Allgemeine Geschäftsbedingungen

General Terms and Conditions of Sale for Business Customers of coralsands

1. general - scope of application

The following General Terms and Conditions of Business apply to the exclusion of other general terms and conditions for the business relationship only vis-à-vis entrepreneurs, legal entities under public law and special funds under public law within the meaning of § 310 para. 1 BGB (German Civil Code). The version valid at the time of your order shall be authoritative. Rights to which we are entitled according to the statutory provisions beyond these General Terms and Conditions shall remain unaffected.

2 Conclusion of contract

All offers on our Internet pages are non-binding and subject to change. This applies in particular to prices, illustrations and brochures. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable.

By placing an order for goods with us (also by clicking on the Send order button in the online shop), the entrepreneur bindingly declares that he wishes to purchase the ordered goods. We shall be entitled to accept the contractual offer contained in the order placed with us or with one of our representatives within two weeks of receipt by us. Acceptance may be declared either in writing or by delivery of the goods to the entrepreneur.

The conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that the non-delivery is caused by an obstacle for which we are not responsible, in particular in the event of the conclusion of a congruent hedging transaction with our supplier. The entrepreneur shall be informed immediately of the non-availability of the service. The consideration, if already paid, will be refunded immediately or sent with the next order.

3. default of acceptance

If the entrepreneur defaults on his obligation to accept the goods when they are properly made available, we shall be entitled to demand compensation or to withdraw from the contract after the expiry of a grace period of at least 10 days.

4 Warranty and liability

If there is a defect in the delivery item at the time of transfer of risk, the purchaser may demand subsequent performance either by rectification of the defect or by replacement delivery. If the type of supplementary performance chosen by the orderer is disproportionate, the seller may choose the respective other type of supplementary performance. If this is also disproportionate or if the seller is not in a position to provide subsequent fulfilment or if this is delayed beyond a reasonable period of time or if subsequent fulfilment fails in any other way, the orderer shall be entitled, at its discretion, to withdraw from the contract or to demand a reduction in the purchase price.If subsequent fulfilment fails, the entrepreneur may in principle demand, at its discretion, a reduction in the remuneration (reduction) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the entrepreneur shall not be entitled to withdraw from the contract.

The entrepreneur must notify us in writing of obvious defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

Any further liability on the part of the Seller shall be excluded, irrespective of the legal nature of the asserted claim, insofar as it is based only on slight negligence.
Complaints and liability, warrantyThe warranty period of 24 months begins with the transfer of risk. Furthermore, a guarantee applies within the framework of the guarantee provisions of the respective manufacturer. Only the direct purchaser is entitled to warranty claims. The warranty service is limited to the respective delivery item and shall be effected at the discretion of Coralsands by replacement or replacement/repair. No warranty is given for damage resulting from improper handling or for normal wear and tear. No liability is accepted for any consequential damage arising from the operation or use of individual products. We reserve the right to make technical changes in the interest of product progress and improvement. Please note that returns under guarantee must be sent postage paid. Coralsands will not accept freight collect shipments. In the event of a return shipment, please contact Coralsands in advance. 4. Transport DamageThe risk of accidental loss or deterioration of the goods shall pass to the purchaser when the shipment is handed over to the transport company. All shipments and deliveries are insured by us. The insurance charges are included in the shipping costs. The goods must be checked for completeness and any damage immediately upon receipt. Transport damage must be reported to the responsible transport company within 24 hours.

This exclusion of liability shall not apply in the event of a breach of a guarantee or a material contractual obligation or in the event of a breach of the Product Liability Act or the absence of a guaranteed quality. In the event of a breach of a material contractual obligation, however, liability shall be limited to the typically foreseeable damage.

The entrepreneur does not receive guarantees in the legal sense from us. Manufacturer's guarantees remain unaffected by this.

5 Transfer of Risk - Shipment

Shipment shall be effected exclusively for the account and at the risk of the entrepreneur. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

The handover shall be deemed to have taken place if the entrepreneur is in default of acceptance.

If the entrepreneur does not indicate a special shipping request, we shall ship the goods using the shipping method we deem suitable.

Any transport damage found must be reported immediately and the goods must be sent to us with a declaration of acknowledgement by the forwarding agent, post office, railway or other parcel service, photos and a declaration of assignment by the entrepreneur. After this, a replacement delivery can be made by us, insofar as the prerequisites for a claim against the transport company are given and the entrepreneur has submitted all the documents and information required for this.

6 Remuneration

After delivery of the goods to the entrepreneur, the invoice will be issued. We grant a 2% discount on the pure value of the goods in the case of payment by direct debit. In case of payment by invoice, the invoice amount is due net without any deduction. The day of payment shall be the day on which we can dispose of the money. A cash discount deduction is not permitted.

In the case of sale by delivery to a place other than the place of performance, the purchase price shall be understood to be exclusive of transport costs (see § 5 para. 1).

We are not obliged to accept bills of exchange or cheques.

The entrepreneur shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The entrepreneur may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

If payment is delayed, we shall be entitled to exclude the entrepreneur from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention. In exceptional cases, in particular if the entrepreneur is in urgent need of the delivery, which he must immediately notify and prove after assertion of the right of retention, a delivery will be made after advance payment or cash on delivery after confirmation has already been issued by us.

In the event of return debit notes, we shall charge the entrepreneur the bank charges per return debit note and at least a processing fee of €10.00. In addition, we reserve the right to set the entrepreneur to the advance payment method in the event of return debit notes.

7. retention of title

We reserve the right of ownership to all goods delivered by us until the entrepreneur has settled all claims arising from the current business relationship in full.

The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment.

The entrepreneur is obliged to treat the goods with care. Insofar as maintenance and inspection work is necessary, the entrepreneur must carry this out regularly at his own expense.

The entrepreneur is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. Furthermore, in the event of seizure of the goods subject to retention of title or of claims assigned to us by third parties, the entrepreneur undertakes to immediately inform the seizing party as well as the enforcement authorities involved, both verbally and in writing, of our rights (retention of title) and also to do everything else to safeguard our rights. The entrepreneur must also immediately notify us of a change of possession of the goods and of his own change of residence or location, insofar as retention of title still exists. Upon request, the entrepreneur shall at any time prove where the goods subject to retention of title are located.

We are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of contract by the entrepreneur, in particular in the event of a delay in payment or a breach of an obligation in accordance with paragraphs 3 and 4 of this provision.

The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If processing is carried out with objects that do not belong to us, we shall acquire co-ownership of the new object in proportion to the value of the goods delivered by us to the other processed objects. The same shall apply if the goods are mixed with other objects which do not belong to us. 8.

8. our identity

coralsands
Andreas Werner
Peter Sander Str. 43b
55252 Mainz Kastel
Germany

e-mail: info@coralsands.de
Tel. +49 611 880 8890
VAT ID: DE152405660

9. final provisions

The substantive law of the Federal Republic of Germany shall apply.

If the entrepreneur is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. The same shall apply if the entrepreneur does not have a general place of jurisdiction in Germany or if the entrepreneur's place of residence or habitual abode is unknown at the time the action is brought.

Should individual provisions of the contract with the entrepreneur, including these general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.