Terms & Conditions

§1 scope, clientele and contractual basis

(1) The following terms and conditions apply to the purchase contract concluded between you as the buyer and us as the seller for the delivery of goods. This also applies to all orders via the agricultural machinery Neuhaus GmbH & Co. KG, Industriestraße 17-19, 49497 Mettingen online shop.
(2) All agreements made between you and us in connection with the purchase agreement are based in particular on these terms and conditions, our written order confirmation and our declaration of acceptance.
(3) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate insofar as the information contained therein has not been expressly designated as binding by us.
(4) Our offers are aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these terms and conditions, a consumer is any natural person who concludes the contract for a purpose that can not be attributed to their commercial or independent professional activity (§ 13 of the Civil Code - BGB); and is an entrepreneur a natural or legal person or a legal partnership that acts in the execution of the contract in the exercise of their commercial or independent professional activity (§ 14 BGB).
(5) Terms and conditions of the customer do not apply, even if we do not separately contradict their validity in individual cases.

§2 contract

(1) Offers and prices contained in brochures, advertisements and other advertising material are non-binding.
(2) The following applies to orders via our online shop:
1. Our offers in the online shop are non-binding. The product presentations in the online shop are used to submit a purchase offer by the customer. By clicking on the button “Order with obligation to pay” you are submitting a binding purchase offer.
2. We can accept your order within 5 days of submitting your purchase offer. This is done by sending a separate order confirmation or by delivering the goods.
3. The receipt of the order is confirmed by automated e-mail immediately after the order has been sent ("order confirmation") and does not yet constitute acceptance of the contract.
4. If you are a consumer, you are entitled to revoke the offer you have made to conclude a contract in accordance with the special cancellation and return instructions that you will receive when placing your order on our website and to return the goods.
5. After expressly weighing up interests, when concluding contracts and in certain cases in which there is a legitimate interest, our company also checks your creditworthiness with existing customers. To do this, we work with Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from whom we receive the data we need. For this purpose, we will send your name and contact details to Creditreform Boniversum GmbH. The information according to Art. 14 of the EU General Data Protection Regulation
for the data processing taking place at Creditreform Boniversum GmbH, see: www.boniversum.de/EU-DSGVO

§3 prices; payment

(1) The details regarding pricing and terms of payment result from the arrangements made when concluding the contract.
(2) Unless we have agreed otherwise with you in writing, the purchase price owed by you without deductions shall be payable within 8 days after our invoice has been received by you.
(3) If you are in default of payment, we are entitled to demand from this date interest in the amount of 5% above the respective base interest rate of the European Central Bank (ECB). In that regard, we reserve the right to prove higher damages.
For merchants, our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.

§4 offsetting; lien

You are only entitled to offset against our claims if your claims have been legally established, we have recognized them or if your claims are undisputed. If you are a consumer, you may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§5 delivery and service time

(1) Our delivery dates or delivery times are only non-binding information, unless they have been expressly agreed between you and us as binding.
(2) You may request in writing within four weeks after exceeding a non-binding delivery date or a non-binding delivery period to deliver within a reasonable time. If we culpably fail to comply with an expressly agreed delivery date or a delivery period expressly agreed as binding, or if we are in default for any other reason, you must set us a reasonable grace period to effect our services. If we let this grace period pass without result, you are entitled to withdraw from the contract of sale.
(3) All delivery dates specified by us when ordering or otherwise agreed begin
1. if delivery against prepayment has been agreed, on the day of receipt of the full purchase price, including sales tax;
2. if payment on account has been agreed, on the day the sales contract is concluded.
The date of delivery of the goods by us to the shipping company is decisive for compliance with the shipping date.
(4) Should the delivery of the goods fail due to your fault despite three times delivery attempt, we can withdraw from the contract. Possibly. Payments made will be reimbursed immediately.
(5) We are entitled to partial deliveries and partial services at any time, if this is reasonable for you.

§6 shipping and transfer of risk

(1) Unless otherwise agreed, we will determine the appropriate shipping method and carrier at our discretion.
(2) We owe only the timely, proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. A shipping time specified by us is therefore not binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, if we only owe the shipment, the risk passes to the customer upon delivery of the goods to the transport company.

§7 warranty and liability

I. If you are an entrepreneur, your warranty claims and our liability are based on the following provisions under (1) - (8).

(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance. If the purchased item is second-hand goods, the warranty period is 3 months from delivery. These deadlines do not apply to claims for damages of the client resulting from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the seller or his vicarious agents, which become statute-barred according to the statutory provisions.
(2) The delivered items are to be examined carefully immediately after delivery to the client or to the third party appointed by him. They shall apply to obvious defects or other defects that would have been apparent in an immediate, careful examination, as approved by the buyer, if the seller does not receive a written notice of defects within seven working days after delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the Buyer if the written notice of defects is not received by the Seller within seven working days from the date on which the defect was revealed; If the defect was already apparent to the client under normal conditions of use at an earlier date, that earlier date is decisive for the commencement of the period of notice. The complaint must be made in writing, ie in written or text form (for example letter, e-mail, fax).
(3) In the event of material defects in the delivered items, the seller is initially obliged and entitled to repair or replace the goods at his own discretion within a reasonable period. In case of failure, ie. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the client can withdraw from the contract or reduce the purchase price appropriately. Repair costs or other costs such as shipping or return costs will not be borne by us
(4) The liability of the seller for damages, for whatever legal reason, in particular from impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, as far as it comes to a fault, according to the following paragraphs (5) to (8) restricted.
(5) The seller is not liable in case of simple negligence on the part of his organs, legal representatives, employees or other vicarious agents, as far as it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely delivery and installation of the delivery item, its freedom from defects in title and such material defects that affect its functionality or serviceability more than insignificantly, as well as advice, protection and custody duties that enable the client to use the contractual object or the protection of life or limb of the client's personnel or the protection of their property against significant damage.
(6) Insofar as the seller is fundamentally liable for damages in accordance with section 5 above, this liability is limited to damages which the seller foresaw upon conclusion of the contract as a possible consequence of a breach of contract or which he should have foreseen by applying due diligence. Indirect damage and consequential damage, which are the result of defects in the delivery item, are also only substitutable insofar as such damage can typically be expected in the case of the intended use of the delivery item.
(7) The above disclaimers and limitations apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the seller.
(8) The restrictions of this § 7 I, paragraphs (1) - (7) do not apply to the liability of the seller for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

II. If you are a consumer, your warranty claims and our liability are based on the following provisions under (1) - (7).

(1). The warranty amounts to 24 months according to the legal requirements, whereby the reverse applies after 6 months and the buyer has to prove the defect.
(2) Complaints must be made in writing, ie in written or text form (for example letter, e-mail, fax).
(3) Claims for damages by the buyer due to obvious material defects in the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods. Repair costs or other costs such as shipping or return costs will not be borne by us.
(4) Our liability for damages, for whatever legal reason (especially in case of delay, defects or other breaches of duty), is limited to the contractually typical, foreseeable damage.
(5) In the event that the object of purchase is a second-hand item, the limitation period for claims arising from defects in title and title is 1 year. The period begins with the delivery of the goods and in the event that an acceptance is agreed with the acceptance.
(6) The above limitation of liability does not apply to our liability for willful misconduct or gross negligence, for guaranteed characteristics, injury to life, limb or health or under the Product Liability Act.
(7) Claims for defects do not apply in particular in the following cases:
a) If the notification of defects was not made properly and on time
b) If the damage was caused by violations of the operating and Care instructions or against the manufacturer's operating instructions, such as due to improper storage, incorrect assembly, incorrect repairs, lack of maintenance and changes to contractual products such as the conversion or installation or addition of parts of foreign origin, non-compliance with operating and running-in instructions, non-treatment of damage immediately after these Finding.
c) In the event of damage caused by changes, alterations or excessive loads resulting from use in competitions or events similar to competitions.
d) In the case of normal wear and tear and accident damage or defects that have arisen as a result of unusual external influences.

§8 Retention of Title

(1) We reserve the title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the product in question.
(2) The customer is not entitled without our prior written consent to resell the goods delivered by us and subject to retention of title.

Sec. 9 Place of jurisdiction

If you are a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction - including international jurisdiction - is the seller's domicile. In addition, the respectively applicable statutory provisions apply to the local and international jurisdiction.

§10 Final provision, applicable law

The law of the Federal Republic of Germany applies to our contract. The application of the UN Sales Convention is excluded.

Alternative dispute resolution under Article 14 1 para ODR Regulation and § 36 VSBG..:

The European Commission is providing a platform for online dispute resolution (OS), which you can https://ec.europa.eu/consumers/odr find. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.