Terms and conditions of Engel GmbH
1. Validity of the terms and conditions, Definitions
1.1. Our General Terms and Conditions apply solely; we do not recognize any of your terms and conditions that conflict with or differ from our General Terms and Conditions unless we have expressly agreed to their application.
1.2. Consumers within the meaning of these General Terms and Conditions are natural persons whose purpose of concluding contracts predominantly cannot be attributed to either their commercial or self-employed occupations.
1.3. Entrepreneurs within the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships with legal capacity acting in pursuance of their commercial or self-employed occupations when they concluded a contract with us.
2. Offer and Conclusion of contract
2.1. Our offers only adress persons which are full age and legally competent.
2.2. Our offers do not constitute any binding offer, but an invitation to submit an offer by the customer
2.3. The customer's order is a binding offer to conclude a contract. We are entitled to accept this offer within two business days. Acceptance shall be sent either by express statement to the customer or delivery of the goods.
2.4. The e-mail that is automatically generated once the customer has placed his/her order, and that confirms the receipt of the order, does not constitute an acceptance of the contract but simply serves to fulfill legal obligations to provide information.
3.1. Deliveries shall be effected to the address supplied by the customer.
3.2. If the customer is obligated to perform advance payment, performance times / delivery times stated in offers depend on the assumption that the customer has made the payment immediately after conclusion of the contract.
3.3. Delivery will be made as far as possible in one shipment. But we are entitled to make partial deliveries and partial services, if reasonable for the customer.
3.4. Mentioned delivery dates are no fixed delivery dates, unless we confirmed such a delivery date as fixed delivery date.
3.5. In the event of defaults of delivery occurring either at our premises or those of our suppliers/sub-contractors due to force majeure or due to circumstances that equal force majeure (such as currency, trade and other governmental measures, strikes, operational disruptions such as fire, defects in machinery, breakage, shortages of raw materials or energy) we are entitled to postpone the delivery by the duration of the impediment. If the delays render the execution of the contract unreasonable for the customer, he shall be entitled to rescind. In the event of a frustration that is not simply of a temporary nature we shall be entitled to rescind the contract.
4.1. Every offer is subject to self-supply; If the goods ordered are not available, because we are unpredictable and without default not supplied by our suppliers at the time of the conclusion of the contract, we have the right to release ourselves from the contract. In this case, we will inform the customer immediately that a delivery is not possible, and refund already received payments immediately. Towards consumers this right we only have this right, if we have concluded a cover transaction and were surprisingly not supplied from the supplier.
4.2. A liability for damages for non-performance is excluded, unless we have acted intentionally or grossly negligent regarding the lack of availability. Liability for pre-contractual negligence remains unaffected.
5. Prices, Transportation costs
5.1. Quoted prices are final prices inclusive of the respective current statutory value added tax.
5.2. Shipping costs are shown in the order process. For an overview of shipping costs click here.
6. Payment, Due date and Default
6.1. As a matter of principle we accept only the methods of payment that are listed in the order procedure.
6.2. The customer is, except in the case of cash on delivery or delivery on account, obligated to perform advance payment. In this case, the payment is due with the conclusion of the contract and receipt of the invoice or billing statement. When paying by cash on delivery or delivery on account the payment is due upon receipt of the goods and the invoice or billing statement.
7. Right of retention and Retention of title
7.1. The customer has a right of retention in so far as his counterclaim is based on the same contractual relationship.
7.2. The goods supplied shall remain our property until they are paid in full. In the event that third parties attach the reserved goods, the customer shall point out that the goods are our property and shall inform us immediately.
8. Liability for compensation
8.1. We shall accept liability for grossly negligent or intentional breach of duty.
8.2. If the customer is an entrepreneur, our liability for unintentional actions shall be limited to damage that was typically foreseeable when the contract was concluded. This limitation shall not apply in the event of damage to life, body and health. We are not liable for any other damage caused by slightly negligent defects of the item purchased. Any liabilities due to pre contractual breach of duty (culpa in contrahendo) or according to the Product Liability Law shall remain unaffected.
8.3. If the customer is a consumer, we shall accept liability for slight negligence only in the event of our infringement of material contractual obligations, however limited to damage that was foreseeable when the contract was concluded. This limitation shall not apply in the event of damage to life, body and health. We are not liable for any other damage caused by slightly negligent defects of the item purchased. Any liabilities due to pre contractual breach of duty (culpa in contrahendo) or according to the Product Liability Law shall remain unaffected.
8.4. Irrespective of any fault of ours we shall only accept liability in the event of maliciously concealing any defects or if we have undertaken to provide a guarantee or warranty. A manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by us.
8.5. We are also responsible for an impossibility to deliver occurring accidentally during the default period unless this damage would have also occurred in the event of timely delivery.
8.6. As far as our liability to compensate is excluded or limited, such exclusion or limitation shall also apply to the personal liability to compensate of our employees, representatives and vicarious agents.
9. Alternative Dispute Resolution
9.1 We do not participate in dispute settlement proceedings before a consumer arbitration board.
10. Final provisions
10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods ("CISG"). This choice of law does not apply, if the customer is a consumer and has no place of residence in Germany and mandatory regulations of the country the consumer has his place of residence in, prohibit such a choice of law.
10.2. If the customer is a merchant, legal entity under public law or public law special fund place of exclusive jurisdiction is Stuttgart.
10.3. Should any of the aforementioned provisions be invalid in whole or in part, the validity of the remainder of the clauses or parts of the clauses shall not be affected thereby.