Terms of service

1. General Provisions

(1) The following General Terms and Conditions (GTC) apply to all current and future contracts, deliveries, and other services provided by Industrialresell, owner Burak Yildirim, Pfannkuchstraße 5, 76185 Karlsruhe (hereinafter: Industrialresell), to its commercial customers via the offer platform www.industrialresell.de. No sales are made to consumers. The version of the GTC valid at the time of the order shall apply in each case.

(2) Any deviating provisions of customers are hereby rejected. Industrialresell acknowledges deviating conditions only if expressly agreed in writing. Agreements made with the customer on a case-by-case basis (including ancillary agreements, supplements, and amendments) shall in all cases take precedence over these terms and conditions. Verbal agreements and assurances made by our employees in connection with the conclusion of a contract shall only become binding upon our written confirmation.

 

2. Contract Content and Formation

(1) Product descriptions contained in the online shop do not constitute binding offers by Industrialresell, but serve to invite the customer to submit a binding offer. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the cart by clicking the button that concludes the ordering process. 
(2) Verbal orders are not accepted. All offers by Industrialresell are non-binding. Deviations and technical changes from illustrations or descriptions are possible.
(3) Industrialresell directs its offer exclusively to commercial customers who have verified their status prior to ordering by submitting a trade licence issued in their name. Orders from non-commercial customers are not accepted by Industrialresell.
(4) The contract is concluded upon acceptance of the order by Industrialresell. Industrialresell notifies the customer of order acceptance by e-mail. If the customer has selected advance payment or cash on delivery as the payment method, order acceptance is subject to timely payment in accordance with § 4 para. 2 of these GTC.
(5) If a payment method offered by PayPal is selected, payment processing is carried out by 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 hold a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button concluding the ordering process.
(6) We reserve the right to decline orders if fulfillment of the order would infringe third-party rights or violate applicable law. In such cases, the customer will be notified of the rejection by e-mail.

 

3. Prices

(1) Unless otherwise stated in the product description, all prices quoted are net prices. VAT is shown separately unless the goods are subject to the margin scheme pursuant to § 25a UStG. Packaging, shipping, loading, insurance (in particular transport insurance), customs duties, and other charges will be invoiced separately where applicable.
(2) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, bank transfer charges (e.g., wire transfer fees, currency conversion fees) or import duties and taxes (e.g., customs duties). Such costs relating to money transfers may also arise when the delivery is not made to a country outside the European Union but the customer initiates payment from a country outside the European Union.

 

4. Payment

(1) The customer has access to various payment options as specified in the seller's online shop.
(2) If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

 

5. Delivery, Reservation of Self-Supply, and Transfer of Risk

(1) Unless otherwise contractually agreed, ordered goods will be delivered to the address specified by the customer. Industrialresell reserves the right to make partial deliveries where this appears advantageous for prompt processing and is not unreasonable for the customer. Special shipping arrangements requested by the customer will be charged separately by agreement.
(2) Delivery period information is non-binding unless Industrialresell has exceptionally provided a binding delivery date. Goods held in stock will be dispatched by Industrialresell within 3 business days. If goods are marked as not in stock at the time of ordering, Industrialresell will endeavour to deliver as quickly as possible. Should non-compliance with a delivery or performance deadline be attributable to force majeure, industrial action, unforeseeable obstacles, or other circumstances beyond Industrialresell's control, the deadline shall be extended by a reasonable period.
(3) Industrialresell reserves the right to withdraw from the contract in the event of incorrect or non-conforming self-supply. This applies only where the non-delivery is not attributable to Industrialresell and Industrialresell has concluded a specific covering transaction with the supplier with due diligence. Industrialresell will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without delay and any consideration already paid will be refunded promptly.
(4) Risk of accidental loss and accidental deterioration of the sold goods, including risk of seizure, transfers to the buyer upon handover of the goods to a freight forwarder or carrier, but no later than when the goods leave the warehouse – for all transactions, including carriage-paid and delivered duty paid shipments. Insurance is arranged only upon instruction and at the expense of the buyer. Responsibility and costs of unloading are borne by the buyer.
(5) In the event of force majeure affecting contract performance, the seller is entitled to postpone delivery for the duration of the impediment and, in the case of prolonged delays, to withdraw from the contract in whole or in part, without any claims arising against the seller as a result. Force majeure includes all events unforeseeable by the seller, or events which – even if foreseeable – are beyond the seller's control and whose impact on contract performance cannot be prevented by reasonable efforts on the seller's part. Any statutory rights of the customer remain unaffected.

6. Retention of Title, Set-Off

(1) Delivered goods remain the property of Industrialresell until all claims arising from the ongoing business relationship between Industrialresell and the customer have been settled in full.
a) Industrialresell retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security of the reserved goods is not permitted prior to transfer of title.
b) The customer may resell the goods in the ordinary course of business. In such case, the customer hereby assigns to Industrialresell all claims arising from the resale up to the invoice amount; Industrialresell accepts this assignment. The customer remains authorised to collect the assigned claim. However, should the customer fail to duly meet its payment obligations, Industrialresell reserves the right to collect the claim directly.
c) In the event of combination or commingling of the reserved goods, Industrialresell acquires co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other items processed at the time of processing.
d) Industrialresell undertakes, upon the customer's request, to release securities to which it is entitled to the extent that the realisable value of the securities exceeds the secured claim by more than 10%. The selection of securities to be released shall be at Industrialresell's discretion.
(2) The customer is entitled to set off claims only if its counterclaims have been acknowledged by Industrialresell or established by final and binding court decision. The customer is entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.

 

7. Liability for Defects

(1) Where defects exist – e.g., manufacturing defects or damage – the customer's statutory warranty rights apply in accordance with the following provisions. Liability for the suitability of the purchased item for ordinary use and for its usual characteristics (objective requirements pursuant to § 434 para. 3 BGB) is assumed only where this has been confirmed in text form.

(2) For new goods, the limitation period for defect claims is one year from delivery. For used goods, rights and claims for defects are excluded.
(3) The foregoing limitations of liability and reductions of limitation periods do not apply
- to items used in accordance with their customary purpose in a building structure and which have caused its defectiveness,
- to damages attributable to us arising from culpable injury to life, body, or health, and to other damages caused intentionally or through gross negligence;
- where the seller has fraudulently concealed a defect or has given a guarantee as to the quality of the item, and
- to the right of recourse pursuant to § 445a BGB.
(4) In the event of subsequent performance, Industrialresell has the right to choose between rectification and replacement delivery. If replacement delivery is impossible or unreasonable pursuant to § 275 paras. 1 to 3 BGB, Industrialresell may withdraw from the purchase contract and refund the purchase price.
(5) In the case of rectification, Industrialresell is not required to bear the additional costs arising from transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
(6) The customer must inspect the delivered goods promptly upon receipt and notify Industrialresell in writing or by e-mail of any identified defects, with a precise description, within 14 days. If the customer fails to give such notice, the delivered goods shall be deemed approved, unless the defect was not identifiable upon inspection. If such a defect becomes apparent later, it must be reported to Industrialresell promptly upon discovery, with a precise description, in writing or by e-mail; otherwise the goods shall be deemed approved with respect to that defect as well.
(7) In all other respects, the statutory provisions shall apply with regard to warranty, in particular §§ 377 et seq. HGB.

 

8. Liability

(1) Outside liability for material and legal defects, Industrialresell's liability is unlimited where the cause of damage is based on intent or gross negligence. Industrialresell is also liable for slightly negligent breaches of material obligations (obligations whose breach jeopardises the achievement of the contractual purpose) and cardinal obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the customer regularly relies), but in each case only for foreseeable, contract-typical damage. Industrialresell is not liable for slightly negligent breaches of obligations other than those specified above.

(2) The liability limitations set out in the preceding paragraph do not apply in cases of injury to life, body, or health, in cases of a defect following the assumption of a guarantee as to the quality of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) Where Industrialresell's liability is excluded or limited, this shall equally apply to the personal liability of its employees, agents, and vicarious agents.

 

9. Choice of Law

(1) The business relationship between Industrialresell and its customers is governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered place of business