§ 1 General / Scope
1) Customers within the meaning of the terms of sale are entrepreneurs. 2) Our terms of sale apply exclusively; we do not recognize terms and conditions of the customer that conflict with or deviate from our terms of sale, unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. 3) All agreements made between us and the customer for the purpose of executing this contract must be set down in writing in this contract. 4) Our terms of sale also apply to all future business with the customer.

§ 2 Offer and Conclusion of Contract
1) Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our written or telex confirmation to be legally effective. 2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing. 3) Our sales staff are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract. 4) We reserve proprietary and copyright rights to illustrations, samples, drawings, calculations and other documents; they may not be made accessible to third parties. This applies in particular to such written documents that are designated as "confidential"; the customer requires our express written consent before passing them on to third parties. 5) The conclusion of the contract is subject to the correct and timely self-delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when a congruent hedging transaction has been concluded with our supplier. The customer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.

§ 3 Prices / Terms of Payment
1) Unless otherwise stated in the order confirmation, our prices apply "ex works" excluding packaging; this will be invoiced separately. 2) The statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing. 3) The deduction of a discount requires a special written agreement. 4) Unless otherwise stated in the order confirmation, the purchase price is due net (without deduction) within three days of the invoice date. During the period of default, the customer must pay interest on the money debt at a rate of 8% above the base interest rate. We are entitled to claim higher damages for default from the customer if we are able to prove higher damages for default. However, the customer is entitled to prove to us that no damage or significantly less damage has been incurred by us as a result of the payment default. 5) The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us. Furthermore, he is authorized to exercise his right of retention insofar as his counterclaims are based on the same contractual relationship. 6) Travelers and sales drivers are only authorized to collect payments upon presentation of a separate identity card.

§ 4 Delivery Time
1) Delivery dates or deadlines, which can be agreed as binding or non-binding, require written form. 2) The start of a delivery period specified by us requires the clarification of all technical questions. 3) If the customer defaults on acceptance or violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item also passes to the customer at the time he defaults on acceptance. 4) We are entitled to make partial deliveries and partial services at any time.

§ 5 Shipping and Transfer of Risk
1) The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left our factory for dispatch. If dispatch is delayed at the customer's request, the risk passes to him upon notification of readiness for dispatch. If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer. 2) Handover is deemed equivalent if the customer is in default of acceptance. 3) When collecting from the delivery point, the customer and his authorized representatives are responsible for loading the vehicle and observing the legal regulations regarding the transport of dangerous goods. 4) Unloading and storing the goods is in any case the responsibility of the customer. 5) Insofar as our employees also assist with unloading and thereby cause damage to the purchased item or other damage, they act at the sole risk of the customer and not as our vicarious agents. 6) The above regulations apply accordingly to delivery by third-party transport companies, insofar as liability for us could be derived from their conduct. The liability of the third party remains unaffected.

§ 6 Warranty for Defects
1) In the event of defects in the goods, we shall initially provide a warranty, at our discretion, by means of rectification or replacement delivery. 2) If the supplementary performance fails, the customer can, at his option, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular only minor defects, the customer is not entitled to a right of withdrawal. 3) The regulation of § 377 HGB remains unaffected. 4) If the customer chooses to withdraw from the contract due to a defect in title or quality after supplementary performance has failed, he is not entitled to a claim for damages due to the defect. If the customer chooses damages after supplementary performance has failed, the goods remain with the customer if this is reasonable for him. The damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently. 5) The warranty period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in due time (Clause 4 of this provision). 6) The manufacturer's product description is generally deemed to be agreed as the quality of the goods. Public statements, advertisements or advertising by the manufacturer do not constitute a contractual quality description of the goods. 7) If the customer receives defective assembly instructions, we are only obliged to deliver defect-free assembly instructions and only if the defect in the assembly instructions prevents proper assembly. 8) The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected. 9) If the purchased item is the delivery of a used item, the customer's rights due to defects are excluded. This restriction does not affect the customer's claims for damages from product liability or claims for damages in the event of personal injury or health damage attributable to us or in the event of loss of the customer's life. This restriction also does not apply to the customer's claims for damages if we are guilty of gross negligence or fraudulent intent.

§ 7 Limitations of Liability
1) We are not liable for slightly negligent breaches of insignificant contractual obligations. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. 2) The above limitations of liability do not affect the customer's claims from product liability. Furthermore, the limitations of liability do not apply in the event of personal injury or health damage attributable to us or in the event of loss of the customer's life. 3) The customer's claims for damages due to a defect become time-barred after one year from delivery of the goods. This does not apply if we are guilty of gross negligence, as well as in the event of personal injury or health damage attributable to us or in the event of loss of the customer's life.

§ 8 Retention of Title
1) We reserve ownership of the goods until full payment of all claims that we have against the customer now or in the future from the business relationship (reserved goods). 2) We are entitled to insure the reserved goods at the customer's expense against theft, breakage, fire, water and other damage, unless the customer has demonstrably taken out the insurance himself. 3) The customer may neither pledge nor assign the reserved goods as security. In the event of seizures, confiscation or other dispositions by third parties, he must notify us immediately so that we can enforce our ownership rights. Insofar as the third party is not able to reimburse us for the judicial or extrajudicial costs incurred in this context, the customer is liable for this. 4) In the event of breach of contract by the customer, in particular in the event of default in payment, we are entitled to withdraw from the contract and demand the return of the goods. 5) The processing or transformation of the reserved goods takes place for us as the manufacturer in accordance with § 950 BGB, without obliging us. If the reserved goods owned by us are processed with other objects, we acquire co-ownership of the new item in proportion to the market value of our goods to the value of the other processed objects at the time of processing. The customer shall store the new item free of charge for us with customary care. 6) The customer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. The claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods (including all balance claims from current accounts) are assigned by the customer to us in full as security. We revocably authorize him to collect the claims assigned to us for our account in his own name. This authorization to collect can only be revoked if the customer does not properly fulfill his payment obligations. 7) We undertake to release the securities due to us at the customer's request to the extent that their value exceeds the claims to be secured by more than 10%. 8) The customer also assigns to us claims to secure our claims against him that arise from the connection of the reserved goods with a property against a third party.

§9 Refusal of Performance
If the customer does not accept our service, the customer is obliged to pay us 25% of the order value as lump-sum damages. The customer reserves the right to prove a lesser damage.
§ 10 Place of Jurisdiction / Place of Performance

1) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at his place of residence. The same applies if the customer has no general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the action is filed. 2) Unless otherwise stated in the order confirmation, our place of business is the place of performance. § 11 Applicable Law, Partial Invalidity 1) For these terms of sale and the entire legal relationship between us and the customer, the law of the Federal Republic of Germany applies to the exclusion of the law of the UN Convention on Contracts for the International Sale of Goods. 2) Should a provision in these terms of sale or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.

Scope of Application
All deliveries and services by Gerhard Sondermann GmbH in fulfillment of orders that the customer has not placed in connection with his commercial or independent professional activity are based on these terms and conditions. Deviating and/or supplementary agreements require the express written consent of Gerhard Sondermann GmbH; this also applies to a waiver of the written form requirement.
The right of withdrawal only applies to private customers, not to commercial customers within the meaning of the German Commercial Code (HGB).
As a consumer within the meaning of § 13 BGB, you are no longer bound by your order if you withdraw within a period of 2 weeks after receipt of the goods. The withdrawal does not have to contain a reason and can be made in writing (an e-mail, e.g. to shop@sondermann.org, is sufficient) or by returning the goods at our risk. To meet the deadline, timely dispatch to: Gerhard Sondermann GmbH Wiesengrund 7 57368 Lennestadt-Kirchveischede is sufficient. Please frank the parcel sufficiently to avoid penalty postage. We will then immediately refund the postage amount to you. If you return damaged or worn goods, the legally permissible amount will be deducted; you can avoid this by merely examining the goods as would have been possible for you in a retail store, and returning them without signs of use and in the original packaging. We bear the costs of returning the goods if your order exceeds an amount of EUR 40. Excluded from return are * goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can quickly spoil or whose expiry date would be exceeded, * audio or video recordings or software, provided that the delivered data carriers have been unsealed by you, * newspapers, magazines and illustrated magazines.

Warranty The warranty is provided in accordance with the statutory provisions, whereby in the event of a defect in the goods, we will first re-deliver or rectify at your option. If the rectification fails or the re-delivered goods are also defective, you can return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price. Information about any manufacturer's warranties can be found in the product documentation.

Place of Jurisdiction For contracts with merchants, with legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all legal disputes arising from the business relationship, including bills of exchange and cheque lawsuits, is the seller's registered office.