Terms and Conditions

Terms and Conditions

§ 1 Scope, Subject Matter, and Conclusion of the Respective Contract
1. The following terms and conditions conclusively govern the contractual relationship between Ebner Friseureinrichtungen GmbH & Co.KG, represented by the personally liable partner Ebner Verwaltungs GmbH, which in turn is represented by between the managing directors Melanie Leibold and Steffen Bieber—Hohe Heide 5, 97506 Grafenrheinfeld, hereinafter referred to as the “Seller”—and the respective customer.
2. These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these terms and conditions will not be recognized, unless the seller has expressly agreed to them in individual cases.
3. These terms apply only to business customers. A “business customer” within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or independent professional activity when placing an order. The seller is entitled, but not obligated, to request proof from the customer of their commercial or self-employed professional activity.
4. The subject matter of the respective contract is the sale of goods by the seller to the customer. 
5. The customer may place an order for the goods via the seller’s website, by phone, email, or fax. After submitting the order, the customer receives an order confirmation listing their details and order once again. This order confirmation does not yet constitute acceptance of the contract. The buyer is bound to their offer for 2 weeks. A valid purchase contract is only concluded upon written acceptance or upon delivery of the goods.
6. The contract text and the General Terms and Conditions will be sent to the customer via email after the order is placed. In addition, customers who have created an account can view their respective orders via their account at any time after the contract is concluded.
7. The contract is concluded exclusively in German. German law applies if the customer is a merchant. 
8. All prices are listed as net prices in euros, plus the applicable statutory sales tax.

§ 2 Execution of the Purchase Agreement, Shipping Costs
1. The customer bears the shipping costs from the seller’s place of business.
2. Upon conclusion of the purchase agreement, payment of the purchase price is due immediately. The customer may choose between various payment methods. The seller reserves the right to exclude certain payment options for international shipments, first-time orders, or for other reasons.

3. Delivery times are specified in the product description. However, delivery time estimates are non-binding unless expressly guaranteed by the seller. Partial deliveries are permitted provided they are reasonable for the customer.

4. The seller is entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase agreement, the seller does not receive the subject matter of the performance; the seller’s liability for intent or negligence remains unaffected. In this case, the seller shall immediately inform the buyer of the unavailability and promptly refund any consideration already paid. In this case, the seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of goods of equivalent price and quality. 
5. If the seller is unable to meet deadlines due to force majeure, e.g., mobilization, war, strike, riot, or similar events, these deadlines shall be extended appropriately.

§ 3 Warranty and Liability
1. The customer is entitled to statutory warranty rights for any defects, unless otherwise specified in these Terms and Conditions.
2. The warranty period for rights under Section 437(1) and (3) of the German Civil Code (BGB) for new items, deviating from Section 438(1)(3) BGB, is one year from the start of the statutory limitation period.
3. Warranty excluded for used items
4. The buyer is obligated to notify the seller in writing of any obvious defects within 14 days of receiving the goods or upon discovery of the defect.
5. Provided that this constitutes a commercial transaction between the parties within the meaning of the Commercial Code, the customer shall inspect the ordered goods immediately upon delivery. This applies in particular with regard to the completeness of the goods as well as their respective functionality. Any defects discovered during this inspection or that are readily apparent must be reported to the seller immediately. A detailed description of the defects must be included. If the buyer fails to report the defects, the goods shall be deemed accepted, unless the defect was not apparent during the inspection.
6. Defects in the goods that cannot be detected during a proper inspection pursuant to paragraph 5 must be reported to the seller immediately upon discovery, provided that the transaction is a commercial transaction between the parties; otherwise, the goods shall be deemed accepted even in light of such defect.
7. The seller is generally not liable for damages caused by slight negligence.
8. The limitations of liability set forth in the preceding sections do not apply to damages resulting from injury to life, limb, or health, in cases of fraudulent concealment of defects, claims under the Product Liability Act, in cases of intent and gross negligence, as well as in cases of breach of duties whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
9. However, the claim for damages for negligent breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in paragraph 8 applies at the same time.
10. If the seller delivers a defect-free item for the purpose of subsequent performance, the seller may demand that the buyer return the defective item in accordance with Sections 346 through 348 of the German Civil Code (BGB).

§ 4 Retention of Title, Transfer of Risk
1. The delivered goods remain the property of the seller until all claims against the customer arising from the existing business relationship have been fulfilled.
2. The buyer is permitted to process the delivered item or to mix or combine it with other items. The processing, mixing, or combining (hereinafter collectively referred to as “processing” and, with regard to the delivered item, as “processed”) is carried out on behalf of the seller; the item resulting from such processing is designated as “new goods.” The buyer shall store the new goods for the seller with the care of a prudent businessman.
3. In the event of processing with other items not belonging to the seller, the seller shall be entitled to co-ownership of the new goods in the amount of the share resulting from the ratio of the value of the processed delivery item to the value of the remaining processed goods at the time of processing. If the buyer acquires sole ownership of the new product, the parties agree that the buyer shall grant the seller co-ownership of the new product in the ratio of the value of the processed delivery item to the value of the remaining processed goods at the time of processing.
4. In the event of the sale of the delivered item or new goods, the buyer hereby assigns to the seller, by way of security, its claim arising from the resale against the purchaser, together with all ancillary rights, without the need for any further specific declarations. The assignment applies to any outstanding balance claims as well. However, the assignment applies only to the amount corresponding to the price of the delivered goods invoiced by the seller. The portion of the claim assigned to the seller is to be satisfied on a priority basis.
5. If the buyer combines the delivered item or the new goods with real property or movable property, they shall, without the need for any further specific declaration, also assign to the seller, by way of security, their claim to which they are entitled as compensation for the combination, together with all ancillary rights, in the amount of the ratio of the value of the delivered item or the new goods to the remaining combined goods at the time of the combination.
6. Until further notice, the buyer is authorized to collect the claims assigned in this provision (retention of title). The buyer shall immediately forward to the seller any payments made on the assigned claims up to the amount of the secured claim. If there is good cause, in particular in the event of default, suspension of payments, the opening of insolvency proceedings, a bill protest, or reasonable grounds for over-indebtedness or imminent insolvency on the part of the buyer, the seller is entitled to revoke the buyer’s authority to collect. Furthermore, after prior notice and subject to a reasonable notice period, the Seller may disclose the assignment for security, realize the assigned claims, and demand that the Buyer disclose the assignment for security to the customer.
7. Upon demonstrating a legitimate interest, the buyer must provide the seller with the information necessary to assert its rights against the customer and hand over the required documents.
8. While the retention of title remains in effect, the buyer is prohibited from pledging the goods or transferring them as security. Resale is permitted only to resellers in the ordinary course of business and only on the condition that payment of the value of the delivered goods is made to the buyer. The buyer must also agree with the customer that the customer acquires ownership only upon such payment. In the event of attachments, seizures, or other dispositions or interventions by third parties, the buyer must notify the seller immediately.
9. If the realizable value of all security interests to which the seller is entitled exceeds the amount of all secured claims by more than 10%, the seller shall, at the buyer’s request, release a corresponding portion of the security interests. The seller shall have the right to choose between different security interests when releasing them.
10. The risk passes to the entrepreneur upon handover to the transportation company.

§ 5 Default
1. The buyer shall be in default 10 days after the due date without further notice from the seller, provided the buyer has not paid the claim.
2. The late payment interest is 9 percentage points above the applicable base rate.
3. The seller’s right to assert further claims for damages remains unaffected by the foregoing provisions.

§ 6 Final Provisions
1. German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, applies exclusively to these General Terms and Conditions and to the respective purchase agreement if the customer is not a consumer.
2. If the parties are registered merchants, the city where the seller is headquartered is agreed upon as the venue for all disputes arising from or in connection with this contract.
3. Should one or more provisions of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. 

As of: March 22, 2022