Terms and Conditions
The present terms and conditions shall apply to all business transactions between Uebler and customers or other buyers. Only the terms and conditions of Uebler shall apply. Contradictory provisions or terms and conditions are hereby expressly rejected.
2. Order and acceptance
Uebler’s products shown on the website or in catalogues or other advertising materials shall not constitute binding offers on the part of Uebler, but shall serve as a basis for the submission of a binding offer by the Customer. The sales contract shall come into force only when the goods are dispatched by Uebler or when an explicit delivery confirmation is provided by Uebler. Uebler is entitled to refuse to accept the order.
The specified prices are our current prices for end consumers, including the statutory VAT, excluding packaging and other shipping and transport costs. The current prices are based on the currently valid material prices and wages. If there are more than 4 months between the conclusion of the contract and delivery, without us being responsible for a delay in the delivery, the price may be increased appropriately, taking into consideration material costs, labour costs and other additional costs that have occurred. If the purchase price rises by more than 40 %, the Customer is entitled to withdraw from the contract. If the Customer is an entrepreneur, an entity under public law or a special fund under public law, price changes in accordance with the above provision shall be permissible if there aremore than six weeks between the conclusion of the contract and delivery.
4. Delivery periods
Delivery dates and delivery periods shall only be binding if they have been expressly confirmed as such in writing by Uebler. In the event of measures in the context of industrial disputes, in particular strikes and lockouts, as well as in the event of the occurrence of unforeseen obstacles that are outside our control, e.g. disruptions of operations, delays in the delivery of essential materials, Uebler is entitled to postpone the delivery by the duration of the obstacle or to withdraw from the contract, insofar as such obstacles verifiably have a considerable effect on the delivery of the delivery item. This shall apply even if the circumstances occur for subsuppliers. Compensation on account of a delayed delivery shall not be possible in any case, unless there is wilful intent or gross negligence.
Uebler is entitled to make partial deliveries. Shipping shall always – even in the case of carriage paid deliveries – take place at the Customer’s expense. An insurance policy shall only be taken out on the express request and at the expense of the Customer. Within Germany, a flat rate shipping fee of EUR 8.00 plus VAT, currently EUR 9.52, shall be levied for deliveries with a net order value of less than EUR 500.00, currently EUR 595.00 gross order value. For deliveries with a net order value of more than EUR 500.00, currently 595.00 gross order value, the delivery shall take place free to the door within Germany, whereby Uebler shall determine the shipping method. Express shipments shall be delivered carriage forward and at the expense of the Customer. All deliveries and services abroad shall only be performed against pre-payment or an irrevocable letter of credit, carriage forward ex works Forchheim.
The cardboard packaging used by Uebler shall become the property of the recipient and shall be charged to the latter. The packaging is recyclable, in accordance with the German Packaging Ordinance, and can thus be given to material recovery. In the case of pallet shipments, reusable pallets are used. The pallet charges shall be borne by the recipient.
7. Terms of payment
Payments shall take place by advance payment or direct debit, by agreement. In the case of orders by resellers, payments must be made net within 30 days of the invoice date or with a 2% discount within 10 days of the invoice date. A discount shall not be possible if older invoices are still outstanding.
8. Acceptance and transfer of risk
If the Customer does not accept the goods delivered in accordance with the contract or refuses to receive the delivery, or does not collect the goods before the expiry of the storage period after receiving a notification from the shipping company, it shall be in default of acceptance. This shall not apply if the Customer makes a corresponding declaration within the periods set by the German Distance Selling Act or returns the goods within the periods set by the German Distance Selling Act. If the Customer is an entrepreneur, the risk of accidental loss or an accidental deterioration of the goods shall be transferred to the Customer when they are handed over to the shipping company.
9. Revocation instructions for consumers
As a consumer, you have a legal right of revocation. A consumer is, according to Section 13 German Civil Code, any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to either his/her commercial or his/her independent professional occupation.
Right of revocation
You have the right to revoke the present contract within fourteen days, without stating reasons. The revocation period is fourteen days from the date on which you or a third party named by you, which is not the carrier, took possession of the goods, or in the event of the separate delivery of a single order of several goods – the last item, or in the event of several partial deliveries or parts of a single product – the last partial delivery or the last part.
To exercise your right of revocation, you must inform us at
Uebler GmbH Tel.: +49/ (0)9191/ 73620
Daimlerstraße 22 Fax: +49/ (0)9191/ 736277
91301 Forchheim E-mail: firstname.lastname@example.org
of your decision to revoke the present contract in a clear declaration (e.g. a letter sent by post, a fax or an e-mail). You may use the enclosed sample revocation form for this, but this is not compulsory. For the observance of the revocation period, it is sufficient to send the notification about exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke the present contract, we must return all the payments that we have received from you, including the delivery costs (with the exception of the additional costs that arise as a result of you having selected a different type of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days after the date on which the communication of your revocation of the present contract was received by us. For this repayment, we shall use the same means of payment that you used in the original transaction, unless something to the contrary has expressly been agreed with you; under no circumstances will you be charged fees because of this repayment. We may refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, depending on which is earlier. You must send the goods back or hand them over to us immediately and in any event no later than fourteen days after the date on which you inform us of the revocation of the present contract. The term shall be deemed to be observed if you dispatch the goods before the expiry of the fourteen day period. You shall bear the indirect costs for returning the goods. You must only be liable for any loss in value of the goods if this loss in value can be attributed to a handling of the goods other than that which is necessary for ascertaining the condition, properties and functioning of the goods.
If Uebler’s contractual partner is a consumer, the warranty shall comply with the statutory provisions. If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, Uebler may, at its own discretion, perform the remedy by removing the defect or through the delivery or manufacture of a defect-free contractual item.
12. Retention of title
We shall retain title to the delivery items until payment has been made. In the event that the Customer acts in a manner that is contrary to the contract, in particular in the event of a default of payment, we shall be entitled to take back the goods after a warning, and the Customer shall be obliged to surrender them. The assertion of the retention of title and the seizure of delivery items by us shall not be deemed a withdrawal from the contract, unless the provisions of the German Consumer Credit Act or Sections 491 – 507 German Civil Code apply or this has been expressly declared by us in writing. For use with entrepreneurs, a legal entity under public law or a special fund under public law, the following shall also apply: The Customer is entitled to resell the delivery items in the ordinary course of business; however, it hereby assigns to us all receivables which arise for the Customer as a result of the resale to the amount of the purchase price (including VAT) agreed between us and the Customer, irrespective of whether the delivery items are resold without or after processing. The Customer shall be authorised to collect these receivables after they have been assigned. Our entitlement to collect the receivables ourselves shall remain unaffected by this; however, we undertake not to collect the receivables for as long as the Customer duly complies with its payment obligations and is not in default of payment. If this is the case, however, we may demand that the Customer discloses the assigned receivables and the respective debtors, provides all the information necessary for collection, hands over the associated documents, and informs the debtors (third parties) of the assignment. The processing or transformation of the goods by the Customer shall always be deemed to be performed for us. If the delivery items are processed with other items that do not belong to us, we shall acquire co-ownership of the new item based on the ratio of the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items that do not belong to us, we shall acquire co-ownership of the new item based on the ratio of the value of the delivery items to the other mixed items. The Customer shall keep the common property for us. The Customer may not pledge the delivery items nor assign them by way of security. In the event of seizures and confiscations or other disposals by third parties, the Customer must inform us immediately of these and provide us with all the information and documents that are necessary for the protection of our rights. Enforcement officers or a third party must be informed of our ownership. We undertake to release the securities to which we are entitled, on the request of the Customer, insofar as their value exceeds the receivables to be secured by more than 20%, provided that these have not yet been settled.
13. Product modifications
We reserve the right to make modifications as a result of technical further development or statutory provisions.
14. Place of fulfilment and place of jurisdiction
The place of fulfilment shall be Forchheim. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Forchheim. The law of the Federal Republic of Germany shall apply exclusively. The Hague Convention of 1st July 1964 relating to a Uniform Law on the International Sale of Goods and the United Nations Convention of 11th April 1980 on Contracts for the International Sale of Movable Goods shall not apply.
15. Miscellaneous provisions
Transfers of rights and obligations of the Customer arising from the contract concluded with us require our written consent in order to be valid. If a provision of the present terms and conditions is or becomes invalid, the validity of the other provisions shall remain unaffected by this.
Forchheim, January 2019