§ 1 Scope of Application

(1) These Terms and Conditions apply to all current and future business relationships with entrepreneurs.

(2) We sell only to entrepreneurs. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or legally capable partnerships with whom business relationships are entered, acting in the exercise of a commercial or independent professional activity.

(3) Deviating, conflicting, or supplementary general terms and conditions will not become part of the contract, even if we are aware of them, unless we have explicitly agreed to their validity in writing.

(4) Privacy Notice: To process the contract, it is necessary to provide personal data such as name, address, email address, possibly date of birth, and bank details, etc. In relation to entrepreneurs, we are entitled to use this data for advertising purposes regarding the same or similar goods. The customer agrees that their data may be used for contract fulfillment and additionally, for marketing purposes regarding the same or similar goods for entrepreneurs. Data will only be shared with partners/third parties as necessary, for example, when the customer wishes to conduct a leasing transaction with the leasing company, for credit checks, or to arrange for the delivery of goods with the transport company. The customer may request information about this at any time. The customer may request the correction or transfer of the data we have stored about them at any time. They may also request the deletion of their data in accordance with legal requirements. All data processing and use will be done in compliance with legal data protection regulations. The customer has the right to withdraw consent for the use of their data at any time with effect for the future by post, fax, or email (to info@fusspflege.com). For further information: www.fusspflege.com/datenschutz.

(5) Upon the publication of this catalog, all previously requested prices, including those from special promotions, will become invalid. This does not apply if we have already formally accepted a contractual offer. Upon the publication of this catalog, all previously requested prices, including those from special promotions, will become invalid. This does not apply if we have already formally accepted a contractual offer.

§ 2 Offer – Conclusion of Contract – Order Placement

(1) Our offers are non-binding. Technical changes, changes due to legal requirements, and changes in form, color, and/or weight are subject to reasonable modifications. We are entitled to subcontract orders.

(2) By placing an order for goods or services, the customer declares their intention to purchase the ordered goods or to commission the work. We are entitled to accept the contract offer within two weeks of receiving the order. Acceptance may be declared either in writing or in text form through the delivery of the goods to the customer or the handing over or execution of the work. In online sales, we are entitled to accept the contract offer within two business days.

(3) The conclusion of the contract is subject to the condition that we receive correct and timely self-delivery from our suppliers. This only applies if non-delivery is not our fault, particularly in the case of a congruent coverage transaction with our supplier. The customer will be immediately informed about the unavailability of the service. The consideration will be refunded without delay.

§ 3 Delivery Time – Delivery Delay

(1) The delivery time is determined by the agreements. Adherence to it by us requires that all commercial and technical issues between the contracting parties have been clarified and that the customer has fulfilled all of their obligations. If this is not the case, the delivery time will be extended accordingly. This does not apply if we, as the supplier, are responsible for the delay.

(2) Adherence to the delivery deadline is subject to correct and timely self-delivery. We will notify the customer of any anticipated delays as soon as possible.

(3) The delivery deadline is considered met if the contractual item has left the warehouse by the expiration date or if readiness for shipment has been reported. In the case of a required acceptance, the acceptance date will be decisive, unless there is a justified refusal of acceptance, or alternatively, the notification of acceptance readiness.

(4) If the failure to meet the delivery time is due to force majeure, labor disputes, or other events beyond the supplier's control, the delivery time will be extended accordingly. We will inform the customer of the start and end of such circumstances as soon as possible.

§ 4 Retention of Title and Maintenance

(1) We retain ownership of the goods until the full settlement of all claims arising from an ongoing business relationship.

(2) The customer is obliged to handle the goods with care. If maintenance and inspection work is required, the customer must carry out these at their own expense on a regular basis unless a maintenance contract has been concluded with us or it involves statutory warranty claims. The customer is obligated to inform us immediately of any third-party access to the goods, such as in the case of a seizure, as well as any damage or destruction of the goods. Any change of possession of the goods or the customer's change of residence must also be reported to us without delay.

(3) We are entitled to withdraw from the contract and demand the return of the goods in the event of the customer’s non-compliance, especially in case of payment arrears or breach of a duty according to paragraph 2 of this provision.

(4) The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to us all claims arising from such resale in the amount of the invoice value against a third party. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer fails to meet their payment obligations and falls into arrears. In this case, the customer is obliged to inform us of the assigned claims and their debtors, to provide all necessary details for collection, to hand over the corresponding documents, and to inform the third party of the assignment.

(5) The processing or transformation of the goods by the customer is always carried out in our name and on our behalf. If processing involves items not owned by us, we acquire co-ownership of the new item in proportion to the value of the goods we supplied to the other processed items. The same applies if the goods are mixed with other items not owned by us.

(6) We undertake to release the securities to which we are entitled to the extent that their value exceeds the secured claims, which have not yet been settled, by more than 10%.

§ 5 Prices

(1) Price quotations are exclusive of VAT and apply, unless otherwise agreed, ex works, excluding freight and shipping costs, packaging, and insurance. Additional customs duties and customs processing costs for deliveries abroad are borne by the customer. Our catalog does not constitute a binding offer. The prices listed in our catalog are non-binding. The prices valid at the time of contract conclusion apply and will be communicated to the customer after their request, with our offer. This is without prejudice to further provisions under this section (§ 5 AGB).

(2) The minimum order value is € 50.00 net. If the order value is below this amount, we charge a small order surcharge of € 15.00. For package deliveries with an order value up to € 150.00 net, we charge a flat rate of € 6.49 for packaging and transport within Germany. For higher order values, we deliver free of charge within Germany. For freight deliveries, we charge a flat rate of € 79.00 (regardless of the value of the goods) to the curbside. For deliveries of large furniture items by freight forwarder to the place of installation in two-man handling, where delivery is possible, we charge a shipping fee of € 255.00, regardless of the order value. Furniture assembly (e.g., hygiene lines, counters) and installation of special autoclaves are not included and are carried out by the manufacturer itself. For foreign deliveries, packaging and shipping costs are charged at cost.

(3) If taxes, customs duties, freight charges, fees, or expenses increase or are newly introduced between the conclusion and fulfillment of the contract, we are entitled to increase the purchase price accordingly. Prices apply for four months from the day of contract conclusion. If a delivery period of more than four months is agreed or for continuing obligations lasting longer than four months, we are entitled to pass on any cost increases that occur during the interim period for procurement/delivery, including those caused by changes in laws (e.g., VAT increases), through price adjustments to the customer.

(4) Transport and all other packaging in accordance with the Packaging Ordinance are not accepted for return. The purchaser is obliged to dispose of the packaging at their own cost.

§ 6 Payment Terms – Discount – Installments – Offset 

(1) The customer has the following payment options: cash payment, bank transfer, advance payment, SEPA direct debit, cash on delivery. For orders through the BAEHR online shop, payment can also be made via PayPal, SOFORT ÜBERWEISUNG, or credit card (Visa and Mastercard). Any fees incurred are to be borne by the customer. For invoices up to €30.00 net, the purchase price is to be paid within 10 days without any discount. Invoices over €30.00 net are to be paid within 10 days of the invoice date with a 2% discount or within 30 days net. A discount is only permissible if no outstanding payments are due. If a direct debit authorization is provided or if advance payment is made, a 3% discount will be granted. Books are not eligible for discount or rebate due to fixed book prices. Discount is excluded for repairs and spare parts. Deliveries abroad are only made against advance payment.

(2) We are entitled to request an appropriate down payment if the claim is not otherwise sufficiently secured. This applies not only to self-contained partial services.

(3) Installment payments are only possible by agreement, subject to an additional installment charge and the provision of a direct debit authorization. The direct debit procedure will apply to all other invoices during the installment period. If installment payment is agreed upon, the remaining amount due will immediately become payable if the customer is more than 8 days late with any installment, either partially or fully.

(4) The customer is only entitled to offset if their counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

(5) If the customer is in default, we are entitled to withhold goods deliveries for the customer and other services, such as maintenance, until full payment is made.

§ 7 Transfer of Risk – Shipping – Refusal of Acceptance 

(1) The risk of accidental loss and deterioration of the goods passes to the customer upon delivery, or in the case of a sale by shipment, upon the delivery of the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

(2) Delivery is also considered to have occurred if the customer is in default of acceptance.

(3) In case of non-acceptance of ordered goods, we are entitled to demand compensation for non-performance in the amount of 20% of the invoice amount, after setting a grace period of 10 days, instead of fulfilling the contract. The compensation payment may be higher or lower if we can prove a higher or the customer can prove a lower damage.

§ 8 Place of Performance and Transfer of Risk in Case of Goods Return 

(1) If we accept the return of goods as a gesture of goodwill, the place of performance and transfer of risk is at our place of business. We will arrange for the collection of the goods by a transport or forwarding company at customary and reasonable prices. The return shipping costs are to be borne by the customer. Upon request and at the customer's expense, the goods will be insured against loss and damage at customary and reasonable prices.

(2) If we accept the return of goods as part of a legitimate request for supplementary performance or withdrawal, or a warranty claim, the place of performance and transfer of risk, in business-to-business transactions, is at our place of business. We will arrange for the collection of the goods by a transport or forwarding company at customary and reasonable prices. The business customer is responsible for the costs of return shipping. The customer is free to specify another suitable transport or forwarding company, and the parties will, in case of doubt, agree on the more favorable offer for the return shipment of the goods. Upon request and at the customer's expense, the goods will be insured against loss and damage at customary and reasonable prices.

§ 9 Warranty – Duty to Inspect and Notify

(1) The customer’s claims for defects are subject to the condition that the customer has properly fulfilled their duties to inspect and notify as required under § 377 HGB.

(2) We will remedy defects at our discretion either by repair or replacement delivery, or by new production.

(3) If subsequent performance fails, the customer may generally choose between a reduction in price (abatement) or rescission of the contract. However, the customer is not entitled to rescind the contract in the case of only minor contractual deviations, particularly for insignificant defects.

(4) If the customer chooses to rescind the contract due to a legal or material defect after unsuccessful subsequent performance, the customer is not entitled to claim damages due to the defect. If the customer chooses damages after unsuccessful subsequent performance, the goods remain with the customer, provided this is reasonable. The damages are limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have caused the breach of contract with intent or fraud, or in the case of harm to the customer's body, life, or health.

(5) The warranty period is one year from the delivery of the goods or the acceptance of the work.

(6) No warranty is provided in particular in the following cases: improper or unsuitable use; faulty commissioning, use, or operation by the customer or third parties; natural wear and tear; faulty or careless handling; improper maintenance; unsuitable operating and cleaning agents; chemical, electrochemical, or electrical influences.

(7) The condition of the goods is generally only determined by the manufacturer’s product description, which is derived from the user manual, technical data, and/or the insert. Public statements, promotions, or advertisements by the manufacturer are not considered part of the agreed-upon condition of the goods. If the customer receives a defective assembly manual, we are only obligated to provide a defect-free assembly manual, and this obligation only applies if the defect in the manual prevents proper assembly.

(8) The customer does not receive any warranties in a legal sense from us. Manufacturer warranties remain unaffected by this.

(9) If the customer has to return defective goods, the costs for the return shipment will be covered by us, unless the customer has taken the goods to a place other than the delivery location.

(10) The customer’s claims for recourse under §§ 478, 479 BGB remain unaffected by this provision.

(11) For used goods, the warranty is excluded, except in cases of intent or fraud on our part.

§ 10 Liability Limitations

(1) In cases of slightly negligent breaches of essential contractual obligations, our liability is limited to the foreseeable, typical average damage according to the nature of the goods/work. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We do not bear liability towards entrepreneurs for slightly negligent breaches of non-essential contractual obligations.

(2) Claims for damages by the customer due to defects shall expire after one year from delivery of the goods/acceptance of the work.

(3) The above liability limitations do not apply to claims of the customer under product liability, claims related to bodily and health injuries or loss of life of the customer, in cases of gross negligence on our part, in the event of fraudulent concealment of defects, or under the assumption of a guarantee or procurement risk.

(4) Insofar as our liability is excluded or limited, this also applies to our employees, workers, agents, and vicarious agents.

§ 11 Loaned Equipment

(1) In the case of the provision of loan/rental equipment, which we are not obligated to provide, in addition to shipping costs, a reasonable charge will be applied. This must be paid immediately upon receipt of the device/goods, net.

(2) The return of the loaned goods must take place at the latest within 8 days after receiving the customer's goods, free of charge. If the return is delayed by more than one week, an additional charge of €5.00 per calendar day will be levied. We reserve the right to charge for necessary repairs to damaged or unusable loaned goods.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply.

(2) Unless otherwise specified in the order confirmation, our place of business is the place of performance.

(3) If the customer is a merchant, a legal entity under public law, or a public-law special fund, our place of business shall be the jurisdiction; however, we are entitled to sue our contractual partner at their place of jurisdiction.

(4) If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become fully or partially invalid, the validity of the remaining provisions shall not be affected.

§ 13 Disposal of Electrical Devices

Our customer is obliged to dispose of electrical devices in accordance with legal requirements, at their own expense. In the case of transfer, they must impose a corresponding obligation on the transferee.