Cancellation policy
1. RIGHT OF WITHDRAWAL
Consumers have a statutory right of withdrawal. For more information, see the cancellation policy of the seller.
1. reservation of availability
1.1 The seller is entitled to withdraw from a purchase contract if he has ordered the goods properly from a supplier, but has not been supplied correctly or in time (congruent hedging transaction) and is not responsible for the non-delivery. The Seller is obliged to inform the Customer immediately about the non-availability and to reimburse any consideration already received without delay.
1.2 The Seller does not assume any procurement risk and is only obliged to deliver from its stock of goods or the goods ordered from its suppliers.
2. RETENTION OF TITLE, RIGHT OF RETENTION
2.1 The delivered goods shall remain the property of the Seller until all claims arising from the contract have been fulfilled.
2.2 The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
3. MATERIAL DEFECT
3.1 The goods shall be free from material defects if they have the agreed quality at the time of transfer of risk. If the quality has not been agreed, the goods shall be free from material defects if they are suitable for the use provided for in the contract, otherwise if they are suitable for normal use and have a quality which is usual for goods of the same type and which the customer can expect according to the type of the goods.
3.2 The customer must prove that a material defect already existed at the time of the transfer of risk and that it did not result from wear and tear or improper handling after the transfer of risk.
3.3 If the customer is a consumer and a material defect becomes apparent within six months of the transfer of risk, it shall be presumed that the item was already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the item or the defect.
4. SUBSEQUENT PERFORMANCE
4.1 If the goods are defective, the customer may, at its option, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs.
4.2 The Seller may refuse the type of subsequent performance chosen by the Customer if it is only possible at disproportionate cost. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be resorted to without significant disadvantages for the customer shall be taken into account. In this case, the customer's claim shall be limited to the other type of supplementary performance; the seller's right to refuse this type of supplementary performance under the conditions of sentence 1 shall remain unaffected.
4.3 The Customer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the customer shall return the defective item.
5. WITHDRAWAL & REDUCTION
5.1 If the goods are defective, the customer may - if he has unsuccessfully set the seller a reasonable deadline for subsequent performance - withdraw from the contract.
5.2 No deadline need be set if the Seller has refused both types of subsequent performance or if the type of subsequent performance to which the Customer is entitled has failed or is unreasonable for the Customer. A remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.
5.3 Instead of withdrawing from the contract, the customer may reduce the purchase price by declaring this to the seller. In the event of a reduction, the purchase price shall be reduced in the ratio in which the value of the item in a defect-free condition would have been to its actual value at the time of conclusion of the contract. The reduction is to be determined - if necessary - by estimation. If the customer has paid more than the reduced purchase price, the additional amount shall be reimbursed by the seller.
6. COMPENSATION FOR DAMAGES AND EXPENSES
6.1 If the Seller does not deliver the goods or if the goods are defective and the Seller is responsible for this, the Customer may claim damages instead of performance if he has unsuccessfully set the Seller a reasonable deadline for performance or subsequent performance. If the Seller has rendered partial performance, the Customer may only claim damages in lieu of the entire performance if the Customer has no interest in the partial performance. If the Seller has not performed the service as owed, the Customer may not claim damages in lieu of the entire service if the breach of duty is insignificant.
6.2 The claim for delivery of the goods shall be excluded as soon as the customer has demanded damages instead of the goods. If the customer claims damages instead of the entire performance, the seller shall be entitled to reclaim what has been paid.
6.3 If a defective good causes damage to other legal assets of the Customer, the Seller shall only be obliged to compensate for the damage if the Customer was aware of the defect or could have been aware of it.
6.4 If the Customer's fault has contributed to the occurrence of a damage, the Seller's obligation to pay damages and the extent of the damages to be paid shall depend on the circumstances, in particular on the extent to which the damage was mainly caused by the Seller or the Customer. This shall also apply if the Customer's fault is limited to the fact that it failed to draw the Seller's attention to the risk of unusually high damage of which the Seller was neither aware nor should have been aware, or that it failed to avert or mitigate the damage.
6.5 Instead of damages in lieu of performance, the Customer may claim compensation for expenses incurred and reasonably expected to be incurred in reliance on the receipt of the goods, unless their purpose would not have been achieved even without the Seller's breach of duty.