Our terms and conditions

General Terms and Conditions of SK UV Gele
We sell exclusively to professionals. There is no sale to consumers.

§ 1 Scope

1. Our offers, deliveries and services are subject exclusively to the following general terms and conditions.

2. Our General Terms and Conditions of Business shall apply exclusively; we shall not recognize any conflicting or deviating general terms and conditions of business of the customer unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we render our performance without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. In commercial business transactions, counter-confirmations with reference to business or purchasing conditions are hereby expressly rejected. This shall also apply if these are transmitted by means of a letter of confirmation.

§ 2 Conclusion of contract

1. All offers are subject to change and non-binding. Public statements of the seller, the manufacturer, their assistants or third parties do not constitute descriptions supplementing or modifying the characteristics of the delivery item. The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual descriptions within the scope of our offers. The language available for the conclusion of the contract is exclusively German.

2. The customer's order constitutes a binding offer, which we can accept within one week by sending the order confirmation by e-mail. The customer must check the order confirmation again and notify us of any objections in writing within 2 working days. After expiration of this period, objections regarding the order are excluded.

3. We do not assume any procurement risk. We are entitled to withdraw from the contract insofar as we do not receive the means of production despite the prior conclusion of a corresponding purchase contract on our part; our responsibility for intent or negligence remains unaffected. We shall inform the Purchaser without delay of the non-timely availability of the means of production and, if we wish to withdraw, exercise the right of withdrawal without delay; we shall reimburse the Purchaser without delay for the corresponding consideration in the event of withdrawal.

4. We shall only become a contractual partner if it is not expressly stated during the ordering process that an offer is being made.

5. We reserve the property rights and copyrights to offer documents, illustrations, drawings, calculations and other documents. This shall also apply to such written documents which are designated as "confidential". The customer must obtain our express written consent before passing them on to third parties.

§ 3 Prices and payments

1. The price stated by us in the written order confirmation shall be binding. The prices are in Euro and are net plus the applicable statutory value added tax. Additional delivery and shipping costs shall be incurred, which shall be shown separately within the scope of the written order confirmation.

2. If the price at the time of performance has increased due to a change in the market price or due to an increase in the fees charged by third parties involved in the performance of the service, we reserve the right to demand the increased price. If this is 20% or more above the price agreed in the order confirmation, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.

3. Unless otherwise agreed, the shipment of the goods shall be made exclusively against advance payment. In the case of shipment of the goods on account, this is due for payment within 7 days after receipt and without deduction. Payments are to be made to us free of costs and expenses. In the event of default of payment, the statutory provisions shall apply.

4. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4 Retention of title

The goods remain the property of SK UV Gele GmbH until full payment has been received.

§ 5 Delivery

1. The customer bears the costs of shipping, which are shown separately in the context of the specific offer.
We ship customs cleared excluding customs duties. The customer bears the costs for the preparation of necessary customs documents.

2. if delivery periods have been specified by us and made the basis for placing the order, such periods shall be extended in the event of strike or cases of force majeure, namely for the duration of the delay. The same shall apply insofar as the customer fails to fulfill any obligations to cooperate.

3. Unless otherwise stated in an order confirmation, delivery shall be ex works. The customer must therefore inspect deliveries for defects and completeness immediately upon receipt. Complaints of any kind must be made to us in writing without delay, at the latest, however, within 2 working days after receipt of the goods. If the customer fails to notify us in writing of an obvious defect or shortage within the aforementioned period, our performance shall be deemed to be in accordance with the contract.

§ 6 Warranty

1. The warranty period is 1 year and begins with the transfer of risk. The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected. This shall not apply insofar as claims for damages due to defects are concerned. For claims for damages due to a defect, § 6 shall apply.

2. Claims for defects shall not exist in the case of only insignificant deviation of the goods from the agreed quality or in the case of only insignificant impairment of the usability.

3. We reserve the right to choose the type of subsequent performance in the event of a defect.

4. Without prejudice to our further claims, in the event of an unjustified notice of defect, the customer shall reimburse us for the expenses incurred in inspecting and - if requested - rectifying the defect.

§ 7 Liability

1. Our liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This shall not apply in the case of injury to life, body and health of the customer, claims due to the breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault. However, as far as damages are concerned which do not result from the injury of life, body and health of the customer, we shall only be liable for the typically occurring damage.

2. The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.

3. Insofar as liability for damages that are not based on injury to life, body and health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the accrual of the claim or, in the case of claims for damages due to a defect, from the handover of the item.

4. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

5. Insofar as the customer processes the delivery item, mixes it with other items or combines it with other items (hereinafter referred to as "processed" with regard to the delivery item), it shall be the exclusive responsibility and liability of the customer, when reselling or otherwise further using the
the supplier shall comply with the relevant statutory regulations and requirements when processing the delivery item. Our liability in this respect is excluded.

6. Transfer of risk in case of shipment according to §447 BGB [German Civil Code] If the seller ships the sold item to a place other than the place of performance at the buyer's request, the risk shall pass to the buyer as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

§ 8 Place of Performance - Choice of Law - Place of Jurisdiction

1. Unless otherwise stipulated in the contract, the place of performance and payment shall be our place of business. The statutory provisions on the places of jurisdiction shall remain unaffected unless otherwise provided for in the special provision of paragraph 3.

2. The law of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply.

3. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law shall be the court responsible for our place of business.

§ 9 Other

1. The products delivered by us in the territory of the Federal Republic of Germany are intended for use and to remain in the Federal Republic of Germany. Import and export of products may be subject to approval by the customer. The customer is therefore obliged to inform himself independently about the regulations applicable to this and to comply with them. In the event of a violation of the provisions, the customer shall be liable in full for the damage resulting therefrom.

2. The product photographs shown by us can not exactly reflect the natural color and actual size of the products due to technical reasons. Color deviations are therefore possible and do not represent a defect.

3. Verbal commitments by our representatives or other auxiliary persons require written confirmation by us.

4. Should any provision of these general terms and conditions be or become void, the validity of the remaining provisions shall not be affected thereby.

§ 10 Data privacy notice

We observe the provisions of the German Telemedia Act (TMG) and all other data protection regulations. We collect, store and use personal data exclusively for the fulfillment of the contractual relationship with the contractual partner. We are entitled to disclose customer data to third parties to the extent necessary for the performance of the contractual relationship. In accordance with the BDSG, we will provide you with information about the data stored by us at any time. If you wish, you can also request the correction, deletion or blocking of your data in accordance with the provisions of the Federal Data Protection Act. To do this, please contact us by e-mail.
By visiting our website, information about the access (date, time, page viewed) can be stored. This data does not belong to personal data, but is anonymized. They are evaluated exclusively for statistical purposes. A transfer to third parties, for commercial or non-commercial purposes, does not take place.

Status: August 2022