ALLGEMEINE GESCHÄFTSBEDINGUNGEN

1. VALIDITY OF THE TERMS AND CONDITIONS
1.1 THE SUPPLIES, SERVICES AND OFFERS OF BIKO WARENHANDELSGESELLSCHAFT MBH ARE MADE SOLELY ON THE BASIS OF THESE GTCS. THESE SHALL ALSO APPLY TO ALL FUTURE BUSINESS RELATIONS, EVEN IF THEY HAVE NOT BEEN EXPRESSLY AGREED UPON AGAIN.
2. CONCLUSION OF A CONTRACT
2.1 BIKO WARENHANDELSGESELLSCHAFT MBH SHALL BE BOUND TO OFFERS PREPARED AT THE REQUEST OF THE CUSTOMER FOR 30 DAYS AFTER THE DATE OF SENDING THE OFFER.
2.2 THE CUSTOMER IS BOUND TO HIS ORDER FOR 3 WEEKS. THE CONTRACT IS BROUGHT ABOUT THROUGH CONFIRMATION OR EXECUTION OF THE ORDER BY BIKO WARENHANDELSGESELLSCHAFT MBH.
2.3 SUBSIDIARY AGREEMENTS AND SUPPLEMENTS OR AMENDMENTS TO THE CONTRACT MUST BE MADE IN WRITING TO BE EFFECTIVE.
2.4 DRAWINGS, ILLUSTRATIONS, DIMENSIONS, WEIGHTS OR OTHER SERVICE DATA ARE ONLY BINDING IF THEY ARE AGREED IN WRITING.
3. PRICES
3.1 ALL PRICES ARE SUBJECT TO THE APPLICABLE STATUTORY RATE OF VALUE-ADDED TAX.
3.2 THE CUSTOMER SHALL BEAR THE COSTS FOR PACKAGING, CARRIAGE, POSTAGE AND INSURANCE. BIKO WARENHANDELSGESELLSCHAFT MBH IS ENTITLED TO CARRY OUT THE DELIVERY ON A C.O.D. BASIS AT THE CUSTOMER’S EXPENSE.
4. DELIVERY PERIODS
4.1 DELIVERY DATES AND DEADLINES ARE ONLY BINDING FOR BIKO WARENHANDELSGESELLSCHAFT MBH IF THEY HAVE BEEN AGREED IN WRITING.
4.2 THE PARTIES ONLY CONSIDER THE DURATION OF A TIME LIMIT FOR PERFORMANCE OR SUBSEQUENT PERFORMANCE TO BE SET BY THE CUSTOMER AS REASONABLE IF IT IS FOR AT LEAST TWELVE WEEKS, AS BIKO WARENHANDELSGESELLSCHAFT MBH ALSO HAS PRODUCTION CARRIED OUT ABROAD. THE TIME LIMIT ONLY STARTS TO RUN UPON RECEIPT OF THE NOTIFICATION AT BIKO WARENHANDELSGESELLSCHAFT MBH.
5. DELIVERY AND TRANSFER OF RISK
5.1 THE PLACE OF PERFORMANCE FOR THE SERVICES OF BOTH PARTIES IS MANNHEIM.
5.2 THE RISK OF ACCIDENTAL LOSS OR ACCIDENTAL DETERIORATION OF THE CONTRACTUAL ITEM IS TRANSFERRED TO THE CUSTOMER UPON HANDING OVER TO THE CUSTOMER OR TO THE TRANSPORT PERSON.
6. WARRANTY
6.1 DELIVERIES SHALL BE EXAMINED AND CHECKED IMMEDIATELY UPON RECEIPT BY THE CUSTOMER. ANY SUBSEQUENT COMPLAINTS ARE EXCLUDED AFTER UNCONDITIONAL ACCEPTANCE OF THE CONTRACTUAL ITEM BY THE CUSTOMER OR A PERSON AUTHORISED BY HIM. NOTICE OF OTHER DEFECTS, INSOFAR AS THEY ARE DISCERNIBLE, CAN ONLY BE GIVEN WITHIN 8 WORKING DAYS AFTER RECEIPT, IN OTHER RESPECTS ONLY WITHIN 8 WORKING DAYS OF DISCOVERY. NOTICES OF DEFECTS MUST BE GIVEN IN TEXT FORM OR IN WRITING.

6.2 NOTWITHSTANDING ANY COMPENSATION CLAIMS OF THE CUSTOMER, BIKO WARENHANDELSGESELLSCHAFT MBH PROVIDES WARRANTY INITIALLY AT ITS OWN DISCRETION FOR DULY NOTIFIED DEFECTS WHICH SIGNIFICANTLY IMPAIR THE VALUE OR THE MERCHANTABILITY OF THE CONTRACTUAL ITEM THROUGH THE DELIVERY OF A FAULTLESS ITEM OR THROUGH RECTIFICATION OF THE GOODS SUPPLIED. IN THE EVENT OF RECTIFICATION, THE CUSTOMER SHALL ONLY BE ENTITLED TO ASSERT FURTHER CLAIMS AFTER THE RECTIFICATION HAS FAILED TWICE.
6.3 THE PERIOD OF LIMITATION OF § 438 PARA. 1 NO. 3 BGB (GERMAN CIVIL CODE) IS REDUCED TO ONE YEAR IF NEW ITEMS ARE DELIVERED. THIS DOES NOT APPLY TO CASES OF INTENTIONAL BREACHES OF CONTRACT. IN THE CASE OF THE DELIVERY OF USED ITEMS, WARRANTY CLAIMS OF THE CUSTOMER ARE EXCLUDED UNLESS BIKO WARENHANDELSGESELLSCHAFT MBH FRAUDULENTLY CONCEALED THE DEFECT OR ASSUMED A GUARANTEE OF QUALITY.
7. LIABILITY
7.1 THE LIABILITY OF BIKO WARENHANDELSGESELLSCHAFT MBH OR ITS VICARIOUS AGENTS IS BASICALLY LIMITED TO DAMAGES WHICH BIKO WARENHANDELSGESELLSCHAFT MBH OR ITS VICARIOUS AGENTS HAVE CAUSED INTENTIONALLY OR THROUGH GROSS NEGLIGENCE.
8. PAYMENT
8.1 INSOFAR AS THE DELIVERY IS NOT MADE ON A C.O.D. BASIS, PAYMENTS WITH DISCHARGING EFFECT MAY ONLY BE MADE DIRECTLY TO BIKO WARENHANDELSGESELLSCHAFT MBH OR TO AN ACCOUNT SPECIFIED BY THE LATTER.
8.2 INVOICES FROM BIKO WARENHANDELSGESELLSCHAFT MBH ARE TO BE PAID WITHOUT ANY DEDUCTIONS WITHIN 10 CALENDAR DAYS OF THE DATE OF INVOICE
8.3 SHOULD THE CUSTOMER FALL INTO ARREARS WITH HIS PAYMENTS, BIKO WARENHANDELSGESELLSCHAFT MBH IS ENTITLED TO CHARGE INTEREST AT A RATE OF EIGHT PERCENTAGE POINTS ABOVE THE BASE RATE IN ACCORDANCE WITH § 247 BGB, AT LEAST, HOWEVER, AT A RATE OF 10 % PER ANNUM. NECESSARY DUNNING NOTICES AFTER THE DEFAULT HAS OCCURRED ARE TO BE CHARGED AT EUR 5.00 PER DUNNING NOTICE.
8.4 THE CUSTOMER IS ONLY ENTITLED TO SET-OFF AGAINST CLAIMS OF BIKO WARENHANDELSGESELLSCHAFT MBH IF THE COUNTERCLAIM IS UNCONTESTED OR HAS BEEN RECOGNISED BY DECLARATORY JUDGEMENT.
9. PLACE OF JURISDICTION
9.1 THE PARTIES AGREE ON THE LOCAL COURT OR REGIONAL COURT IN MANNHEIM AS THE PLACE OF JURISDICTION FOR ANY DISPUTES ARISING FROM THE CONTRACTS CONCLUDED.
10. FINAL PROVISIONS
10.1 SHOULD ONE OR SEVERAL PROVISIONS OF THESE GTCS BE OR BECOME INVALID, THIS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS. THE INVALID PROVISION IS TO BE SUBSTITUTED WITH A VALID AND PRACTICABLE RULE, WHOSE EFFECTS COME AS CLOSE AS POSSIBLE TO THE BUSINESS OBJECTIVES THE CONTRACTING PARTIES ORIGINALLY INTENDED WITH THE INVALID PROVISION.
10.2 THE CUSTOMER AGREES THAT BIKO WARENHANDELSGESELLSCHAFT MBH STORES THE DATA RECEIVED FROM THE BUSINESS RELATIONSHIP WITHIN THE MEANING OF THE DATA PROTECTION LAW FOR ITS ON BUSINESS PURPOSES.

IMPRESSUM

Angaben gem. § 5 TMG

Betreiber und Kontakt:
Biko GmbH
Ortenaustraße 17a
68163 Mannheim

Telefonnummer:
0621 / 81 90 280
Fax:
0621 / 81 90 282
E-Mail-Adresse:
parts@biko-gmbh.de
Umsatzsteuer-ID:
DE143 875320

Vertretung:
Biko GmbH wird vertreten durch Mehmet Kocabas
Berufsbezeichnung: Kaufmann
Zuständige Kammer:
IHK
Verliehen in/durch:
Baden-Württemberg
Register und Registernummer:
Mannheim HRB5448
Angaben der Quelle für verwendetes Bilder- und Grafikmaterial:
BIKO-GmbH