Terms and Conditions

General Terms and Conditions of Bönninghoff GmbH

1. Scope and Customer Base

  1. These General Terms and Conditions apply to all deliveries, services, and contracts of

Bönninghoff GmbH
Röntgenstraße 24
48432 Rheine
Germany

– hereinafter referred to as “Seller” – with its customers. They apply in particular to orders placed via our B2B online shop.

  1. Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), in particular traders and resellers. Contracts with consumers within the meaning of § 13 BGB are not concluded via our B2B online shop.
  2. By registering or placing an order, the customer confirms that they are acting as an entrepreneur and that the order is attributable to their commercial or independent professional activity.
  3. For the activation of the B2B customer account, suitable proof of entrepreneurial status, in particular a trade license, may be required. This must be submitted to us by e-mail upon request.
  4. Deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity.

2. Offers and Conclusion of Contract

  1. Our offers are non-binding and subject to change, unless expressly designated as binding.
  2. The presentation of our products in the online shop does not constitute a legally binding offer, but an invitation to the customer to place an order.
  3. The customer can place the desired products in the shopping cart and review and correct their entries before placing the order.
  4. By placing the order, the customer submits a binding offer to conclude a purchase contract for the ordered goods.
  5. An automatically sent confirmation of receipt of the order does not yet constitute acceptance of the offer, unless acceptance is expressly declared therein.
  6. The contract is concluded by our express order confirmation, by delivery of the goods, or by another unambiguous declaration of acceptance.
  7. Items that are not deliverable will not be re-delivered automatically. Unless otherwise agreed, these must be reordered by the customer when they become available again.

3. Prices

  1. All stated prices are, unless expressly stated otherwise, net prices plus the applicable statutory value-added tax.
  2. Any shipping, freight, packaging, or other agreed costs will be added.
  3. For the calculation of the delivered goods, the quantities determined by us at the time of shipment or handover to the transport service provider are decisive, unless the customer proves a different quantity.

4. Delivery and Shipping Costs

  1. Deliveries are made to the delivery address specified by the customer.
  2. Within Germany, we deliver free of charge for a net merchandise value of 400.00 Euro or more, unless something else is expressly agreed upon or specified for the respective order.
  3. For a net merchandise value of less than 400.00 Euro, freight or shipping costs may be charged. The respective costs incurred will be communicated to the customer before the order is placed or result from the individual agreement.
  4. Deliveries outside Germany are generally made ex warehouse, unless expressly agreed otherwise. Any freight, shipping, customs, or other costs depend on the respective agreement and the country of delivery.
  5. Delivery is regularly carried out by forwarding or logistics companies commissioned by us.
  6. Partial deliveries are permissible insofar as they are reasonable for the customer.

5. Delivery Times and Delay in Delivery

  1. Stated delivery times and dates are only binding if they have been expressly confirmed by us as binding.
  2. In the event of a delay for which we are responsible, the statutory provisions apply.
  3. Events of force majeure, as well as other unforeseeable events not attributable to us at the time of contract conclusion, which prevent us from performing our service or make it significantly more difficult, extend agreed delivery periods by the duration of the hindrance plus a reasonable restart period.

This applies in particular to operational disruptions, strikes, lockouts, official measures, significant disruptions of transport routes or supply chains, and failures of upstream suppliers for which we are not responsible.

  1. If such a hindrance lasts for a considerable period and adherence to the contract is unreasonable for one of the contracting parties, the parties may withdraw from the affected part of the contract in accordance with the statutory provisions.

6. Payment

  1. Unless expressly agreed otherwise, payment is made on invoice.
  2. Our invoices are generally payable within five working days after maturity and receipt of the invoice without deduction, unless a different payment period is specified on the invoice or in the order confirmation.
  3. We reserve the right to make the execution of an order dependent on a full or partial prepayment.

This applies in particular if a trade credit insurance check initiated by us for the customer is unsuccessful, insufficient insurance coverage is provided, or existing insurance coverage is reduced or revoked.

  1. In the event of late payment, the statutory provisions apply.

7. Transfer of Risk and Shipping

  1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the forwarding agent, carrier or other person or institution designated for carrying out the shipment, to the extent legally permissible.
  2. The seller is entitled to select the company commissioned with the transport, unless a different agreement has been made.

8. Inspection of Goods and Notification of Defects

  1. If the customer is a merchant, the inspection and complaint obligations of § 377 HGB (German Commercial Code) apply.
  2. Upon receipt, the customer must immediately inspect the goods for obvious defects, damage, quantity deviations, and incorrect deliveries and immediately notify us of any complaints.
  3. Externally visible transport damage should be noted on the freight or shipping documents upon delivery and, if possible, confirmed by the carrier.
  4. Concealed transport damage or other defects not identifiable upon delivery must be reported to us immediately after their discovery.
  5. Statutory rights and obligations, in particular the duty to inspect and give notice of defects pursuant to § 377 HGB, remain unaffected.

9. Quality, Color and Dimensional Deviations

  1. The agreed product specifications and product descriptions are decisive for the quality of our goods.
  2. Due to material properties, manufacturing processes, and different production batches, minor, customary, or technically unavoidable deviations may occur.

This may particularly concern minor deviations in terms of color, color effect, structure, surface, material properties, and dimensions.

  1. Representations of our products on screens may deviate from the actual appearance of the goods due to different screen, device, and color settings.
  2. Such minor deviations do not constitute a defect if they are customary or technically unavoidable and do not significantly impair the agreed or usual use of the goods.
  3. Technical or design product changes remain reserved, provided they are reasonable for the customer and do not significantly impair the agreed function and usability of the product.

10. Warranty Rights

  1. For defects in the delivered goods, the statutory provisions apply, unless otherwise effectively agreed in these General Terms and Conditions.
  2. In the event of a justified defect, we are initially entitled and obliged to subsequent performance in accordance with the statutory provisions.
  3. Subsequent performance can, at our discretion – to the extent legally permissible – be effected by remedying the defect or delivering non-defective goods.
  4. If subsequent performance fails or is dispensable according to the statutory provisions, the customer is entitled to the further statutory warranty rights.

11. Retention of Title

  1. The delivered goods remain our property until full payment of the respective claim.
  2. In ongoing business transactions, we reserve ownership of the delivered goods against entrepreneurs until full payment of all claims arising from the existing business relationship.
  3. The customer is obliged to handle goods subject to retention of title with care.
  4. The customer must inform us immediately if third parties access or intend to access the goods subject to retention of title.

12. Exclusive Rights and Rights of Third Parties

If distribution, territorial, or other exclusive rights have been agreed for certain products, the rights and obligations of the parties are governed by the respective individual agreement.

Mandatory statutory claims remain unaffected.

13. Liability

  1. We are liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
  2. In the event of slightly negligent breach of an essential contractual obligation, we are liable in accordance with the statutory requirements. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.
  3. To the extent legally permissible, liability for slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.
  4. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

14. No Right of Withdrawal for Consumers

Our offer and our B2B online shop are exclusively directed at entrepreneurs within the meaning of § 14 BGB.

Consumers within the meaning of § 13 BGB cannot conclude contracts with us via the B2B online shop. Therefore, there is no statutory right of withdrawal for consumers for contracts concluded via this B2B online shop.

15. Set-off and Rights of Retention

The customer may set off counterclaims or assert rights of retention, provided that the legal requirements for this are met.

16. Place of Performance, Jurisdiction, and Applicable Law

  1. The place of performance is Rheine, to the extent legally permissible and unless otherwise agreed.
  2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, Rheine shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship, to the extent legally permissible.
  3. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as its exclusion can be effectively agreed.

17. Contract Language

The contract language is German.

18. Final Provisions

Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective, the remaining provisions shall remain unaffected. In place of an ineffective provision, the statutory provisions shall apply.

Status: September 2026