GENERAL TERMS AND CONDITIONS:
- GENERAL PROVISIONS, SCOPE
1.1. The General Terms and Conditions of IKO in their valid version as of 16.02.2021 apply to all legal transactions between the contracting parties. These terms and conditions can be accessed online at any time on the website under www.corratec.com/de/footer-bottom-right-navigation/agb/ (Internet address).
1.2. These general terms of sale and delivery of IKO Sportartikel Handels GmbH (hereinafter referred to as "IKO") apply exclusively. Buyer terms that deviate from or contradict these sales and delivery conditions will not be recognized by IKO unless IKO has expressly agreed to their validity in writing. This requirement of consent also applies when IKO, being aware of the Buyer's terms, executes delivery unconditionally.
1.3. All agreements made between IKO and the Buyer must be in writing. The content and interpretation of contracts, amendments, or additions to contracts, as well as individual agreements, require written confirmation from IKO.
1.4. Legal declarations and notifications that the Buyer must make to IKO after concluding the contract (e.g., setting deadlines, defect notifications, declarations of withdrawal or reduction) must be in writing to be effective.
1.5. These sales and delivery terms apply only to entrepreneurs (cf. § 14 BGB), legal entities under public law, and public-law special funds (cf. § 310 para. 1 BGB).
1.6. These sales and delivery conditions also apply to all future contracts with the Buyer.
- CONTRACT CONCLUSION, SPECIFICATIONS, CHANGES
2.1. Offers from IKO are non-binding.
2.2. The Buyer's order constitutes a binding contractual offer. Unless otherwise stated in the order, IKO is entitled to accept this contractual offer within 14 days.
2.3. Acceptance by IKO can be made either in writing (e.g., via order confirmation) or by delivering the goods.
2.4. The execution of the order, particularly the specifications of the goods to be delivered by IKO, is based exclusively on IKO's specifications. IKO may make changes to the order execution or goods at any time, provided that such changes:
2.4.1. are necessary to meet legal or regulatory requirements; and
2.4.2. do not significantly affect their properties and functions and are reasonable for the Buyer.
2.5. Unless explicitly agreed otherwise, the goods are not suitable for rental use.
2.6. The goods may be subject to export control. An export license may be required for export outside the European Union. If the relevant authorities do not grant this license, IKO is entitled to withdraw from the contract without any liability, particularly for damages.
- PRICES, PAYMENT TERMS, DEFAULT IN PAYMENT
3.1. Unless otherwise agreed, IKO's prices are ex works Raubling (EXW Raubling, INCOTERMS 2010).
3.2. Packaging costs are charged separately to the Buyer. The same applies to any customs duties, fees, taxes, and other public charges.
3.3. If IKO ships the goods at the Buyer's request (cf. Section 5.1.), the Buyer bears the transport costs and any desired transport insurance costs. A shipping fee of €17.50 per bicycle applies. For all other goods, the following weight-based flat rate applies:
3.3.1. 0 to 5 kg
3.3.2. over 5 kg to 10 kg
3.3.3. over 10 kg to 20 kg
3.3.4. over 20 kg: €20.00
If the Buyer requires transport insurance, they must notify IKO in time before shipment.
3.4. IKO's prices are exclusive of the applicable statutory VAT, which is shown separately in the invoice.
3.5. Invoices are due upon receipt. If the Buyer does not pay within 30 days of invoice receipt, they will be in default without further notice. During default, interest of 8% will be charged. IKO reserves the right to claim further damages for default.
3.6. New customers are supplied only against prepayment or cash on delivery, unless they have provided sufficient proof of creditworthiness.
3.7. Discounts require a special written agreement.
3.8. If, after contract conclusion, it becomes apparent that IKO's claim for payment is at risk due to the Buyer's financial situation (e.g., application for insolvency proceedings), IKO is entitled to refuse performance and, after setting a deadline, to withdraw from the contract.
3.9. If IKO withdraws from the contract, the purchase price will be credited according to the following scale:
3.9.1. 1-45 days: 85%
3.9.2. 46-90 days: 75%
3.9.3. 91-150 days: 65%
3.9.4. Over 150 days: 50%
The Buyer may provide proof that no damage or significantly less damage has occurred.
- PARTIAL PERFORMANCE, PERFORMANCE TIME, DELIVERY DELAY
4.1. IKO is entitled to make partial deliveries, provided this is reasonable for the Buyer. Payments for partial deliveries can be requested accordingly.
4.2. Performance and delivery times specified by IKO are non-binding unless explicitly confirmed in writing as binding.
4.3. If IKO cannot meet binding performance or delivery times due to circumstances beyond its control, IKO will inform the Buyer immediately and provide a new estimated performance or delivery time.
4.4. The occurrence of delivery delays is determined by legal regulations, but a reminder from the Buyer is required in any case.
- DELIVERY, TRANSFER OF RISK, ACCEPTANCE, DEFAULT IN ACCEPTANCE
5.1. Delivery is ex works Raubling, which is also the place of fulfillment. At the Buyer's request and expense, the goods will be shipped to another destination. IKO determines the type of shipment unless otherwise agreed.
5.2. The risk of accidental loss or deterioration passes to the Buyer at the point of delivery ex works Raubling (EXW Raubling, INCOTERMS 2010).
5.3. If the Buyer is in default of acceptance or if delivery is delayed for reasons attributable to the Buyer, IKO is entitled to claim compensation, including storage costs, at a flat rate of €2.50 per calendar day.
5.4. B2B sales agreements (see partner contract for the relevant season) must be fulfilled by the end of IKO's fiscal year (June). If the agreed turnover target is not met, corratec is entitled to invoice the shortfall or reclaim granted discounts. The partner may, according to availability, source goods from stock to fulfill the agreement.
5.5. The user manual is provided only in German and English. The importer is responsible for translations into other languages.
(To be continued with warranty, liability, retention of title, jurisdiction, and governing law sections.)