1. Validity of the general terms and conditions
These general terms and conditions of business and delivery apply to all contracts concluded between ReAct Now GmbH and the customer as well as all other agreements made within the framework of the business relationship. The customer's general terms and conditions are expressly not part of the contract, even if ReAct Now GmbH does not expressly object to them. In the event that the customer does not want the following general terms and conditions to apply, he must notify ReAct Now GmbH in writing beforehand.
2. Terms of payment and prices
Unless otherwise agreed in writing, all invoices from ReAct Now GmbH are payable within fourteen days of the invoice date. The date of receipt of the payment by ReAct Now GmbH is decisive.
In the event of default, ReAct Now GmbH is entitled to withhold further deliveries and services. If the customer is in default of payment, ReAct Now GmbH is entitled to charge interest at a rate of 9 percentage points above the applicable base interest rate.
All prices do not include the respective statutory sales tax. ReAct Now GmbH is entitled to make partial deliveries if this is reasonable for the contractual partner.
3. Delivery and shipping
All offers are non-binding. Delivery occurs only as long as the stock lasts. All delivery dates specified by ReAct Now GmbH are approximate and can therefore be exceeded by two to three days, unless a binding delivery date has been expressly agreed in writing. If the buyer requests changes or additions to the order after the order has been placed, or if other circumstances occur that make it impossible for ReAct Now GmbH to meet the delivery date, although ReAct Now GmbH is not responsible for these circumstances, the delivery date will be postponed by a reasonable period of time. If non-compliance with a binding delivery date can be proven to be due to mobilization, war, riots, strike or lockout or other circumstances for which ReAct Now GmbH is not responsible according to general legal principles, the delivery period will be extended appropriately. The customer can withdraw from the contract if he sets ReAct Now GmbH a reasonable grace period. The withdrawal must be made in writing. If ReAct Now GmbH is unable to fulfill the contract in whole or in part for the aforementioned reasons, it will be released from its delivery obligation.
The costs for shipping and transport insurance are generally to be borne by the customer, whereby the choice of shipping route and type of shipping is at the discretion of ReAct Now GmbH.
The customer is obliged to inspect the goods immediately upon arrival and to report any visible transport damage and any damage to the packaging to ReAct Now GmbH immediately in writing. The same applies to hidden damage from the point at which the defect becomes apparent. If ReAct Now GmbH loses its claims against the insurance company or the sub-supplier due to the failure to fulfill this obligation, the customer is liable for all costs resulting from this breach of obligation. The risk passes to the customer as soon as the goods leave the factory or warehouse of ReAct Now GmbH.
4. Limitation of liability
ReAct Now GmbH is liable in the event of intent and gross negligence in accordance with the statutory provisions. In the case of simple negligence, ReAct Now GmbH is only liable if an essential contractual obligation (cardinal obligation) is violated or there is a case of delay or impossibility. In the case of liability due to simple negligence, this liability is limited to such damage that is foreseeable or typical. Liability for the lack of guaranteed properties, due to fraudulent intent, for personal injury, defects of title, according to the Product Liability Act and the Federal Data Protection Act remains unaffected.
In the event of a claim against ReAct Now GmbH for warranty or liability reasons, contributory negligence on the part of the customer must be taken into account, especially in the case of insufficient error messages.
The limitations of liability set out below also apply to vicarious agents of ReAct Now GmbH.