General Terms and Conditions
Demmeler Maschinenbau GmbH & Co. KG, shop.demmeler.com
Version: 26 October 2026
This English version is a translation provided for information only. Only the German version is legally binding (§ 2 (9)).
§ 1 Scope, Customers
(1)These General Terms and Conditions (GTC) apply to all contracts for the supply of goods concluded via the online shop at shop.demmeler.com. The contracting party is Demmeler Maschinenbau GmbH & Co. KG, Alpenstraße 10, 87751 Heimertingen, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Memmingen under HRA 11517 ("DEMMELER" or "we").
(2)The online shop is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law ("Customer"). We do not conclude contracts with consumers within the meaning of Section 13 BGB via the online shop. By placing an order, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity. We may request proof of this, for example the VAT identification number or a business registration.
(3)Via the online shop, we only deliver to delivery addresses in Germany. Customers outside Germany should contact our sales partners in their country (dealer search).
(4)These GTC apply exclusively. General terms and conditions of the Customer do not become part of the contract, even if we do not expressly object to them or deliver without reservation in the knowledge of such terms.
(5)Individual agreements with the Customer, such as on discounts or shipping conditions, take precedence over these GTC. Subject to proof to the contrary, our order confirmation or an agreement in text form is decisive for their content.
(6)Our sales representatives arrange contracts but are not authorised to conclude contracts on our behalf. Commitments made by our sales representatives, such as discounts, only become binding with our order confirmation.
(7)Each order is subject to the version of these GTC valid at the time of the order.
§ 2 Conclusion of Contract
(1)The presentation of goods in the online shop does not constitute a binding offer but an invitation to the Customer to place an order.
(2)Quotations that we or our sales representatives prepare in the online shop are non-binding unless they are expressly designated as binding. If the Customer places an order on the basis of such a quotation, the prices and conditions of the quotation apply.
(3)To place an order, the Customer must be logged into its customer account. It places the goods in the shopping cart, enters the delivery and billing addresses and checks all details on the summary page. Before submitting the order, it can correct input errors in the shopping cart and in the individual steps of the ordering process. By clicking the order button on the last page of the ordering process, the Customer submits a binding offer to conclude a purchase contract.
(4)At the Customer's request, one of our sales representatives may also create an order for the Customer in the online shop. In doing so, the sales representative acts on behalf of the Customer. In this case, too, the contract is only concluded with our order confirmation (para. 6), which we send to the Customer. If the Customer did not instruct the sales representative to place the order, it must notify us of this in text form without delay after receipt of the order confirmation.
(5)After receipt of the order, we send an automatic acknowledgement of receipt by e-mail. This acknowledgement does not constitute acceptance of the order.
(6)We review every order, including the Customer's creditworthiness. The contract is only concluded when we accept the order by an order confirmation in text form (for example by e-mail) or by delivering the goods. We may accept the order within 10 working days (Monday to Friday, excluding public holidays in Bavaria) of its receipt. The Customer is bound by its order for this period. We are not obliged to accept an order.
(7)In the order confirmation, we specify the payment method (§ 4 (1)). Shipping and packaging costs not yet quantified during the ordering process are stated there. If the order confirmation deviates from the order to the Customer's disadvantage, in particular through such costs, it is deemed a new offer. In that case, the contract is concluded when the Customer accepts this offer in text form or, in the case of payment in advance, pays the invoice amount.
(8)We store the contract text, i.e. the order data and these GTC. The Customer can view its orders in its customer account. It can access, save and print these GTC at any time at shop.demmeler.com/en_gb/terms-and-conditions.
(9)The contract language is German. Translations of these GTC are for information only. The German version is authoritative.
§ 3 Prices, Shipping and Packaging
(1)The prices valid at the time of the order apply. If the Customer orders on the basis of a quotation (§ 2 (2)), the prices of the quotation apply. Deviating agreements in the order confirmation take precedence. All prices are net prices plus statutory VAT.
(2)Packaging and shipping costs are charged additionally. Packaging costs are shown separately. Shipping costs are displayed in the ordering process or, if they are not quantified there, in the order confirmation (§ 2 (7)).
(3)By arrangement, the Customer may collect the goods from our works in 87751 Heimertingen. In this case, no shipping costs are charged.
§ 4 Payment
(1)After our review, we specify in the order confirmation whether the Customer pays in advance or on account. The Customer has no entitlement to a particular payment method.
(2)In the case of payment in advance, the invoice amount is payable without deduction within 7 calendar days of receipt of the order confirmation. We ship the goods after receipt of payment.
(3)In the case of purchase on account, the invoice amount is payable without deduction within 14 days of the invoice date.
(4)Payment is deemed timely when the amount has been received in our account. If the Customer is in default of payment, it owes default interest at the statutory rate (Section 288 (2) BGB) and the lump sum under Section 288 (5) BGB. We reserve the right to claim further damage.
(5)The Customer may only set off claims that are undisputed, have been finally established by a court or are ready for decision. It may only exercise a right of retention on account of claims arising from the same contractual relationship. Its rights in respect of defects remain unaffected.
(6)If, after conclusion of the contract, it becomes apparent that our claim to payment is jeopardised by the Customer's inability to pay, we may refuse performance under Section 321 BGB until the Customer pays or provides security.
§ 5 Delivery, Passing of Risk
(1)We state delivery times in the order confirmation. Information in the online shop on availability and delivery time is non-binding. In the case of payment in advance, the delivery time begins upon receipt of payment.
(2)Partial deliveries are permitted insofar as they are reasonable for the Customer. We bear any additional shipping costs for partial deliveries, unless the Customer requested the partial delivery.
(3)In the case of shipment, the risk passes to the Customer as soon as we have handed the goods over to the carrier. In the case of collection, it passes upon handover. If the Customer is in default of acceptance, this is equivalent to handover.
(4)The Customer should report obvious transport damage to the delivery agent immediately and notify us in text form within 5 working days. This notification helps us to enforce claims against the carrier. If the Customer fails to do so, its statutory rights remain unaffected.
(5)If we are in default of delivery, the Customer's rights are governed by the statutory provisions. § 10 applies to damages.
§ 6 Impediments to Performance
(1)Force majeure means events beyond our control that we cannot avert even with reasonable care, in particular natural disasters, epidemics, war, terrorism, official measures, industrial action and the failure of energy supply or transport routes. For the duration of the disruption and a reasonable start-up period thereafter, we are released from our obligation to perform. Delivery times are extended accordingly. We will inform the Customer without delay of the beginning and expected duration of the disruption.
(2)If the disruption lasts longer than 3 months, either party may withdraw from the part of the contract not yet performed. We will refund payments for goods not delivered without delay. In this case, there are no claims for damages on account of the disruption.
(3)If our supplier fails to supply us, or fails to do so correctly or on time, although we have concluded a congruent covering transaction with it, and we are not responsible for this, we may withdraw from the contract. We will inform the Customer without delay and refund any payments already made.
§ 7 Retention of Title
(1)The goods remain our property until all our claims arising from the business relationship with the Customer have been paid.
(2)The Customer may resell the goods in the ordinary course of business as long as it is not in default of payment. It hereby assigns to us all claims arising from the resale in the amount of our invoice amount including VAT. We accept the assignment. The Customer remains authorised to collect these claims. We may revoke this authorisation if the Customer falls into default of payment, suspends its payments or if an application for insolvency proceedings is filed regarding its assets.
(3)If the Customer processes the goods or combines them with items that do not belong to us, we acquire co-ownership of the new item in the ratio of the invoice value of our goods to the value of the other items. The Customer carries out the processing on our behalf.
(4)In the event of seizure or other interventions by third parties concerning the goods subject to retention of title, the Customer must point out our ownership and inform us without delay in text form.
(5)If the realisable value of our securities exceeds our claims by more than 10 %, we will release securities of our choice at the Customer's request.
§ 8 Rights in Respect of Defects
(1)The statutory provisions apply to material defects and defects of title, unless otherwise stipulated below.
(2)If the Customer is a merchant, Section 377 of the German Commercial Code (HGB) applies. Other Customers must notify us of obvious defects in text form within 14 days of delivery; otherwise, rights in respect of these defects are excluded. Timely dispatch of the notification is sufficient to meet the deadline.
(3)In the event of a defect, we provide subsequent performance at our option by remedying the defect or by delivering an item free of defects. Our right to refuse subsequent performance under the statutory conditions remains unaffected. Replaced parts become our property.
(4)If subsequent performance fails or is unreasonable for the Customer, it may withdraw from the contract or reduce the price. Subsequent performance is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect indicates otherwise.
(5)If the costs of subsequent performance increase because the Customer has moved the goods after delivery to a location other than the delivery address, the Customer bears the additional costs, unless this corresponds to the intended use of the goods.
(6)There are no rights in respect of defects in the case of natural wear and tear or of damage arising after the passing of risk from improper handling, assembly or use, excessive stress or unauthorised modifications by the Customer or third parties.
(7)§ 10 applies to damages and reimbursement of futile expenses on account of defects.
(8)The Customer's rights of recourse against the supplier (Sections 445a, 445b, 478 BGB) remain unaffected.
§ 9 Limitation Period
(1)Notwithstanding Section 438 (1) No. 3 BGB, claims for material defects and defects of title become time-barred one year after delivery of the goods.
(2)The statutory limitation periods remain unchanged
a)for claims for damages arising from injury to life, body or health,
b)for claims for damages due to intentional or grossly negligent breach of duty and due to negligent breach of material contractual obligations (§ 10 (2)),
c)if we have fraudulently concealed a defect,
d)if we have given a guarantee for the quality of the goods, unless the guarantee provides otherwise,
e)for claims under the German Product Liability Act,
f)for goods that have been used for a building in accordance with their customary use and have caused its defectiveness (Section 438 (1) No. 2 BGB),
g)for claims arising from recourse against the supplier (Sections 445a, 445b, 478 BGB).
§ 10 Liability
(1)We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, insofar as we have given a guarantee, and under the German Product Liability Act.
(2)In the case of simple negligence, we are only liable for breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, our liability is limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded.
(3)Otherwise, our liability for damages is excluded, regardless of the legal grounds.
(4)The limitations of liability also apply to the personal liability of our corporate bodies, employees, representatives and vicarious agents.
(5)These provisions do not change the burden of proof to the Customer's disadvantage.
§ 11 Documents and Property Rights
We reserve property rights and copyrights to images, drawings, CAD data and other documents that we provide in the online shop or within the scope of the contract. The Customer may use them for planning, deploying and maintaining the purchased goods. It requires our consent to pass them on to third parties for other purposes.
§ 12 Data Protection
Information on the processing of personal data, including credit checks, can be found in our Privacy Policy.
§ 13 Final Provisions
(1)The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2)The place of performance for all obligations arising from the contract is 87751 Heimertingen, Germany, unless otherwise agreed.
(3)If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is Memmingen, Germany. We may also sue the Customer at its general place of jurisdiction. Exclusive statutory places of jurisdiction remain unaffected.
(4)Should individual provisions of these GTC be invalid, the remainder of the contract remains valid.
