General Terms and Conditions

The following Terms and Conditions shall apply exclusively to the business relationship between Carbonwerk (hereinafter referred to as “CW”) and the client (hereinafter referred to as “Customer”). The version valid at the time of the order shall apply in each case. Any differing general terms and conditions of the Customer shall not apply, even if CW does not expressly object to them. The applicability of third-party terms and conditions therefore requires the explicit written consent of CW.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the button “Buy” / “Place order with obligation to pay”, the ordering process is completed and the Customer submits a binding order for the goods contained in the shopping cart.

Confirmation of receipt of the order is sent immediately after submission of the order and does not constitute acceptance of the contract, but merely serves to provide an overview of the order details. CW may accept the Customer’s order either by sending an order confirmation by email or by delivering the goods within two (2) days. Upon acceptance, the contract is concluded.

1. All prices quoted include statutory value-added tax (VAT).
2. Payment of the agreed purchase price shall be due immediately upon receipt of the invoice, subject to the provision set out in Section III.4. CW shall transmit the invoice no earlier than together with the order confirmation. Cheques are accepted only on account of performance; any collection costs shall be borne by the Customer.
3. The Customer shall be in default if payment is not received by CW within thirty (30) days after receipt of the invoice. The Customer will be expressly informed of this with each invoice. Default interest shall be governed by Section 288 of the German Civil Code (BGB). The assertion of further damages remains unaffected.
4. The Customer may only offset claims that have been legally established, are undisputed, or have been acknowledged by CW. The Customer may exercise a right of retention only insofar as the counterclaim arises from the same contractual relationship. A right of retention for partial performance beyond Section 320 (2) BGB shall not apply unless the Customer is a consumer within the meaning of Section 13 BGB.
5. If insolvency proceedings are initiated against the Customer’s assets after conclusion of the contract, if the Customer submits an affidavit of insolvency, or if the Customer defaults on payment for another order with CW, CW shall be entitled, at its discretion, to demand full payment or appropriate security prior to delivery and, in the event of non-payment or failure to provide security within fourteen (14) days after such demand, to withdraw from the contract. If delivery has already taken place, the relevant invoice amounts shall become immediately due and payable regardless of agreed payment terms.

1. Exact delivery times are specified on the respective product detail pages.
2. If CW is unable to deliver or unable to deliver on time despite a covering transaction, CW shall also be entitled to withdraw from the contract, provided that the delivery delay is not attributable to CW. Any purchase price already paid by the Customer shall be refunded. CW may alternatively offer delivery of a comparable product. The Customer’s statutory rights remain unaffected.
3. Partial deliveries are permissible to a reasonable extent for the Customer.
4. Delivery is made worldwide. If delivery abroad is agreed, CW shall be released from its delivery obligation against reimbursement of the purchase price if delivery to the destination country is prohibited due to official orders, or becomes impossible or unreasonable due to natural disasters, military conflicts, or travel warnings issued by the German Federal Foreign Office.

1. CW retains title to the delivered goods until all payments arising from the business relationship with the Customer have been received in full. In the event of default in payment, CW shall be entitled to reclaim the delivered goods. Repossession or assertion of retention of title shall not constitute withdrawal from the contract unless expressly declared in writing by CW.
2. After repossession of the goods, CW shall be entitled to realize them. In this case, the act of realization shall constitute declaration of withdrawal from the contract. The proceeds shall be credited against the Customer’s liabilities, less reasonable realization costs.
3. In the event of seizure or other intervention by third parties, the Customer must notify CW immediately in writing so that legal action pursuant to Section 771 of the German Code of Civil Procedure (ZPO) may be initiated.
4. The Customer is entitled to resell the delivered goods only in the ordinary course of business. The Customer hereby assigns to CW all claims arising from such resale against customers or third parties in the amount of the final invoice value (including VAT). CW hereby accepts this assignment. The Customer shall remain authorized to collect these claims even after assignment. If the Customer is in default, if an application for the opening of insolvency proceedings has been filed, or if the Customer has ceased payments, the right to resell shall lapse. In such cases, CW may require the Customer to disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors of the assignment.
5. CW undertakes, at the request of the Customer, to release securities to which it is entitled insofar as the realizable value of the securities exceeds the secured claims by more than ten percent (10%). The selection of the securities to be released shall be at CW’s discretion.