1.1. The sale and delivery of goods and services as well as any other legal transactions are subject to the terms and conditions stipulated below.
1.2. These delivery terms and conditions shall apply to all contracts, supplied products and other services. We hereby object to any of the purchaser’s terms and conditions of purchase.
2. QUOTE AND CONTRACT CONCLUSION
2 1. Quotes shall always be subject to change. Purchase orders shall always be submitted in writing or through the online shop.
2.2. A down payment of 50% of the purchase total shall be payable for any custom designs. The order shall not be processed until the down payment amount has been deposited to the seller’s account. In case of an impossibility to perform, we shall reimburse the down payment amount.
2.3. A refundable deposit shall be charged for packaging material owned by a third party, which shall be credited back upon return.
2.4. Insofar as our employees conclude any subsidiary agreements or make promises extending beyond what is agreed upon in the written sales contract, such shall always require written confirmation from the seller.
2.5. Each purchase order submitted by the purchaser must be acknowledged by the seller to be legally effective. The order acknowledgement may be provided by fax, e-mail or letter post.
3. PRICES AND PAYMENT
3.1. The prices are denominated in euro and are subject to VAT.
3.2. For cash on delivery orders, the purchase price must be paid upon delivery in cash or with a bank-confirmed crossed cheque. Any packaging, COD or shipping charges must be paid by the purchaser.
3.3. Insofar as orders are delivered outside of Germany, the customer shall be invoiced any customs, freight and shipping fees incurred.
3.4. The goods shall remain property of the seller until payment has been received in full.
3.5. In the event the purchaser refuses delivery, the seller may exercise its legal right to assert damages. Insofar as the seller asserts damages, the amount of such shall be 10% of the purchase price. Damages shall be set at a higher or lower amount if the seller can demonstrate that the damage was higher or the purchaser can demonstrate that it was lower or there was in fact no damage at all.
3.6. All prices are binding as of the date of the purchase order.
4. DELIVERY TERMS, DELAY, IMPOSSIBILITY OF DELIVERY
4.1. By way of exception, the seller shall not be obligated to deliver the ordered goods if the seller on its part properly ordered the goods, yet such were not supplied correctly or on time (congruent hedging transaction). The prerequisite for the above is that the seller is not responsible for the non-availability of goods and the purchaser was informed of the situation without undue delay.
4.2. The seller shall only be liable for the delivery delay in the event of wilful intent or gross negligence.
4.3. To the extent possible, you shall receive your order in a single order per shipping warehouse. However, should your order contain items that must be packaged separately because their dimensions are considerably different, or the items themselves must be transported separately, or a faster processing is possible, partial deliveries shall be unavoidable.
4.4. Delivery deadlines shall be extended by a period by which the purchaser is also in default of its contractual obligations within a current business relationship with respect to other supply contracts as well.
4.5. The seller shall reserve the right to determine the delivery routes itself. Orders are generally delivered within a few days. Acknowledged delivery dates are generally non-binding. We reserve the right to partial shipments.
Pallets that are not single-use pallets, but are instead the property of a third party (Europallets) shall be delivered in the name and on behalf of said owner and pursuant to said owner’s terms and conditions. Please note that the suppliers of such Europallets charge rental fees if they are not returned on time, which the purchaser must assume, provided such are incurred by the purchaser.
If a package is damaged, please do the following: For packages with exterior damage, open the package immediately in the presence of the bearer and submit a complaint about the shipment. Notify us immediately in writing. Where this relates to postal packages, file a complaint about the damage with the postal service. If the shipment was delivered through GLS, DPD or UPS, we shall assume responsibility for claims settlement. You will receive a credit for the damage, or the damage shall be paid out once the claim has been settled.
7. RETENTION OF TITLE
We shall retain title to all goods we deliver until all demands have been satisfied. In particular, the goods must not be pledged nor assigned to a third party as security. Should the purchaser fail to satisfy its obligations, it shall be required to release the goods immediately upon request with no grace period.
8. DATA PRIVACY
The purchaser hereby consents to allow us to store and use the data obtained from the business relationship concerning the purchaser as provided for under the Data Protection Act for our own business purposes. Any use of the data otherwise (such as for advertising purposes) or sharing of said data with third parties shall be excluded.
9. RIGHT OF RETURN
Retail customers may return any products purchased in this shop within 14 days without stating reasons. The purchase price shall be reimbursed within 14 days. This shall require that the products are returned to the shop operator in faultless condition with no traces of usage. The purchaser shall bear the costs of the return. Click here to read the full wording of the cancellation policy. The cancellation form can be downloaded here.
If a part of these general terms and conditions should be invalid for any reason, this shall not affect the validity of the remaining provisions of the contract.
Date of issue September 2018