General terms and conditions for commercial customers

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Terms and Conditions

-For online trade in the B2B sector-

 

 

§1 Scope

(1) The following General Terms and Conditions apply exclusively to sales of goods and other services by us, Immohomes24, whether these transactions are concluded online or offline. These General Terms and Conditions apply in their valid version at the time of conclusion of the contract. Deviant or opposing conditions of the buyer are not recognized by us unless we have expressly agreed to them. The performance of services is not to be considered as such agreement.

(2). These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of §§ 14, 310 para. 1 of the German Civil Code.

§2 Registration as a Customer

(1) In addition to direct orders, you have the option of creating your own user account and thus registering as a customer in our trading system. Only entrepreneurs (cf. § 1 para. 2) are eligible to participate.

The data required to create the user account must be provided by you completely and truthfully. Subsequent changes to your personal data are your own responsibility to enter.

(2) The password you choose must be kept secret under all circumstances and must not be disclosed to third parties.

(3) By registering, you declare your general consent.

§3 Conclusion of the Contract

(1) We sell our goods and other services exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code.

(2) If an online ordering option is additionally provided, you submit a binding contract offer by clicking the "Place Order and Pay" button at the end of the ordering process. A purchase contract is only concluded when we accept this offer. This is done exclusively by means of a corresponding e-mail with which we confirm the receipt and acceptance of your order.

§4 Prices, Shipping Costs, Payment Terms, Set-Off, Assignment

(1) The prices that are relevant at the time of the order placed shall apply. There is therefore generally no entitlement to receive goods at earlier or later, cheaper prices. If we exceptionally still take into account price reductions occurring before delivery of the goods for your current order, this is done voluntarily and without legal obligation.

(2) You are only allowed to fulfill your payment obligation by set-off if your counterclaims have been legally established, are undisputed, or have been recognized by us. In addition, you are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§5 Performance Obligation, Delivery Conditions, Delivery Delay, Default of Acceptance

(1) We fulfill our performance obligations from the purchase contracts concluded with you by providing the online service.

(2) We are entitled to make partial deliveries if the partial delivery is reasonable for the buyer in individual cases.

(3) If delivery has not been made after maturity in accordance with the above provisions, we are in default of payment as soon as you have unsuccessfully reminded us within a reasonable period of time.

The lump-sum default compensation is 0.5% of the invoice value of the delayed performance for each completed week of delay, but no more than 5% in total.

§6 Retention of Title

We reserve the right to ownership of the purchased item until receipt of all payments from the delivery contract.

§7 Warranty, Condition of the Goods

(1) If the buyer has received defective goods from us, he is entitled under the statutory warranty provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.

§8 General liability for damages

(1.) We are fully liable for damages resulting from the violation of life, body, or health, based on intentional or negligent breaches of duty on our part or intentional or negligent breaches of duty by our vicarious agents, in accordance with the legal provisions.

§9 Final Provisions, Applicable Law, Jurisdiction, Severability Clause

(1.) Changes or additions to these terms and conditions require written form. This also applies to the cancellation of this written form requirement.

(2.) If the buyer is a merchant, a legal entity under public law, or a special public fund, our place of business at Unit B&C, 20/F, Full Win Commercial Centre, 573 Nathan Road, Yau Ma Tei, Kowloon, Hong Kong, is the exclusive place of jurisdiction and performance.

(3.) If individual provisions of this contract are ineffective or contrary to statutory provisions, this shall not affect the remaining provisions of the contract.

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