Terms and Conditions of Sale and Delivery
1.1 Your contractual partner is objectiv GmbH & Co. KG. (hereinafter: “objectiv” or “we”). Sales or deliveries within the scope of the mail order business and Internet sales are made exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law in accordance with the following General Terms and Conditions of Sale and Delivery (hereinafter: Terms and Conditions of Delivery).
1.2objectiv delivery conditions apply exclusively. The validity of deviating and supplementary general terms and conditions issued by the customer is excluded, unless objectiv expressly agrees to their validity in writing. These terms of delivery shall also apply if objectiv carries out the delivery to you without reservation in the knowledge of your conflicting terms or terms that deviate from these terms of delivery.
1.3 The sale and delivery of products distributed by objectiv takes place within Germany (other countries only by prior arrangement).
2. Conclusion of contract
2.1 objectiv’s offers are subject to change unless we specify a period of validity that is binding for us. By placing an order for goods, you bindingly declare that you intend to purchase the ordered goods. Your order constitutes an offer to us to conclude a purchase contract. By placing an order for goods, you bindingly declare that you intend to purchase the ordered goods. Your order constitutes an offer to us to conclude a purchase contract. We will accept your order by sending an order confirmation by Email or -if expressly requested- by sending an original written order confirmation.
2.2 You can place your order by telephone, fax or via the Internet.
2.3The information provided on objectiv’s website – such as descriptions, illustrations, information on quality, quantity, weight, dimensions or performance – only serve to define the goods, are only approximately authoritative and do not constitute information on quality, unless they are expressly designated as binding in writing. The condition, suitability, qualification and function as well as the intended use of our goods shall be determined exclusively in accordance with our specifications and technical qualifications expressly marked as such. Public statements, recommendations or advertising by us or third parties do not constitute a statement of the quality of the goods.
2.4 Guarantees concerning the quality or durability of our goods must be expressly marked as such.
3. Delivery times and dates, transfer of risk
3.1 Delivery dates and delivery times are only binding if they have been confirmed in writing by objectiv.
3.2 Delivery of the goods will only take place after verification and approval of your customer data. As part of this verification, we will check that you are not excluded from sales or deliveries by us under clause 1.1. objectiv reserves the right not to conclude a contract with you if a release is not given by the credit insurer. In this case, we will inform you by telephone, Email, fax or letter.
3.3 Delivery times shall in no case commence before a down payment – if such has been agreed to in writing – has been received in our account.
3.4 Delivery will be made by a carrier to the delivery address you provided when placing your order. If the carrier does not find you on the first delivery attempt, it will leave a message with a proposed date for a new delivery. If no one is present at the second delivery attempt, you are obliged to arrange an appointment with the transport company by telephone within a period of 5 days.
3.5 objectiv reserves the right to make partial deliveries for justified reasons, unless you cannot reasonably be expected to accept partial deliveries. Likewise, objectiv reserves the right to deliver the improved product variant in the event of technical changes or further developments.
3.6 The risk shall pass to you at the latest when the goods are handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment. This shall also apply if partial deliveries are made or we have assumed other services (e.g. shipping or installation). If dispatch or delivery is delayed as a result of a circumstance caused by you, the risk shall pass to you from the day on which the goods are ready for dispatch and we have notified you of this.
4 Prices, terms of payment, retention of title
4.1 All prices on our website are net prices (excluding statutory VAT) in euros. For each order we charge a flat shipping fee of Euro 100 net for packaging, transport and insurance.
4.2 Parallel to the delivery of the goods, you will receive an invoice for the delivered goods and for any shipping and additional costs incurred. Delivery of the goods is usually made by invoice. Invoices are due in accordance with the terms stated on the OC and invoice and are payable to the account stated on the invoice. Prepayment – Here you have the option to pay for the goods before shipment. Please indicate this before ordering. As soon as the payment has been received on the objectiv bank account, your order will be released for production or shipment.
4.3 objectiv is entitled to charge a fee of 5.00 euros net for each reminder after the payment default has occurred, unless you prove to objectiv that objectiv had significantly lower or no expenses for the respective reminder. Further legal rights of objectiv due to your default of payment remain unaffected by this. In the event of a payment by direct debit authorisation and a return transfer of the bank debit by the credit institution for which you are responsible due to insufficient funds, you shall reimburse the bank charges invoiced by objectiv for the return transfer.
4.4 Until full payment has been made, the goods shall remain the property of objectiv. You are obliged to notify objectiv without delay, providing all details of seizures or other impairments of rights that enable objectiv to take action against by all legal means. If you do not fulfil your obligations under this contract with objectiv, objectiv may withdraw from the contract. Then your right to possession of the goods shall expire and objectiv may demand their return. In this case, objectiv shall be entitled to take possession of the goods and utilise them in the best possible way by private sale or auction, irrespective of your payment and other obligations. objectiv shall offset the proceeds against your liabilities after deducting any costs incurred; objectiv shall pay you any surplus.
4.5 You are only entitled to offsetting rights if your counterclaims are legally established, undisputed or recognised by objectiv. You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same individual contractual relationship.
5. Claims due to defects, obligation to inspect
5.1Claims due to defects require that you inspect the goods immediately after acceptance and report any defects to objectiv without delay, but no later than 30 days after receipt of the goods (except for furniture). Hidden defects must be reported to objectiv immediately after their discovery.
5.2 Insofar as the goods are defective, objectiv shall be entitled, at its own discretion, to remedy the defect free of charge or to deliver defect-free goods as a replacement.
5.3 If objectiv has seriously and finally refused to remedy the defect or make a replacement delivery due to disproportionate costs or for other reasons, if the remedy of the defect or replacement delivery fails, if it is unreasonable for you or if there are special circumstances which justify the immediate assertion of rights other than those described in clause 5.2, taking into account the conflicting interests of both parties, you may choose to withdraw from the contract relating to the defective goods or reduce the purchase price in accordance with the statutory regulations. Translated with www.DeepL.com/Translator (free version)
5.4objectiv accepts no liability for damage caused by unsuitable, improper or faulty storage, use, assembly, commissioning, treatment or installation by you or by natural wear and tear, insofar as objectiv is not responsible for the damage. If you receive faulty assembly instructions, we shall only be obliged to supply assembly instructions that are fault-free, and only if the fault in the assembly instructions prevents the proper assembly of the goods.
6.1 objectiv shall be liable for damages caused by negligence, intent, gross negligence or due to a breach of duty by objectiv, a legal representative or agent of objectiv as well as for damages caused by the absence of a quality guaranteed by objectiv.
6.2 In the event of a breach of essential contractual obligations caused by slight negligence, objectiv’s liability shall be limited to the amount of the foreseeable damage typical for the contract, except in the cases of sections 6.1 or 6.4. Essential contractual obligations are, in the abstract, those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contracting parties may regularly rely.
6.3 Liability under the Product Liability Act remains unaffected. Any further liability for damages is excluded.
6.4 Objectiv shall be liable for the loss of data and its recovery only to the extent set out in clauses 6.1 to 6.4 and only to the extent that such loss could not have been avoided by reasonable precautionary measures taken by the buyer, in particular the backing up of all data and programs.
6.5 The limitation period for claims of compensation for damages against objectiv shall be one (1) year except in the cases of clauses 6.1, 6.2 and 6.4.
7. Data protection
8. General regulations
8.1 Unforeseeable, unavoidable events outside objectiv’s sphere of influence and for which objectiv is not responsible, such as force acts of God, war, natural disasters, shall release objectiv from the obligation to deliver or perform on time for their duration. Agreed deadlines shall be extended as long as the disruption lasted. You will be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than two months, each party is entitled to withdraw from the respective individual contract affected by the disruption.
8.2 If any of these terms of delivery is invalid in whole or in part, the validity of the remaining provisions of these terms of delivery shall not be affected thereby.
9.1 The exclusive place of jurisdiction for all disputes is – as far as legally permissible – Bergisch Gladbach. However, objectiv is entitled to sue you at any other legal place of jurisdiction. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Copyright: objectiv GmbH & Co. KG