Shipping and return

I. General

The following terms and conditions shall apply to the business relationship between Carbonwerk (hereinafter: CW) and the principal (hereinafter: AG) exclusively, namely in the version applicable at the time of the order. Deviating general terms and conditions of the principal shall not apply, even if CW does not expressly object to them. Therefore, the applicability of third party general terms and conditions shall require the express declaration of CW.

II. Conclusion of contract

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Buy" / "Order subject to payment" on the page !!!!!!!!!!!, the ordering process is completed and the AG places a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract, but is only intended to provide an overview of the order data. CW may accept AG's order by sending an order confirmation by e-mail or by delivering the goods within two days. This concludes the contract.

III. Terms of payment

1. The prices quoted are inclusive of value added tax.
2. Payment of the agreed price shall be due immediately upon receipt of the invoice, subject to the provision in Clause 4. CW shall send an invoice with the order confirmation at the earliest. Cheques shall only be accepted on account of payment; the costs of collection shall be borne by the OP.
3. The OP shall be in default if the invoice amount is not received by CW on the 30th day after receipt of the invoice. This shall also be pointed out to the OP with each invoice. The amount of interest on arrears shall be governed by § 288 BGB. This shall not preclude the assertion of further damages.
4. The OP may only offset counterclaims that have been legally established, are undisputed or have been recognised by CW. Furthermore, the OP shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship. The OP shall not be entitled to a right of retention due to partial performance, even beyond § 320 para. 2 BGB, unless the OP is a consumer within the meaning of § 13 BGB.
5. If, after conclusion of the contract, insolvency proceedings are instituted against the assets of the principal or if the principal makes a declaration in lieu of an oath or if the principal is in default of payment due to another order placed with CW, CW shall be entitled, at the principal's option, to demand full payment or a corresponding security deposit prior to delivery and, in the event of non-payment/lack of security deposit, to withdraw from the contract within 14 days of such demand. If delivery has already taken place, the invoice amounts in question shall become due for payment immediately, irrespective of any agreed terms of payment.

IV. Delivery

1. The exact delivery times are stated on the product detail pages.
2. If CW cannot deliver or cannot deliver on time despite a covering transaction, CW may also withdraw from the contract, provided that CW is not responsible for the delay in delivery. Any purchase price already paid shall be refunded to AG. CW may at the same time offer to deliver a comparable product. Any further statutory rights of the OP shall remain unaffected.
3. Partial deliveries shall be permissible to an extent reasonable for the OP.
4. Delivery shall be worldwide. If delivery abroad is agreed, CW shall be released from the obligation to deliver against return of the purchase price if delivery to the recipient country is/will be prohibited due to official instructions, due to natural disasters or military conflicts or in the case of travel warnings by the foreign office.

V. Retention of title

1. CW shall retain title to the delivery items until receipt of all payments arising from the business relationship with the OP. If the principal is in default of payment, CW shall be entitled to reclaim the delivery items. The reclaiming or assertion of the retention of title does not require a withdrawal by CW. These actions or the seizure of the delivery item shall not constitute a rescission of the contract unless CW has expressly declared this in writing.
2. After taking back the delivery item, CW shall be entitled to realise it. In this case, the act of realisation shall constitute a declaration of rescission. The proceeds shall be credited against AG's liabilities, less reasonable costs of realisation.
3. In the event of seizure or other interventions by third parties, CW shall be notified by AG in writing without delay so that an action can be brought in accordance with § 771 of the Code of Civil Procedure.
4. AG shall only be entitled to resell the delivery items in the ordinary course of business; however, he hereby assigns to CW all claims in the amount of the final invoice amount (including value added tax) accruing to him from the resale against his customers or third parties. CW accepts the assignment. AG shall remain solely authorised to collect these claims even after the assignment. If AG is in default, if an application for the opening of insolvency proceedings has been filed or if it has suspended payments, the right to resell shall cease to exist. For delivery items already resold, the obligation not to collect shall cease to apply and CW may demand that OP discloses the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.
5. CW undertakes to release the securities to which it is entitled at CL's request to the extent that the realisable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent upon CW.