General Terms and Conditions

§ 1 Scope and general information

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between a consumer as defined in § 13 BGB (German Civil Code) (hereinafter "Customer") and us, Andres Industries AG.

(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

§ 2 Conclusion of contract and ordering process

(1) The presentation of products in our online shop does not constitute a legally binding offer, but an non-binding online catalog.

(2) By clicking the order button, the customer places a binding order for the goods contained in the shopping cart. The customer will immediately receive an email confirming receipt of the order (order confirmation). This confirmation does not yet constitute acceptance of the contract.

(3) A binding contract is only concluded when we confirm the order by a separate declaration of acceptance via email or ship the goods to the customer.

(4) During the ordering process, the customer must confirm by activating a checkbox that they have taken note of these GTC and the data protection declaration.

§ 3 Right of withdrawal for consumers

As a consumer, you have a statutory right of withdrawal for distance contracts:

Instructions on withdrawal Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us

Andres Industries AG
Weißenseer Weg 37
Entrance 2
1st floor, 13055 Berlin
Telephone: +49 (0)30 458 039 00
Email: info@andres-industries.de

by means of a clear declaration (e.g. a letter sent by post, an email or via the button provided on our website ("Withdraw contract")) of your decision to withdraw from this contract.


Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment as you used for the original transaction.

You shall bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

§ 4 Prices, shipping costs and payment terms

(1) The prices stated in our online shop are final prices. They include the statutory German VAT and all other price components.

(2) The applicable delivery and shipping costs are not included in the purchase price and will be shown separately during the ordering process.

§ 5 Delivery conditions and transfer of risk

(1) Goods are delivered by shipping to the delivery address specified by the customer.

(2) Statutory transfer of risk: In sales to consumers, the risk of accidental loss and accidental deterioration of the sold goods only passes to the customer or a recipient designated by him upon delivery of the goods. This applies regardless of whether the shipment is insured or uninsured.

§ 6 Retention of title

The delivered goods remain the property of Andres Industries AG until the purchase price owed has been paid in full.

§ 7 Liability for defects (warranty)

(1) In the event of material defects or defects in title of the delivered goods, the statutory warranty regulations of the BGB apply without restriction.

(2) The statutory limitation period for claims for defects for newly manufactured goods is mandatorily 24 months for consumers and begins with the delivery of the goods to the customer. Any shortening of this period in general terms and conditions is ineffective.

§ 8 Limitation of liability

(1) We are liable without limitation for damages resulting from injury to life, body or health, in the case of intent, gross negligence and according to the Product Liability Act.

(2) In the event of a slightly negligent breach of duties whose fulfillment is essential for the proper execution of the contract (cardinal duties), our liability is limited to the contract-typical, foreseeable damage.

§ 9 Applicable law and place of jurisdiction

(1) For all legal relations between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence (principle of favorability).

§ 10 Dispute resolution / arbitration

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board (information according to § 36 VSBG).

§ 11 Data protection

The processing of personal data is carried out strictly in accordance with the provisions of the GDPR. For details, please refer to our data protection declaration at: https://www.andres-industries.de/pages/datenschutz-andres-industries

General Terms and Conditions

§ 1 General – Scope of Application

(1) Our terms of sale apply exclusively; we do not recognize any conflicting or deviating terms of the customer, unless we have expressly agreed to their validity in text form. Our terms of sale also apply if we carry out the delivery to the customer without reservation, even if we are aware of conflicting or deviating terms of the customer.

(2) All agreements made between us and the customer for the purpose of executing this contract are laid down in text form in this contract.

(3) These terms of sale also apply to all future transactions with the customer within the framework of the ongoing business relationship, even if they are not explicitly agreed upon again.

§ 2 Offer – Offer Documents

(1) If the order qualifies as an offer according to § 145 BGB (German Civil Code), we can accept it within two weeks.

(2) We reserve ownership and copyrights to illustrations, drawings, calculations, and other documents. This also applies to such documents in text form that are designated as "confidential". The customer requires our express consent in text form before passing them on to third parties.

§ 3 Prices – Payment Terms

(1) Unless otherwise stated in the order confirmation, our prices are "ex works," excluding packaging; the latter will be charged separately.

(2) The statutory value-added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

(3) A discount deduction requires a special agreement in text form.

(4) Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 30 days from the invoice date. The statutory rules regarding the consequences of default in payment apply.

(5) The customer is only entitled to offset claims if their counterclaims have been legally established, are undisputed, or have been recognized by us. Furthermore, they are entitled to exercise a right of retention only insofar as their counterclaim is based on the same contractual relationship.

§ 4 Self-supply Clause

The conclusion of the contract is subject to the timely and correct self-supply by our suppliers.
This only applies if we are not responsible for the non-delivery, especially if we have concluded a concrete, congruent hedging transaction in a timely manner and have been let down by our supplier. We will inform the customer immediately about the unavailability of the goods and immediately refund any consideration already provided.

§ 5 Delivery Time and Delay in Delivery

(1) The start of the delivery time stated by us presupposes the clarification of all technical questions.

(2) Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.

(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims or rights remain reserved.

(4) If the conditions of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time when they are in default of acceptance or payment.

(5) We are liable according to the statutory provisions, insofar as the underlying purchase contract is a firm transaction in the sense of § 286 para. 2 no. 4 BGB or § 376 HGB (German Commercial Code).

(6) We are further liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typical damage.

(7) We are also liable according to the statutory provisions if the delay in delivery for which we are responsible is due to the culpable breach of an essential contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typical damage.

(8) In all other respects, in the event of a delay in delivery, we are liable for each completed week of delay within the framework of a liquidated compensation for delay of 0.5% of the delivery value, but not more than 5% of the delivery value in total. The parties reserve the right to prove that higher, lower, or no damage has occurred.

§ 6 Transfer of Risk – Packaging Costs

(1) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed. This also applies if we organize the transport on behalf of the customer.

(2) Separate contractual or statutory agreements apply to the return of packaging.

(3) If the customer wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

§ 7 Liability for Defects (Warranty)

(1) The customer's claims for defects presuppose that they have properly and promptly complied with their obligations to inspect and give notice of defects in text form as required by § 377 HGB.

(2) Insofar as there is a defect in the purchased item, we are entitled, at our discretion, to provide subsequent performance in the form of rectifying the defect or delivering a new, defect-free item. In the event of subsequent performance, we shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor, and material costs, unless the expenses increase because the purchased item was moved to a location other than its intended use after delivery.

(3) If the subsequent performance fails, the customer is entitled, at their option, to demand rescission or a reduction in price.

(4) We are liable according to the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part. Insofar as we are not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typical damage.

(5) The limitation period for claims for defects is 12 months, calculated from the transfer of risk. This period does not apply to damages resulting from injury to life, body, or health.

§ 8 Total Liability

(1) Any further liability for damages than provided for in § 7 is excluded – regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, due to other breaches of duty or due to tortious claims for compensation for property damage according to § 823 BGB.

(2) Insofar as our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.

§ 9 Retention of Title

(1) We reserve ownership of the purchased item until receipt of all payments from the business relationship with the customer. In the event of the customer's breach of contract, particularly in the event of default in payment, we are entitled to take back the purchased item. The taking back of the purchased item by us does not constitute a withdrawal from the contract, unless we expressly declare this in text form.

(2) The customer is obliged to treat the purchased item with care and to insure it at their own expense against fire, water, and theft damage to its replacement value.

(3) In the event of attachments or other interventions by third parties, the customer must notify us immediately in text form.

(4) The customer is entitled to resell the purchased item in the ordinary course of business; however, they hereby assign to us all claims amounting to the final invoice amount (including VAT) that arise from the resale against their customers or third parties.

§ 10 Place of Jurisdiction – Place of Performance – Law

(1) If the customer is a merchant, our registered office is the place of jurisdiction; however, we are also entitled to sue the customer at their court of residence.

(2) The law of the Federal Republic of Germany applies; the application of the UN Sales Convention (CISG) is excluded.

(3) Unless otherwise stated in the order confirmation, our registered office is the place of performance.

(4) Data processing is carried out according to the requirements of the GDPR. Further information can be found in the privacy policy at: https://www.andres-industries.de/pages/datenschutz-andres-industries