Terms of service

1. General

(1) The following General Terms and Conditions (GTC) shall apply to all contracts, deliveries and other services of Industrialresell, owner Burak Yildirim, Ettlinger Str. 13, 76137 Karlsruhe (hereinafter: Industrialresell), including future contracts, deliveries and other services to its commercial customers on the www.industrialresell.de offer page . No sales are made to consumers. The version of the GTC valid at the time of the order shall always apply.

(2) Deviating provisions of the customer are hereby rejected. Industrialresell shall only recognize deviating terms and conditions if this has been expressly agreed in writing. Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions. Verbal agreements and assurances made by our employees in connection with the conclusion of the contract shall only become binding upon our written confirmation.

2. Content of the contract and conclusion of the contract

(1) The product descriptions contained in the online store do not constitute binding offers on the part of Industrialresell, but serve to submit a binding offer by the Customer. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
(2) A verbal order is not possible. All offers from Industrialresell are subject to change. Deviations and technical changes to the illustrations or descriptions are possible.
(3) Industrialresell's offer is aimed exclusively at commercial customers who have legitimized themselves by sending a trade license in their name before placing the order. Orders from customers other than commercial customers shall not be accepted by Industrialresell.
(4) The contract shall be concluded upon acceptance of the order by Industrialresell. Industrialresell shall inform the customer of the acceptance of the order by e-mail. If the customer has selected prepayment or cash on delivery as payment method, acceptance of the order shall be subject to timely payment in accordance with § 4 para. 2 of these GTC.
(5) If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
(6) We reserve the right to refuse orders if the rights of third parties are infringed or laws are violated during order processing. In this case, we will inform the customer of the order rejection by e-mail.

3. Prices

(1) Unless otherwise stated in the product description, the prices quoted are net prices. Value added tax is shown unless the goods are subject to differential taxation in accordance with § 25a UStG. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and taxes may be charged separately.
(2) For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4. Payment

(1) Various payment options are available to the customer, which are specified in the seller's online store.
(2) If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5. Delivery, reservation of self-delivery and transfer of risk

1) Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Industrialresell reserves the right to make a partial delivery if this appears advantageous for speedy processing and is not unreasonable. Special forms of shipment requested by the customer shall be invoiced separately by agreement.
(2) Information on the delivery period shall not be binding, unless Industrialresell has exceptionally promised a binding delivery date. Goods in stock shall be dispatched by Industrialresell within 3 working days. If the goods are marked as not in stock when the order is placed, Industrialresell shall endeavor to deliver the goods as quickly as possible. If non-compliance with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which Industrialresell is not responsible, the deadline shall be extended accordingly.
(3) Industrialresell reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that Industrialresell is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. Industrialresell shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.
(4) The risk of accidental loss and accidental deterioration of the goods sold, including the risk of confiscation of the goods, shall pass to the buyer for all transactions, including carriage paid and free domicile deliveries, when the goods are handed over to a forwarding agent or carrier, but at the latest when they leave the warehouse. We shall only provide insurance at the instruction and expense of the buyer. The obligation and costs of unloading shall be borne by the Buyer.
(5) In the event of force majeure affecting the performance of the contract, the Seller shall be entitled to postpone the delivery for the duration of the hindrance and, in the event of longer-term delays, to withdraw from the contract in whole or in part, without any claims against the Seller being able to be derived from this. Force majeure shall be deemed to be all events that are unforeseeable for the Seller or events that - even if they were foreseeable - are beyond the Seller's control and whose effect on the fulfillment of the contract cannot be prevented by reasonable efforts on the part of the Seller. Any statutory claims of the customer remain unaffected.

6. Retention of title, offsetting

(1) The delivered goods shall remain the property of Industrialresell until all claims arising from the current business relationship between Industrialresell and the customer have been settled.
a) Industrialresell shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to Industiralresell all claims in the amount of the invoice amount arising from the resale; Industrialresell accepts the assignment. The customer is further authorized to collect the claim. However, if the customer does not properly meet his payment obligations, Industiralresell reserves the right to collect the claim itself.
c) If the reserved goods are combined and mixed, Industiralresell shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) Industrialresell undertakes to release the securities to which it is entitled at the customer's request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. Industrialresell shall be entitled to select the securities to be released.
(2) The customer shall only be entitled to set-off if his counterclaims have been recognized by Industrialresell or have been legally established. The customer shall only be authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

7. Liability for defects

(1) Insofar as defects - e.g. production errors or damage - are present, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. Liability for the suitability of the purchased item for normal use and for the usual quality (objective requirements in accordance with § 434 para. 3 BGB) is only assumed if this has been confirmed in writing.

(2) For new goods, the limitation period for claims for defects is one year from delivery of the goods. In the case of used goods, rights and claims for defects are excluded.
(3) The above limitations of liability and shortening of the limitation period shall not apply
- to items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- to culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- in the event that the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item, as well as
- for the right of recourse in accordance with § 445a BGB.
(4) In the event of subsequent performance, Industrialresell shall have the right to choose between repair or replacement. If a replacement delivery pursuant to § 275 para. 1 to 3 BGB is not possible or not reasonable, Industrialresell may withdraw from the purchase contract and refund the purchase price.
(5) In the event of rectification of defects, Industrialresell shall not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
(6) The customer shall inspect the delivered goods immediately after delivery and notify Industrialresell in writing or by e-mail within 14 days of any defects found, giving a detailed description. If the customer fails to notify Industrialresell, the delivered goods shall be deemed approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, it must be reported to Industrialresell in writing or by e-mail immediately after discovery, giving a detailed description; otherwise the goods shall also be deemed to have been approved with regard to this defect.
(7) In all other respects, the statutory provisions shall apply with regard to the warranty, in particular §§ 377 et seq. HGB.

8. Liability

(1) Apart from liability for material defects and defects of title, Industrialresell shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. Industrialresell shall also be liable for the slightly negligent breach of material obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. Industrialresell shall not be liable for the slightly negligent breach of obligations other than those mentioned above.

(2) The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(3) If the liability of Industrialresell is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

9. Choice of law

(1) The business relations between Industrialresell and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller