also be expected; in this case it is advisable to contact ATH Technik to find out when the item will be available for delivery again.
5.5 If an item ordered by the customer is unexpectedly unavailable because ATH Technik or ATH Technik GmbH is unexpectedly not supplied on time by its own supplier through no fault of its own, or is currently out of stock, ATH-Technik reserves the right to withdraw from the purchase contract. In this case, ATH Technik will inform the customer immediately and, if applicable, suggest the delivery of a comparable item. If the customer does not wish to receive the comparable or replacement product, ATH Technik will promptly refund any payment already made by the customer for the item, if applicable. The customer expressly agrees that they shall have no claim for damages of any kind whatsoever.
§ 6 Delivery times for goods that are custom-made or specially ordered for the customer
6.1 Delivery times are approximate only and are not legally binding.
6.2 If the Customer fails to fulfill obligations to cooperate, or if we are prevented from delivery by unforeseen or extraordinary disruptions in operational processes or shipping at our premises, our upstream and subcontractors, or transport companies, or by labor disputes, the delivery time shall be extended accordingly. The same shall apply to corresponding hindrances of the Customer regarding its obligation to accept delivery. If delivery does not take place within a reasonable extension of the delivery time or if delivery is impossible, the Customer shall exclusively have a right of withdrawal. There is no right of withdrawal for goods that were specially ordered for the customer or manufactured according to customer drawings. The Customer hereby expressly agrees that it shall in no case be entitled to claims for damages of any kind whatsoever. If the Customer has ordered goods that are manufactured according to its specifications or drawings and has made a down payment for them, the down payment shall not be refunded in the event of the Customer's insolvency, nor shall the Customer have any claim to a partial delivery. In the event of a currency reform, down payments will not be converted nor offset against goods; in the event of a currency reform, the Customer shall have no claim to substitute performance or delivery.
6.3 Should we nevertheless be in default, the buyer is entitled to withdraw from the contract after the fruitless expiry of a reasonable grace period that is proportionate to the original delivery period offered; claims for damages due to non-performance as well as for compensation for damages caused by delay, or claims for damages of any kind whatsoever are expressly excluded, and the buyer expressly declares their agreement herewith upon ordering. In the case of goods manufactured specially for the customer, there is no right of withdrawal and no claim for damages of any kind if the delivery is not made on time.
§ 7 Purchase Price Payment and Right of Retention
In mail-order sales, payment must be made prior to delivery, which can optionally be done by bank transfer, PayPal, or credit card. For shipping by cash on delivery, the delivery takes place as described in §5.4, and payment is due in cash to the delivery agent concurrently against handover of the shipment.
§ 8 Retention of Title
The goods supplied by ATH Technik remain the property of ATH Technik until full payment of the purchase item of the contract. In the case of customers who are not consumers pursuant to GTC § 1 para. 1.3, ATH Technik retains ownership of the purchase item until the complete receipt of all payments from the ongoing business relationship with the
The reservation of title applies. The reservation includes the simple, extended, and enlarged retention of title. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing, or alteration is not permitted without the consent of ATH Technik.
§ 9 Warranty for defects
9.1 For all items offered in the ATH Technik online shop, the statutory warranty rights apply to private consumers.
9.2 Complaints regarding defective or incomplete delivery must be made to us, in the case of obvious defects without undue delay,
to be notified in writing at the latest within 6 working days of receipt of the goods. Likewise prior to installation or further processing.
or resale, the defects must be notified to us in writing. The buyer must make complaints regarding transport damage
to be asserted directly opposite the transport company, at the latest within 48 hours.
9.3 We provide a warranty for our deliveries and services exclusively and solely for the following provisions:
9.3.1 For non-insignificant defects, we shall, at our discretion, provide a replacement delivery, rectification, or issue a credit note,
in any case, we can freely dispose of the rejected goods at our discretion. Only in the event that a
remedial work or replacement delivery cannot be made or has failed, the buyer has the right to cancellation
of the contract or to a reduction of the purchase price. In the absence of the agreed quality, the statutory provisions shall apply,
however, our liability is limited to the damage that our assurance was intended to protect the buyer against.
Further claims are excluded unless we are guilty of intent or gross negligence. For a replacement delivery
does this mean the delivery time originally offered for the new procurement is expressly agreed, but if this takes too long for the purchaser,
he can withdraw from the contract. He thereby expressly waives claims for damages of any kind.
9.3.2 Information that we have published in our online shop about the delivery and service item or in tables to the purchaser
sent, or write by email or in the offer, or in the intended purpose (e.g., weights, utility value, hardness, dimensions, material)
merely represent descriptions or labels and not an agreed-upon quality, they are only guideline values. Only if expressly
guaranteed in writing, these properties apply. The same applies to the purchase by sample, where the properties of the approved sample apply.
sample or the approval sign. Insignificant deviations from previous deliveries, samples, or other information do not justify,
as long as it does not significantly impair the functionality presupposed by the contract, no claims shall arise for the purchaser. Unless
Unless otherwise agreed, customary deviations (e.g., in weight, color, finish, quality, thickness, size, material) remain reserved, provided that
otherwise agreed.
9.3.3 The following are considered defects for which we are not responsible:
9.3.3.1 Improper handling or use by the purchaser or third parties (e.g., improper use, non-
proper use or installation, excessively long or incorrect storage
9.3.3.2 Incorrect or other use of the delivery item than contractually or customarily intended
9.3.3.3 Use of improper external resources
9.3.3.4 Defectiveness of the place of use
9.3.3.5 Modifications made by the buyer to the delivery item
9.3.3.6 If the buyer has not complied with the regulations regarding the handling, maintenance, and care of the purchased item (e.g., operating instructions).
9.3.4 Only insofar as intent or gross negligence is attributable to us, our employees, or vicarious agents, shall we be liable, insofar as
without prejudice to any other limitations of liability in these terms, for claims for damages of any kind, including for fault in
conclusion of the contract, tort (§§ 823 ff. BGB [German Civil Code]), and breach of contract. In any case, our liability is limited to
damage typically occurring and foreseeable according to the intended use. In this regard, we can demand that, in accordance with the principle of good faith,
the nature, duration, and scope of the business relationship as well as the unit value of our goods must also be appropriately taken into account. Also for the
For the execution of trials and our verbal and written consulting, this liability regulation applies. The purchaser of our goods is obligated to,
verifying the suitability of our goods for the intended purpose, for which we assume no liability whatsoever.
9.4. For electric vehicles, the following rule expressly applies: We provide the parts during the warranty period, the buyer carries out the installation themselves or, if they cannot do it themselves, the buyer bears the costs for the installation. Wear parts such as tires, rubber parts, plastic parts, or brakes are not covered under warranties.
9.4.1 A warranty period of 6 months applies to rechargeable batteries.
9.4.2 The warranty claim expires in the following cases:
– if driving is no longer possible due to your own manipulation or errors
– the vehicle is dismantled by unauthorized persons
– using an incorrect charger
– missing proof of purchase date and seller
– Water contact, extreme temperatures, whether cold or heat
– Contact with chemicals
– Damage to the electrical system caused by water or frost
- Force majeure events (e.g., flood, lightning, earthquake)
– if the vehicle is resold. The warranty claim belongs solely to the buyer,
§ 10 Copyright
We hold the copyright to all images, videos, and texts published in our online shop. The use of images, videos, and texts is not permitted without our express consent.
§ 11 Dispute Resolution Proceedings
We do not participate in dispute resolution proceedings before a recognized consumer arbitration board.
§ 12 Final provisions - Consumers
12.1 The relationships between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany. If the customer is a consumer (see Section 1.3 of these General Terms and Conditions), this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory consumer protection provisions of the state in which the consumer has his or her habitual residence.
12.2 It is hereby expressly agreed that, provided the customer is a consumer, the place of performance is the principal place of business of ATH Technik (proprietor: Jutta von der Heide, 48477 Hörstel) or ATH Technik GmbH (proprietor: Henrik von der Heide, 30161 Hannover). For all disputes arising from or in connection with the purchase agreement of ATH Technik or ATH Technik GmbH, it is hereby expressly agreed that the place of jurisdiction is the principal place of business of ATH Technik (proprietor: Jutta von der Heide, 48477 Hörstel), i.e., the competent Local Court (Amtsgericht) of Ibbenbüren, or ATH Technik GmbH (proprietor: Henrik von der Heide, 30161 Hannover), i.e., the Local Court of Hannover, provided the customer is an entrepreneur or commercial business operator. It remains at the discretion of ATH Technik, proprietor Jutta von der Heide, to sue the customer at their general place of jurisdiction, if applicable.
12.3 The legal invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
12.4 Exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG): The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. German national law shall apply exclusively, excluding the provisions of private international law.
Terms and Conditions for Business Customers
As of February 2024
ATH Technik
Prop. Jutta von der Heide
Raiffeisenstr. 6
48477 Hörstel
ATH Technik GmbH
Prop. Henrik von der Heide
Bödekerstraße 1
30161 Hannover
§1 Scope of application, customer
1.1 Business customers are customers who act in the exercise of their commercial or independent professional activity.
1.2 The following terms and conditions of sale and delivery apply to all purchase contracts concluded via the „ATH Technik“ webshop and to all orders received by us via email or placed by telephone. The following conditions alone apply to all our deliveries and services, even if we do not explicitly refer to them in the future. At the latest by accepting the delivered goods, the buyer declares their agreement with the validity of these General Terms and Conditions; even if they ordered subject to their own purchasing conditions, their purchasing conditions shall not apply, and the buyer expressly declares their willingness to accept our Terms and Conditions with their order. If the customer receives an order confirmation, they have the opportunity to object to it within 24 hours; if they fail to do so, they have likewise irrevocably agreed to our Terms and Conditions, even if they placed the order subject to their own purchasing conditions.
1.3 Our offers are subject to change without notice, and prior sale is always reserved. We are only bound by our written order confirmation.
1.4 The Purchaser's terms and conditions of purchase shall apply exclusively only if expressly confirmed by us in writing.
Agreements differing from our order confirmation require our written confirmation.
§2 Contracting Parties
2.1 ATH Technik, owner: Jutta von der Heide, Raiffeisenstr. 6, 48477 Hörstel in Germany is the customer's contractual partner and ATH Technik GmbH, Bödekerstraße 1, 30161 Hannover in Germany, Managing Director: Henrik von der Heide.
2.2. For questions and any other concerns, ATH Technik can be reached by phone Monday to Thursday from 8:30 a.m. to 5:00 p.m. and Friday from 8:30 a.m. to 3:00 p.m., or 24 hours at: info@ath-technik.de
§ 3 Prices
3.1 The prices in accordance with our order confirmation are legally binding and valid without any other discounts. If express shipping is requested contrary to the order confirmation, these costs shall be borne by the customer. If taxes and other duties are changed or newly introduced, the purchase price shall change accordingly with immediate effect, even if a fixed price was agreed.
3.2 The customer is only entitled to set-off if counterclaims have been legally established or recognized by us. A right of retention may only be exercised by the customer if their counterclaim is based on the same contractual relationship.
§ 4 Ordering or purchasing process and conclusion of the purchase contract via our online shop
Our general terms and conditions expressly apply here; for consumers, our general terms and conditions for consumers apply, and for business customers, the general terms and conditions listed here apply.
§5 Delivery Times
5.1 Delivery times are approximate only and are not legally binding.
5.2 If the purchaser fails to fulfill its obligations to cooperate, or if we are prevented from delivering due to unforeseen or extraordinary disruptions in operations or shipping at our facility or that of our suppliers, subcontractors, or carriers, or due to labor disputes, the delivery time shall be extended accordingly. The same applies to any corresponding impediment on the part of the customer with regard to its obligation to accept delivery. If delivery is not made within a reasonable extension of the delivery period or if delivery is impossible, the customer shall have exclusively the right to rescind the contract. There is no right of withdrawal for goods that were specially ordered for the customer or manufactured according to the customer’s drawings. The customer hereby expressly agrees that under no circumstances shall they be entitled to compensation for damages of any kind. If the customer has ordered goods manufactured according to their specifications or drawings and has made a down payment for them, the down payment will not be refunded in the event of the customer’s insolvency, nor does the customer have any claim to a partial delivery. In the event of a currency reform, down payments will not be converted nor offset against goods; in the event of a currency reform, the customer has no right to compensation or delivery.
5.3 If we should nevertheless be in default, the Purchaser shall be entitled to withdraw from the contract after the fruitless expiry of a reasonable grace period that is proportionate to the originally offered delivery period; claims for damages due to non-performance as well as for compensation for damages caused by delay, or claims for damages of any kind whatsoever, are expressly excluded, and the Purchaser expressly agrees to this by placing their order. In the case of goods specially manufactured for the customer, there is no right of withdrawal and no claim for damages of any kind if the delivery is not made on time.
§ 6 Acceptance
6.1 If acceptance has been agreed upon under special conditions, the purchaser must carry it out at its own expense.
6.2 Deliveries are made ex works, and the risk passes to the purchaser upon notification of readiness for dispatch.
If there are no complaints upon acceptance, or if the purchaser fails to carry out the acceptance, the goods shall be deemed to have been delivered in conformity with the contract upon leaving the seller's premises.
§7 Passing of Risk
With the notification of readiness for dispatch, all risk passes to the buyer, at the latest, however, when the goods leave the supplier, even in the case of delivery by our freight forwarder or by our shipping company or by ourselves.
§ 8 Liability and Warranty
8.1 For buyers, the statutory warranty period of 2 years is limited to 1 year from the transfer of risk. A warranty of 6 months applies to rechargeable batteries.
8.2 Complaints regarding defective or incomplete delivery must be notified to us in writing, in the case of obvious defects immediately, at the latest within 6 working days after receipt of the goods. Likewise, defects must be notified to us in writing prior to installation, further processing, or resale. Complaints regarding transport damage must be asserted by the buyer directly against the transport company within the periods provided for this purpose, but at the latest after 48 hours, otherwise the claim shall expire.
8.3 We provide a warranty for our deliveries and services exclusively under the following terms:
8.3.1 For defects that are not insignificant, we shall, at our discretion, provide a replacement delivery, rectification, or credit, and in any case we may freely dispose of the rejected goods at our discretion. Only in the event that rectification or replacement delivery cannot take place or has failed shall the buyer have the right to rescind the contract or reduce the purchase price. In the absence of the agreed quality, the statutory provisions shall apply, provided, however, that our liability is limited to the damage against whose occurrence our guarantee was intended to protect the buyer. Further claims are excluded unless we are guilty of intent or gross negligence. For a new delivery, the delivery time offered at the time is hereby expressly deemed agreed, and for re-procurement expressly agreed; if this takes too long for the buyer, they may withdraw from the contract, thereby expressly waiving claims for damages of any kind.
8.3.2. The following regulation applies to electric vehicles. Since these are vehicles for self-assembly, we will provide the parts during the warranty period; the buyer shall carry out the installation themselves or, if they are unable to do so themselves, the buyer shall bear the costs of the installation. Wear parts such as tires, rubber parts, plastic parts, or brakes are not covered by the warranty. The warranty claim expires:
– if it can no longer be found due to one's own tampering or error
– the vehicle is dismantled by unauthorized persons
– using an incorrect charger
– missing proof of purchase date and seller
– Water contact, extreme temperatures, whether cold or heat
– Contact with chemicals
– Damage to the electrical system caused by water or frost
– Events of force majeure (e.g., flood, lightning, earthquake)
– if the vehicle is resold, the warranty claim belongs solely to the buyer
8.3.3 Details that we have published about the delivery and service item in our online shop or sent to the purchaser in tables, or written by email or in the quotation, or in the intended use (e.g. weights, utility value, hardness, dimensions, material) merely represent descriptions or markings and not an agreed quality; they are only guideline values. These properties shall only apply if they have been expressly guaranteed in writing; the same applies to purchases by sample, in which case the properties of the approved sample or the approval drawing shall apply. Insignificant deviations from earlier deliveries, samples or other details shall not give rise to any claims by the customer, provided they do not substantially impair the functionality presupposed by the contract. Unless otherwise agreed, customary deviations (e.g. weight, color, finish, quality, thickness, size, material) shall remain reserved, unless otherwise agreed.
8.3.4 A defect for which we are not responsible exists in the following cases:
1. Improper handling or use by the purchaser or by third parties (e.g., improper use,
improper use or installation, storage that is too long or incorrect
2. Improper use or use of the delivery item other than that contractually or customarily intended
3. Use of improper foreign materials
4. Defectiveness of the place of use
5. Modifications made by the buyer to the delivery item
8.3.5 Unless intentional or grossly negligent conduct is attributable to us, our employees, or our vicarious agents, we shall be liable for damages of any kind—including for culpa in contrahendo, tort (Sections 823 ff. of the German Civil Code [BGB]), and breach of contract (positive Vertragsverletzung)—subject to any other limitations of liability contained in these terms and conditions. In any event, our liability is limited to the typically foreseeable damage corresponding to the intended use. In this regard, we may demand that the nature, duration, and scope of the business relationship, as well as the unit value of our goods, be taken into appropriate account in accordance with the principles of good faith. This limitation of liability also applies to the execution of trials and our oral and written advice. The purchaser of our goods is obligated to verify the suitability of our goods for the intended purpose; we assume no warranty whatsoever for this.
§ 9 Retention of Title
9.1. Until the fulfillment of all present and future claims arising from business relations with the purchaser, the goods shall remain our property. This includes release from contingent liabilities entered into with the purchaser on the basis of the contract.
9.2. The goods owned by us (reserved goods) must be labeled by the buyer and stored separately.
9.3. If the goods subject to retention of title are processed or transformed, the buyer shall do so for us without any obligations arising for us therefrom. If the buyer has commingled, mixed, processed, or combined our goods subject to retention of title with other goods, we shall be entitled to co-ownership of the resulting goods in the proportion of the invoice value of our goods that were commingled, processed, mixed, or combined. For the purposes of this agreement, the goods in question shall be deemed goods subject to retention of title.
9.4. Provided that the buyer secures our extended retention of title (assignment of claims pursuant to 9.5.), a resale of the goods subject to retention of title is permissible in the ordinary course of business.
9.5. The Purchaser hereby assigns to us in advance, in full, all claims arising from the resale of the goods subject to retention of title or claims to which the Purchaser is entitled on any other legal grounds. In the event of co-ownership, the assignment only covers the portion of the claim corresponding to our ownership pursuant to 9.3. If the aforementioned claims are introduced by the Purchaser into a current account relationship, the current account claims are hereby assigned to us in full. Following the balancing of accounts, the balance shall take their place, which shall be deemed assigned up to the amount represented by the original current account claims; upon termination of the current account relationship, this shall apply mutatis mutandis to the final balance.
9.6. The buyer is authorized to collect the assigned claim only in the ordinary course of business and only until revocation. Upon request, the debtor shall notify the assignment, and we are also entitled to notify the assignment at any time.
9.7. In the event of non-compliance with the terms of payment, unauthorized disposal of bills of exchange and checks, or if insolvency proceedings are or have been applied for against the purchaser, the purchaser's authorization to dispose of the retention-of-title goods as well as to mix, blend, process, and combine the retention-of-title goods shall expire. In such cases, the authorization to collect the assigned receivables shall also expire. In these cases, we are entitled to take possession of the retention-of-title goods without setting a subsequent deadline or declaring withdrawal from the contract, to enter the purchaser's business premises for this purpose, to request relevant information, and to inspect their books in order to secure our rights. A withdrawal from the contract shall only be deemed to exist upon the repossession if we expressly declare this.
9.8. If the value of the security provided to us exceeds the total amount of our claims by more than 20%, we are obligated, at the customer’s request, to release the excess security at our discretion.
9.9 The Customer shall notify us immediately of any impending or completed interventions by third parties regarding the goods subject to retention of title or assigned claims. The Customer shall bear the costs of the interventions.
§10 Right of Return
As a commercial customer, you have no right of return.
§ 11 Terms of Payment
11.1 The payment terms according to our order confirmation apply. Should the economic conditions at the customer's premises or globally change, we are entitled to adjust and change our payment terms. The same applies if the customer has not paid the last invoice or invoices on time.
11.2 Should the customer have made a down payment on an order and a currency reform or currency change occur prior to the delivery of the order, the down payment amount shall be forfeited. The ordering party shall have no claim to any part of the goods, nor to the offsetting or compensation of the amount.
§12 Final Provisions
12.1 The place of performance for the customer's payment obligations is Hörstel or Isernhagen, depending on where you placed your order.
12.2 The exclusive place of jurisdiction for all legal disputes shall be Ibbenbüren or Hanover, also for proceedings involving bills of exchange and cheques. We shall also be entitled to sue the customer at their general place of jurisdiction.
12.3. The laws of the Federal Republic of Germany shall apply exclusively to all legal relationships between the purchaser and us, excluding the uniform laws on the international sale of goods.
12.4 The legal invalidity of individual provisions of these General Terms and Conditions or other contractual conditions shall not affect the invalidity of the remaining conditions.
12.5 Exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG): The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. German national law shall apply exclusively, excluding the provisions of private international law.
