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Smolka Tor- und Antriebstechnik GmbH
Door and drive technology
Kaiser-Friedrich-Strasse 84
10585 Berlin

Responsible is Smolka Tor- und Antriebstechnik GmbH

Phone: +49 30 347 99 017

1. general information
Our offers are subject to change and non-binding. Any conflicting terms and conditions of the contractual partner shall be deemed expressly excluded. Transfers of rights and obligations of the buyer from the sales contract require the written consent of the seller.

2. prices
All prices are exclusive of packaging and transport costs. Cost estimates are not binding. This also applies if a repair is carried out by the manufacturer.

3. terms of delivery
Delivery is subject to availability.
A contract is only created with the dispatch of the goods.
Partial deliveries and partial services that are reasonable for the buyer are permissible. Any partial delivery and partial performance that is reasonable for the buyer shall in this case be deemed to be an independent delivery and performance.

Unless the Seller has definitively refused performance beforehand, the Buyer may, 4 weeks after exceeding a non-binding delivery date or a non-binding delivery period, request the Seller in writing to deliver within a reasonable period of time. With this reminder the seller is in default.

In the event of default, the Buyer may also set the Seller in writing a reasonable grace period for subsequent performance. If a reasonable period of time set in writing by the Buyer to the Seller for performance or subsequent performance has elapsed without success and the Seller is responsible for this, the Buyer may demand compensation for damages instead of performance. A claim for damages for the entire performance cannot be asserted if the Seller has not effected the performance as owed and the breach of duty is insignificant. The claim for damages is limited to a maximum of 10% of the purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in the sense of §14 BGB (German Civil Code), he shall only be entitled to damages in case of intent or gross negligence.

Disruptions in the Seller's business operations or those of its suppliers for which the Seller is not responsible, in particular work stoppages and lockouts as well as cases of force majeure, which are based on an unforeseeable and non-culpable event, shall extend the delivery period accordingly.
The goods shall be delivered by DHL or another forwarding agent. Any shipping costs incurred will be pointed out before the contract is concluded. In case of postage/cash on delivery, the deliverer will charge an additional cash on delivery fee. Subsequent deliveries are generally free of shipping costs within Germany.

4. dispatch
Any dispatch of the goods to a place other than the place of performance shall be at the expense of the purchaser. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur according to § 14 BGB, the shipment is at the risk of the buyer.
No shipment by FedEx, not even on behalf of the customer.

5. reservation of proprietary rights
The goods remain the property of the seller until the claims to which the seller is entitled on the basis of the purchase contract have been settled.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur pursuant to § 14 BGB (German Civil Code), where the contract is part of the operation of his trade, the retention of title applies to the claims which the seller has against the buyer from his current business relations. Machining and processing are carried out under exclusion of the acquisition of ownership according to § 950 BGB. The processed goods serve as security in the amount of the invoice value of the processed reserved goods. In the event of resale of the goods, the buyer assigns to the seller any claims arising from such resale. The assigned claim serves as security for the purchase price claim, in the case of a current account the balance claim, in the amount of the invoice value of the sold goods.
At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims from the current business relationship.

6. warranty
The purchaser may initially demand, at his discretion, the elimination of the defect or the delivery of a defect-free item as subsequent performance. If the supplementary performance fails, the buyer can demand a reduction in price (reduction of the remuneration) instead of the supplementary performance or withdraw from the contract at his choice. The assertion of a claim for damages remains unaffected by this.

The following applies to subsequent performance:
a) The buyer must notify the seller of obvious defects within 2 weeks at the latest either in writing or have them recorded by the seller.

b) Warranty obligations do not exist if the defect that has occurred is causally related to
* the object of purchase has been treated improperly or has been overstressed or
* parts have been installed in the object of purchase, the use of which the seller has not approved or
* the object of purchase has been modified in a way not approved by the seller or
* the buyer has not followed the regulations concerning the treatment, maintenance and care of the object of purchase (e.g. operating instructions)

Natural wear and tear is excluded from the warranty.

If the object of purchase is a used object and the buyer is a consumer in the sense of §13 BGB, the warranty period is 1 year.
If the object of purchase is a used object and the buyer is an entrepreneur in the sense of §14 BGB, a legal entity under public law or a special fund under public law, the warranty is excluded.

7. return shipments

This expressly does NOT apply to goods that are ordered by length and specially cut for you (example: gasket, cover, etc.).

The return shipment should be accompanied by a copy of the invoice and, if applicable, a description of the error.
If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in the sense of §14 BGB (German Civil Code), and if the seller carries out a supplementary performance (repair or subsequent delivery), the buyer should send the original receipts for the necessary return costs incurred to the seller's accounting department. Return shipping costs shall be deemed necessary up to the cost of a standard DHL (Deutsche Post Euro Express) parcel.

8. liability
The Seller's liability towards the Buyer for his legal representatives, vicarious agents or employees is excluded except in cases of intent and gross negligence; in cases of injury to life, body or health, the Seller is also liable in cases of slightly negligent breach of duty.

9. applicable law
The law of the Federal Republic of Germany shall apply to these terms and conditions of business and the business relations between the Seller and the Buyer. Other national rights as well as the international sales law are excluded.

10. place of performance, place of jurisdiction
For all present and future claims arising from the business relationship with registered traders, including claims from bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of the seller.
The same place of jurisdiction shall apply if the buyer does not have a general place of jurisdiction in Germany, relocates his place of residence or usual place of abode outside Germany after conclusion of the contract or if his place of residence or usual place of abode is unknown at the time of filing of an action.

11. data protection
Without your express consent, your data will be used exclusively for the processing of your order and will be stored in the context of the business relationship by computer system. Your data will only be passed on to companies commissioned with the delivery of your order if this is necessary to process the order. Otherwise the data will be treated strictly confidential and will not be made available to third parties.

12.revocation instruction.

This expressly does NOT apply to goods that are ordered by length and specially cut for you (example: gasket, cover, etc.).

You can revoke your contract declaration within one month without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:

Smolka Tor- und Antriebstechnik GmbH
Kaiser-Friedrich-Str. 84
10585 Berlin

Phone: +49 30 347 99 017
fax: +49 30 341 64 17

Consequences of withdrawal

In the event of an effective revocation, the services received by both parties must be returned. If you are unable to return the received performance to us in whole or in part, or only in a deteriorated condition, you may be required to pay compensation for lost value. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods or, in the case of a higher price of the goods, if you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Your right of revocation expires prematurely if your contractual partner has started to perform the service with your express consent before the end of the revocation period or if you have arranged for this yourself (e.g. by download etc.). You must fulfil obligations to reimburse payments within 30 days of sending your revocation declaration.

Entrepreneurs within the meaning of §14 BGB, legal entities under public law and special funds under public law have no right of revocation.

End of the cancellation policy.