Terms and conditions

GTC / General Terms and Conditions § 1 Scope The following terms and conditions (GTC) apply for all business relations of the company between: XXL-Handel, Speicherstraße 11, 44147 Dortmund and the buyer of the supply of goods . Any conditional or different terms proposed by the buyer are objected to and will not be binding upon XXL-Handel unless assented in writing by XXL-Handel. § 2 Offer and conclusion of contract (1) Offers made by the vendor are not binding and subject to change. The presentation of the goods does not represent a binding offer of XXL-Handel. (2) If the seller fails to accept a purchase order within two weeks of it´s receipt, the purchaser shall be entitled to revoke such order at any time. § 3 Payments (1) The agreed prices are fixed prices and include, in addition to the rate of value added tax prevailing at the time. If a delivery is agreed, shipping costs will incurred. The level of charges are set out in the current price list. (2) The purchase price is due within 14 days without deduction after delivery. Upon acceptance of early shipments, the deadline shall begin with the agreed time of delivery at the earliest. § 4 Warranty / Liability The seller shall be liable for damages from simple negligence only resulting from breaches of material contractual obligations the fulfillment of which make the proper execution of the contract possibleand the observance of which the contractual partners regulary rely upon. In this case liability is however limited to typical foreseeable damages. XXL-Handel is not responsible for the easily negligent injury to other than the obligations specified in the managing sentences. The foregoing disclaimers of liability do not apply in the event of personal injury or impairment of human health. This does not affect liability under the Product Liability Act. § 5 Liability of the Seller The seller shall be liable for damages from simple negligence only resulting from breaches of material contractual obligations the fulfillment of which make the proper execution of the contract possibleand the observance of which the contractual partners regulary rely upon. In this case liability is however limited to typical foreseeable damages. XXL-Handel is not responsible for the easily negligent injury to other than the obligations specified in the managing sentences. The foregoing disclaimers of liability do not apply in the event of personal injury or impairment of human health.The Seller is only liable when the defect claims of the purchaser only exists if the purchaser has duly compiled with its inspection and complaint obligations owed to § 377 of the German Commercial Code. This does not affect liability under the Product Liability Act. § 6 Reservation of Ownership All goods shall remain the property of XXL-Handel until full payment of the agreed purchase price has been received. If the purchaser delays remittance of a due payment to us for longer than 10 days, XXL-Handel shall be entitled to cancel the contract with immediate effect. The customer is only entitled to resell the conditional goods in orderly business. If a resale takes place of products or parts, at this moment, the purchaser assigns his claim against the recipient of products or parts to XXL-Handel for the full amount . The purchaser is obliged upon request to give the seller the list of receivables belonging to him with the names and addresses of the consumers, the amounts of individual receivables, invoice date etc. and to provide the seller with all the information necessary for the enforcement of the transferred receivables and to allow the inspection of this information. If the value of the guarantee for the seller exceeds all his receivables by more than 10%, the seller is obliged upon request of the purchaser or third party damaged by excessive assurance of the seller is obliged to release the guarantees. § 7 Closing Provisions (1) Place of performance and exclusive place of jurisdiction for all deliveries and payments and all disputes ensuing between the parties fromo the contracts concluded between the parties is the registered seat of the buyer in as long as the seller is a merchant according to the German Commercial Code (HGB). (2) The relations between the contractual parties will be regulated exclusively in accordance with the laws applying in the Federal Republic of Germany. (3) If a provision is or becomes ineffective, the validity of the remaining provisions shall remain unaffected, unless because of the omission of single causes, one party becomes discriminated in an infeasible way, so that obseverance of the contract cannot be expected anymore.