General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Hans Gerald Brüne) via the website www.lagertechnik-direkt.de, unless a modification is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our products for sale only insofar as you are a natural or legal person or a partnership with legal capacity who, at the conclusion of the legal transaction, is acting in the exercise of your commercial or independent professional activity (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Upon placing the respective product on our website, we already submit to you a binding offer to conclude a contract via the online shopping cart system on the terms specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order data is finally displayed to you as an order overview.
Insofar as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Sofort) as the payment method, you will either be directed to the order overview page in our online shop or be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data is displayed to you as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of your internet browser), or to cancel the order. By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) You may furthermore submit a binding contractual offer (order) by telephone, by email, by fax, or by post. For orders placed by telephone, acceptance of the offer (and thus the conclusion of the contract) takes place immediately or at the latest within 5 days by confirmation in text form (e.g. email), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation). Should you not have received a corresponding notification within this period, you are no longer bound by your order. Any services already rendered will in this case be refunded without delay.
(5) Upon request, we will prepare an individual offer for you, which will be sent to you in text form and by which we will be bound for 5 days (unless a different period is stated in the respective offer). You accept the offer by confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Prices, Payment Terms and Shipping Costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include the statutory value-added tax.
(2) The shipping costs incurred are not included in the purchase price; they are calculated separately, unless free delivery has been agreed. Further details can be found under a correspondingly labelled button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly labelled button on our website or in the respective offer. Unless a different payment period is stated for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. Cash discounts (Skonto) may only be deducted if expressly stated in the respective offer or in the invoice.
§ 4 Delivery Terms
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of the payment method advance payment by bank transfer, the goods are dispatched only after receipt of the full purchase price and the shipping costs by us.
(2) Should a product ordered by you unexpectedly not be available, despite the timely conclusion of an adequate hedging transaction, for a reason for which we are not responsible, you will be informed without delay of the unavailability and, in the event of withdrawal, any payments already made will be refunded without delay.
(3) Dispatch is at your risk. If you so wish, dispatch will take place with a corresponding transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permitted and may be invoiced by us independently, provided that you are not thereby burdened with additional shipping costs.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply: - to culpably caused damage attributable to us arising from injury to life, body, or health, and to other damage caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; - in the case of items which, in accordance with their customary use, have been used for a building structure and have caused its defectiveness; - in the case of statutory rights of recourse that you have against us in connection with rights relating to defects.
(2) Only our own statements and the manufacturer's product description are deemed agreed as the condition of the item, but not other advertising, public promotions, or statements by the manufacturer.
(3) In the event of defects, we provide warranty at our discretion by rectification or subsequent delivery. Should the remedy of the defect fail, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the item or of the defect or from the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transferring the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
§ 6 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the ongoing business relationship have been fully settled. Before title to the goods subject to retention of title has passed, pledging or transfer by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. For this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept this assignment. You are furthermore authorised to collect the claim. Insofar as you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 7 Choice of Law
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
II. Customer Information
1. Identity of the Provider
Hans Gerald Brüne Brückenplatz 5 59821 Arnsberg Germany Telephone: 01747480156 Email: service@lagertechnik-direkt.de
2. Information on the Formation of the Contract
The technical steps for concluding the contract and the conclusion of the contract itself, as well as the correction options, take place in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order or the request, the contract data can be printed out via the print function of the browser or saved electronically.
These General Terms and Conditions and Customer Information were prepared by the lawyers specialising in IT law of the Händlerbund and are continuously checked for legal compliance.
last updated: 01.07.2025