Sect. 1 Scope and definitions
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods concluded by a consumer or business (hereinafter "customer") with Euro Bearing Deutschland GmbH, Alexe-Altenkirch-Str. 2a, 50739 Köln (hereinafter "seller"), via the online shop at eurobearing.de.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Sect. 13 BGB). A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when concluding a legal transaction (Sect. 14 BGB).
(3) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless the seller expressly agrees to their application in writing.
Sect. 2 Conclusion of contract
(1) The product presentations in the online shop do not constitute a legally binding offer but a non-binding invitation to place an order (invitatio ad offerendum).
(2) The customer can place products in the cart and submit a binding purchase offer via the electronic order process. Before submitting the order, the customer can review and correct all entries at any time using the usual keyboard and mouse functions. The offer is only submitted by clicking the button "order with obligation to pay".
(3) The seller confirms receipt of the order without undue delay by e-mail (order receipt confirmation). This receipt confirmation does not yet constitute acceptance of the offer unless acceptance is expressly declared therein.
(4) The contract is concluded when the seller accepts the order by an explicit order confirmation by e-mail or dispatches the goods — whichever occurs first. The acceptance period is three days from receipt of the order; after its unsuccessful expiry, the offer is deemed rejected and the customer is no longer bound. Any payments already made will be refunded without undue delay in this case.
(5) The contract text (order data and GTC) is stored by the seller and sent to the customer in text form (e-mail) together with the order receipt confirmation. After conclusion of the contract, the contract text can be viewed via the customer account, if one exists.
(6) The contract language is German.
Sect. 3 Prices and shipping costs
(1) All prices stated on the website for consumers are final prices in euros and include statutory value-added tax (currently 19%). For business customers, prices may additionally be displayed net (plus VAT); for consumers, the gross price is always decisive.
(2) Shipping costs apply in addition to the stated prices, unless the order reaches the free-shipping threshold (deliveries within Germany are free of shipping costs from an order value of EUR 100). The amount of the shipping costs is clearly communicated to the customer during the order process before the order is submitted.
(3) For deliveries to countries outside the European Union, further costs may arise in individual cases (e.g. customs duties, import VAT), which the customer must bear.
Sect. 4 Payment terms
(1) Payment can be made by:
- PayPal (including the payment methods offered via PayPal)
- Credit card (Visa, Mastercard, American Express, Discover)
- Klarna (in the variants offered during checkout)
- SEPA direct debit
- Purchase on account (payment by bank transfer) — after reviewing the order, the seller sends the invoice by e-mail. For the first order, the invoice amount is payable before dispatch. For subsequent orders by business customers the seller may grant a payment term of 14 days from the invoice date. Approval generally requires that at least one order has been completed; it is communicated to the customer by e-mail. There is no entitlement to approval.
(2) The purchase price is due upon conclusion of the contract, subject to deviating provisions for the respective payment method. Where the invoice amount is payable before dispatch, the seller may dispatch the goods once a transfer receipt has been presented, without waiting for the credit to clear his account; the customer has no entitlement to this. Otherwise dispatch takes place after receipt of payment.
(3) If the customer defaults on payment, the statutory provisions apply (Sects. 286 et seq. BGB). The default interest rate is 5 percentage points above the base rate for consumers and 9 percentage points above the base rate for businesses; the right to claim further damages for default against businesses is reserved.
(4) The customer is only entitled to set-off if their counterclaims have been established as final and absolute, are undisputed or have been acknowledged by the seller. The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship. The restrictions of this paragraph do not apply to consumer claims for defects arising from the same purchase contract.
Sect. 5 Delivery, delivery time, passing of risk
(1) Delivery is made within Germany and to the countries stated in the online shop.
(2) Items marked as in stock ("ab Lager") are generally handed over to the shipping provider within 1–2 working days after conclusion of the contract (where payment is due before dispatch: from presentation of the transfer receipt). Otherwise, the delivery times stated for the respective item apply. Orders received on working days by 2:00 p.m. are made ready for dispatch the same day, subject to availability and payment clearance.
(3) Shipping is carried out by DPD, UPS or Deutsche Post (merchandise mail), at the seller’s discretion, unless the customer selects a specific shipping method during the order process.
(4) Partial deliveries are permitted insofar as they are reasonable for the customer; the customer does not incur additional shipping costs as a result.
(5) Reservation of self-supply: if the seller has concluded a congruent covering transaction and is not supplied by its supplier through no fault of its own, the seller may withdraw from the contract. The seller will inform the customer without undue delay and refund any consideration already provided without undue delay.
(6) Passing of risk: for consumers, the risk of accidental loss and accidental deterioration of the goods passes upon handover to the consumer — this also applies to sales by dispatch. For businesses, the risk passes upon handover of the goods to the forwarding agent, carrier or other person designated to carry out the shipment (Sect. 447 BGB).
(7) Obvious transport damage should be reported to the deliverer immediately if possible. For consumers: failure to make this complaint has no effect on the statutory warranty rights; however, it helps the seller to assert its own claims against the carrier.
Sect. 6 Retention of title
(1) The delivered goods remain the property of the seller until full payment of the purchase price.
(2) The following applies additionally to businesses: the seller retains title to the goods until full settlement of all claims arising from the ongoing business relationship. The business is entitled to resell the reserved goods in the ordinary course of business; it hereby assigns to the seller all claims arising therefrom in the amount of the invoice value, and the seller accepts the assignment. The business remains authorised to collect the claims; the seller will not collect claims itself as long as the business duly meets its payment obligations. If the reserved goods are processed or transformed, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items.
Sect. 7 Right of withdrawal
(1) Consumers have a statutory right of withdrawal. Details can be found in the seller’s cancellation policy.
(2) The withdrawal can be declared informally or via the withdrawal function provided on the website ("Vertrag widerrufen" / cancel contract) (Sect. 356a BGB).
(3) Businesses have no right of withdrawal.
Sect. 8 Liability for defects (warranty)
(1) The statutory rights in respect of defects apply, unless otherwise provided below.
(2) For consumers: the limitation period for claims for defects in new goods is two years from delivery. The special statutory provisions for consumer goods purchases (Sects. 474 et seq. BGB) remain unaffected.
(3) For businesses: the limitation period for claims for defects in new goods is one year from delivery. The statutory periods for recourse claims (Sect. 445b BGB), for fraudulent concealment of a defect and for damages claims in the cases of Sect. 9 (1) of these GTC remain unaffected.
(4) Duty of inspection and notification for merchants: if the customer is a merchant within the meaning of the HGB, Sect. 377 HGB applies. The goods must be inspected without undue delay after delivery; apparent defects must be reported without undue delay, hidden defects without undue delay after discovery, otherwise the goods are deemed approved.
(5) Product specifications (in particular dimensions, load ratings, speeds, tolerances) are based on the information provided by the respective manufacturers and do not constitute guarantees in the legal sense. Guarantees require the seller’s express written declaration. Manufacturer warranties remain unaffected.
Sect. 9 Liability
(1) The seller is liable without limitation for damages arising from injury to life, body or health, in cases of intent and gross negligence, in cases of fraudulent concealment of a defect, within the scope of a guarantee assumed, and under the Product Liability Act.
(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation — i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), the seller’s liability is limited to the foreseeable damage typical for the contract.
(3) In all other respects, the seller’s liability for damage caused by slight negligence is excluded.
(4) Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.
Sect. 10 Product selection and technical application notes
(1) Rolling bearings and drive/linear technology components are technical products whose suitability depends on the specific operating conditions (including load, speed, temperature, lubrication, environment, mounting situation). Selecting the product suitable for the respective purpose and its proper installation are the customer’s responsibility, unless written application consulting has been expressly agreed.
(2) Non-binding application-related advice from the seller (e.g. by telephone, e-mail or in guide content on the website) is given to the best of the seller’s knowledge but does not release the customer from their own examination of suitability for the intended purpose.
Sect. 11 Consumer dispute resolution
The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Sect. 36 VSBG).
Sect. 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident abroad, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their state of residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Cologne. The same applies if the customer has no general place of jurisdiction in Germany.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provisions.