Terms and conditions

1. General

1.1. The following terms of sale, delivery and payment are decisive for the mutual rights and obligations.

1.2. This applies to the contractual relationships to be entered into now and in the future, even if our general terms and conditions should contradict an order letter from the customer. Deviating terms and conditions of the customer are only binding for us if we expressly acknowledge them in writing for the business concerned. The same applies to commercial customs and industry practices. If the customer's deviating terms and conditions are not accepted in writing, they will not become part of the contract even if we do not expressly object to them.

1.3. Verbal, telephone or telegraphic side agreements, changes or additions to the following sales, delivery and payment conditions require our written confirmation to be effective


2. Offers and conclusion

2.1. Our offers are subject to change. Conclusions and agreements only become effective with our written confirmation. The images in our web shop and catalogs are non-binding and may differ from the original product.

2.2. Our deliveries and services are carried out at the prices and conditions of the written order confirmation and in accordance with the price list valid at the time the contract was concluded. In cases of doubt, the written order confirmation has priority. Unless otherwise agreed in individual cases, the prices are ex works without discount and other discounts plus the statutory and valid sales tax.


3. Delivery and delay in delivery

3.1. Deliveries are made ex works including packaging.

3.2. We strive to meet delivery times. However, the dates and deadlines specified by us are non-binding, unless expressly agreed otherwise. If binding delivery times have been expressly agreed with the customer in individual cases, they refer to the dispatch of the goods ex works. Delivery periods do not begin before the customer's existing cooperation obligations have been fulfilled, e.g. Provision of the documents to be procured by him, and also not before the payment of agreed down payments.

 3.3. Force majeure and other events beyond our control, such as e.g. Traffic and operational disruptions, strikes, lockouts, delivery delays on the part of our suppliers, lack of raw materials, goods or energy, measures by state authorities as well as import and export restrictions entitle us to postpone the delivery date or delivery period accordingly or, if the aforementioned events seriously affect the fulfillment of the order questioned or becomes impossible to withdraw in whole or in part from the contract without the purchaser being entitled to claims for damages.

3.4. We are entitled to perform the service to be performed in part deliveries and to invoice accordingly.

3.5. If the goods are sold on call, the call must be made within 6 months. After this period, quantities that have not yet been accepted will be automatically delivered and invoiced.


4. Terms of payment

4.1. Unless special agreements have been made, our invoices are due depending on the type of payment:

  • by advance payment (PayPal, credit card)
  • 14 days net (invoice, only for commercial end customers)

 Any cash discounts that have been agreed presuppose that any current account balance is balanced and that there are no claims from previous services against the customer. Discounts require written confirmation

4.2. If the purchaser does not pay on the due date, we are entitled to demand interest of 3.5% above the relevant Bundesbank discount rate from the due date. Our right to claim further damage remains unaffected. In this case, we are also entitled to make further deliveries only against advance payment. Advance or advance payments do not bear interest.

4.3. Payments only release debts if they are made to our parent company or to our employees with direct debit mandate.

4.4. We can withdraw payment terms and credit lines at any time without giving reasons.

4.5. Offsetting against counterclaims is only permitted if they have been legally established or are undisputed. The assertion of rights of retention is excluded.

4.6. Delay on the part of the customer or the becoming known of a significant deterioration in his financial situation entitle us to immediately stop deliveries, to refuse to fulfill current contracts and to immediately pay all claims arising from the business relationship.


Ladies and Gentlemen

We ask for your understanding that from now on we will only look after B2B customers and will discontinue
our private customer business.

ESD Protect GmbH