§ 4 Purchasers’ inspection obligations
1. The images, pictures, drawings and technical data reproduced in our catalogue and in our Internet product range are subject to constant modifications by product manufacturers. Product photos do not necessarily show the specification and scope of delivery, but instead symbolize solely the purchased object, and may differ from the goods delivered.
2. You are obliged to carefully and precisely examine the goods that you receive as to whether the data and figures that are provided correspond with your order. You must carefully check the functionality of the ordered goods before employing them for further use, and ensure that the delivered articles are appropriate for your planned uses.
3. Obligations to inspect and examine for defects and make notification of such defects also apply for dealers.
§ 5 Goods availability and partial deliveries
1. If the item ordered is not available, delivery may not be made, or an equivalent item may be offered or delivered. You are not obligated to accept such an item, and are not obligated to bear the related costs of return dispatch.
2. Partial deliveries are permissible to a reasonable extent.
§ 6 Prices, offset and retention
1. In the case of Internet orders, you order at the price stated in the shopping basket. Otherwise, the list prices apply at the time of order acceptance.
2. Only counterclaims that have been determined to be legally effective, are undisputed, or are recognized may be offset.
3. You may only assert retention rights on the basis of claims arising from the same contractual relationship.
§ 7 Retention of title
1. We retain the title to the object of sale until all payments under the supply contract have been made. If you are in default with the payment, we are entitled to demand the return of the delivered goods.
2. The customer is obliged to treat the object of sale with care; in particular, the purchaser is obliged to take out a reinstatement insurance policy for damage by fire, water and theft.
3. In the case of levies of execution or other third-party interventions, the purchaser must inform us immediately in writing.
4. The purchaser is entitled to resell the object of sale in the normal course of business; however, herewith the purchaser shall assign all accounts receivable up to the amount of the gross invoice total of our claim, owed to the purchaser by the purchaser‘s customer or other third parties from the resale transaction, irrespective of whether the object of sale is resold with or without further processing. The purchaser retains the right to collection even after the assignment has taken place. This is without prejudice to our right to collect the debt ourselves. However, we undertake not to collect the debt if purchasers meet their payment obligations from the sales proceeds, do not fall into arrears, and, in particular, have not filed for settlement or bankruptcy proceedings, nor ceased making payments. If this is the case, however, we may demand that the purchaser informs us of the assigned accounts receivable and the debtors (third parties) involved, providing us with the information required in order to collect, as well as handing over the relevant documents and informing debtors (third parties) of the assignment of accounts receivable.
5. Processing or reshaping of the object of purchase by the purchaser is always performed for us. If the object of purchase is processed using objects that do not belong to us, we obtain co-ownership of the new item proportionate to the ratio between the value of the object of sale (gross amount invoiced) and the value of other items already processed at the time that the object of sale is processed. The same applies to the item created by processing as to the object of sales supplied, subject to retention of title.
6. If the object of purchase is bonded inseparably with objects that do not belong to us, we obtain co-ownership of the new item proportionate to the ratio between the value of the object of sale (gross amount invoiced) and the value of other items already bonded at the time that the object of sale is bonded with other objects. If bonding is such that the item belonging to the purchaser can be considered the main item, it is deemed agreed that the purchaser will assign proportionate co-ownership to us. The purchaser shall hold the sole property or co-owned property in safekeeping for us.
7. The purchaser shall also assign accounts receivable to secure our claims against the purchaser that arise against third parties from bonding the object of sale with a site or property.
8. We undertake to release the collateral to which we are entitled at the request of the purchaser insofar as the realizable value of our collateral exceeds the debts to be secured by more than 10%; the choice of the collateral to be released is our responsibility.
§ 8 Warranty and statute of limitations
1. Statutory warranty provisions shall apply.
2. If the item that you ordered is used for your commercial or independent professional activity, your claims arising from statutory warranty provisions are nevertheless subject to the statute of limitations within one year. This is without prejudice to the statute of limitations pursuant to § 479 of the German Civil Code (BGB).
§ 9 Repair assignments
We do not regularly accept and carry out repair assignments ourselves. In most instances, we arrange an appropriate repair operation. If you request us to arrange a repair operation, legal relationships arise exclusively with the party performing the operation. If you mandate us with the dispatch of goods to the repair operation, we are entitled at our discretion to invoice you with the packaging and dispatch costs that have actually arisen, or to invoice you with lump sum dispatch costs. We will only dispatch the item for repair upon cash payment of the invoice of the third-party operation.
§ 10 Place of jurisdiction, choice of law
1. Our registered place of business (Munich) is the place of jurisdiction for commercial dealers, legal persons and public-law entities. This place of jurisdiction is not exclusive.
2. The law of the Federal Republic of Germany applies; the validity of United Nations Convention on Contracts for the International Sale of Goods is excluded.
Alternative online dispute resolution pursuant to Article 14(1) ODR Regulation and § 36 Consumer Dispute Resolution Act:
The European Commission provides a platform for online dispute resolution (OS) that you can access at http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in any dispute resolutions in front of a Consumer Arbitration Service.
Data protection information:
Personal data comprises information relating to your identity: name, address, postal address, delivery address, telephone number and e-mail address. We only store your personal data and the data relating to ordered goods to the extent required for the administration and processing of your order. We do not forward your personal data to third parties. With your visit to our website, information about the access (date, time, pages viewed, shopping basket contents) may be stored on our server. These data do not comprise part of personal data, but are anonymous instead. We analyze them exclusively for statistical purposes. Cookies are used on some pages. Most browsers are configured to automatically accept cookies. You may nevertheless deactivate the storage of cookies, or configure your browser to notify you immediately when cookies are sent. You are entitled to free information about your stored data, as well as, if required, the right to amendment, blocking or deletion of these data. In the event of queries regarding the recording, processing or utilization of your personal data, and for information about, and the correction, blocking or deletion of data, please contact: Bürklin GmbH & Co. KG, Grünwalder Weg 30, D-82041 Oberhaching.
Information on battery disposal
Batteries may not be disposed of as part of household garbage. You are legally obligated to return batteries. You may deposit batteries at a communal collection point, or at your local shop. As an end-consumer, you may also return and send batteries from our product range to us, or in your immediate vicinity to the shop that sold them, free of charge. Batches that contain hazardous materials are designated with a crossed garbage can, and the chemical symbol of the relevant hazardous material (e.g. “Cd” for cadmium, “Pb” for lead, and “Hg” for mercury).
Oberhaching, April 17, 2018
Bürklin GmbH & Co. KG