General Business Terms and Conditions Das Lederband GmbH

Transcription

1 General Business Terms and Conditions Das Lederband GmbH 1. Area of application 1.1 These Business Terms and Conditions apply to all contracts, deliveries and other performances vis-à-vis our customers. Deviating conditions from our clients are not accepted unless we have expressly acknowledged their applicability in writing. 1.2 In terms of these Business Terms and Conditions, customers are considered to be consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his trade or his independent professional activity. Entrepreneurs are natural or legal persons or a business partnership with a legal capacity who conclude a legal transaction within the scope of their trade or independent professional activity. 2. Concluding a contract and contractual content 2.1 The presentation of our range of products in all electronic or non-electronic media (e.g. catalogues, price lists, newsletters or other product information, or the like) does not represent a binding offer on our part but merely an offer, i.e. an invitation to our customers to make us an offer The contract only comes about if we accept the offer. We are entitled, but not obligated, to accept your order by sending an order confirmation or by delivery of the goods within six days For their effectiveness, telephonic or verbal declarations by our sales representatives require written confirmation. 3. Special regulations for orders via the online shop 3.1 The customer can only place an order with us if he has previously accepted our business terms and clicked on the button Accept General Business Terms and Conditions The customer can check, change or delete the contents of his shopping cart and view the order information at any time prior to sending the offer. 3.3 By clicking the button Send Order, the customer makes a binding offer to purchase the goods in his shopping cart The customer then receives an automatically generated printable confirmation of receipt reflecting details of the customer s offer. This confirmation does not yet represent the acceptance of the customer s offer. We can accept the customer s offer by sending an order confirmation by or by delivering the goods within six days. General Business Terms and Conditions Das Lederband GmbH Seite 1 von 5

2 4. Prices, payment modalities and bearing costs 4.1. Our prices for consumers are quoted in euros, inclusive of value-added-tax in the relevant statutory amount. Prices for entrepreneurs are quoted in euros, exclusive of value-added-tax Shipping costs are invoiced separately according to our shipping list. The customer is advised of shipping costs prior to placing the order The flat rates stated in our shipping costs also include a flat rate for packaging costs. 4.4 The customer is only entitled to a right of retention or set off if his claims are legally determined or are undisputed. 4.5 The customer is considered to be in arrears without any further declaration in the event of a non-payment as at due date. Interest on arrears is calculated according to section 288 BGB [Bürgerliches Gesetzbuch = German Civil Code]. Any further claims for damages remain unaffected. 4.6 A right of cancellation is granted if the customer is a consumer. If the customer makes use of this right (refer to Clause 13 of these Business Terms and Conditions), the customer shall bear the cost of the return. 4.7 Payment options are available for online trading; these are listed on the website. Our right to request advance payment, however, remains reserved, in particular for new customers. For the payment type advance payment we will advise our bank details in the order confirmation and deliver the goods after receipt of payment. When paying by direct debit or credit card, your account will be debited after delivery of the goods. Invoices are due 14 days after delivery of the goods. 5. Dispatch, delivery, transfer of risk 5.1 Our deliveries for entrepreneurs are ex works as far as nothing else is agreed to in an individual case. Otherwise, the consignment is sent to the delivery addressed notified by the customer. 5.2 Transfer for risk for destruction, loss or damage to the goods passes to the customer when the agreed delivery is carried out 5.3 Please refer to our website regarding the availability of our products. This and all other information regarding the products availability, shipping or delivery are merely indicative values. They do not represent binding shipping or delivery dates unless they are expressly stated as binding dates for shipping options relating to the relevant products. If we notice that the products you ordered are not available when processing your order, we will notify you by separate Should not all ordered products be available, we are entitled to carry out partial deliveries at our expense as far as this can reasonably be expected of you. 5.5 We are entitled to withdraw from the contract if the supplier does not deliver the goods correctly, in full and/or in good time. This reservation of self-supply only applies if the failure of the supply is not our fault, i.e. if we have concluded a so-called congruent hedging transaction with the supplier to meet the contractual obligations in good time. If the goods are not delivered, we will notify the customer without delay and refund an already paid purchase price as well as shipping costs. 5.6 Events such as force majeure or other circumstances for which we are not responsible and which make a punctual execution of accepted orders impossible release us from our assumed delivery obligation for the duration of their existence. General Business Terms and Conditions Das Lederband GmbH Seite 2 von 5

3 6. Customs If you order products from us for delivery outside the EU, you may be subject to import duties and tax which are raised as soon as the parcel reaches its destination. Any additional fees for customs clearance or the like are to be borne by you. We have no influence on these costs. Customs regulations vary from country to country. Therefore, we kindly ask you to contact your local authorities. Please note that you are considered to be an importer and that all laws and provisions of the country in which you receive the goods must be adhered to. The protection of your data is important to us. We would therefore like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and examination by customs officials. We are obligated vis-à-customs to state the value of the packet. This also applies if the packet is classified as a gift. 7. Quality and liability for defects 7.1 Order processing takes place according to general state of the art technology within the scope of technically necessary material and process-related tolerances of fair merchantable quality. This also applies as far as the order was based on a sample. 7.2 A minor deviation of the delivery to the product images does not represent a defect as far as the deviation is reasonable for the customer to accept, is customary and does not influence serviceability. 7.3 As far as there is a defect to the purchase item we are, at our choice, entitled to remove the defect or to deliver a perfect item (supplementary performance). Prerequisite for our liability is that this is a defect which is not insignificant, and for entrepreneurs that the latter has additionally met his inspection and notification obligation in terms of section 377 HGB [Handelsgesetzbuch = German Commercial Code]. 7.4 If the supplementary performance fails, or should this be unreasonable for the customer to accept, or should we refuse both types of supplementary performance in terms of section 439 para. 3 BGB, the customer may choose to withdraw from the contract or reduce the purchase price accordingly. Further claims are subject to the following liability restrictions and exclusions (refer Clause 8). 7.5 If the customer is a consumer, the statute of limitations for claims for defects is two years as from the delivery of the item. 7.6 If the customer is an entrepreneur, the statute of limitations for claims for defects is 12 months as from the delivery of the item. The statute of limitations in the event of a delivery recourse according to sections 478, 479 BGB remains unaffected. 7.7 We reserve the right to debit the customer with transport costs as well as with the inspection expenditure for unjustified complaints. 8. Liability 8.1 In terms of statutory provisions, we are liable for intent and gross negligence also on the part of our legal representatives and vicarious agents. 8.2 Our liability for other culpable violations of significant contractual obligations is restricted to predictable, typically occurring damage. Significant contractual obligations are only those which characterize the contract and on whose fulfilment the customer may rely. 8.3 Liability due to culpable violation to life, body or health remains unaffected. This also applies for the mandatory liability in terms of the Product Liability Act and within the scope of a guarantee should a defect included in the guarantee trigger the liability. 8.4 Apart from that, liability is excluded This Clause 8 applies analogously in the event of a reimbursement of expenses with the exception of the required expenditure for the purpose of supplementary performance. 8.6 An exclusion or restriction of our liability also takes effect with regard to the liability of our statutory representatives and vicarious agents. General Business Terms and Conditions Das Lederband GmbH Seite 3 von 5

4 9. Reservation of title 9.1. We shall retain title to all goods delivered by us until full payment of the purchase price. In the event of contractual violations on the part of the customer, in particular payment arrears, we are entitled to take back the reserved goods. Pledging or security transfer of the reserved goods is not permitted. 9.2 The following paragraphs 3 and 4 additionally apply to entrepreneurs. 9.3 The entrepreneur is entitled to resell the reserved goods during the course of ordinary business. However, the entrepreneur already now assigns all claims stated in the final invoice amount (including value-added tax) which arise to him as a result of the resale vis-à-vis his customers or third parties, regardless of whether the purchase item is sold without or after processing. Notwithstanding our right to personally collect the claim, the entrepreneur shall remain entitled to collect the claim even after the assignment. We undertake not to collect the claim for as long as and to the extent that the entrepreneur meets his payment obligations, no initiation of insolvency proceedings or a similar action is made and no suspension of payments exists. If one of the aforementioned circumstances arises, we can demand that the entrepreneur names the assigned claims and their creditors on first demand as well as notifies his creditors of the assignment. 9.4 If the entrepreneur processes reserved goods or remodels them this is always done on our behalf. The resultant item is considered to be reserved goods. When processing or remodelling with goods that do not belong to us, we are entitled to co-ownership of the new item proportionate to the resultant new value of the processed or remodelled reserved goods. The same applies when combining the reserved goods with another movable object. In the event the new item is sold, the entrepreneur already now assigns us his entitlement from the sale against his customer. We accept the assignment in the amount of our invoiced amount which corresponds to the value of the processed, remodelled or associated reserved goods. Apart from that, the regulations in terms of Clause 9.3 sentence 2-4 apply. 9.5 At the entrepreneur s request we will, at his choice, release the securities to which we are entitled to the level at which the realisable value of our securities exceeds the claims to be secured from the business relationship by more than 20%. 10. Order and contract language The order and contract languages are German and English. 11. Place of performance, place of jurisdiction, choice of law, partial invalidity Place of performance, as far as these Business Terms and Conditions or the order confirmation do not state otherwise, is our registered office in Weinheim Where the customer is an entrepreneur or does not have his place of residence within the European Union, the place of jurisdiction is Weinheim. We are, however, also entitled to file a suit at the customer s general place of jurisdiction The entire business relationship between ourselves and the customer is subject to German law under exclusion of the UN-Contracts for the International Sale of Goods (CISG). As far as the customer is a consumer, the consumer protection provisions granted under the law of his country of residence shall remain unaffected; whereby these may not be deviated from by agreements Should individual clauses in these Business Terms and Conditions be invalid in whole or in part this shall not affect the effectiveness of the other clauses. An ineffective regulation is considered to be replaced by such a regulation which comes closest to the economic purpose of the ineffective regulation and is effective. 12. Credit assessment Based on a legitimate request for the purpose of conducting a creditworthiness check, we will choose one of the following companies Credit insurance section of Zürich Gruppe Deutschland Credit assessment section of the Verband der Vereine Creditreform e.v. Creditworthiness information by Bürgel Wirtschaftsinformationen GmbH & Co. KG to provide us with information on your personal data stored in their data base, i.e. address and creditworthiness as well as such data ascertained within a mathematical-statistical process. General Business Terms and Conditions Das Lederband GmbH Seite 4 von 5

5 13. Cancellation instruction regarding consumers right of cancellation If the customer is a consumer (refer Clause 1.2 of these Business Terms and Conditions), he is entitled to a right of cancellation in terms of the following cancellation instruction: Right of cancellation You are entitled to revoke this contract within fourteen days without giving any reasons. The cancellation period is fourteen days as from the day on which you or a third party who is not the carrier nominated by you have or has taken possession of the goods. In order to exercise your right of cancellation, you must inform us (name, address, telephone number, fax number or ) of your decision to cancel this contract. You may use the attached sample cancellation form; however, this is not required. You may use the sample cancellation form or any other unambiguous declaration even on our website (internet address: and complete and send the information electronically. If you make use of this option, we will immediately send you a notification (e.g. by ) confirming the receipt of such cancellation. To comply with the cancellation period it is sufficient that you send the notification that you wish to exercise the right of cancellation prior to the expiry of the cancellation period. The cancellation must be sent to the address stated at the bottom of the sample cancellation form. Consequences of cancellation If you revoke this contract we will immediately refund you all payments which we have received from you, including delivery costs (with the exception of additional costs which occur if you choose a different type of delivery than our offered favourable standard delivery) but no later than within fourteen days as from the day on which we receive the notification of your cancellation of this contract. When refunding you, we will use the same payment method that you used for the original transaction unless something else is expressly agreed to with you; in no case will we charge you any fees as a result of this repayment. We can refuse a refund until we have received the returned goods or you have proven that you have returned the goods, depending on whichever comes first. You must send the goods or hand the goods back to us without delay, and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is adhered to if you despatch the goods prior to the expiry of the deadline of fourteen days. You are responsible for the direct costs of the return. You only have to pay for any possible diminished value of the goods resulting from your handling other than what is necessary to ascertain the nature and functioning of the goods Exclusion of the right of cancellation Cancellation is not applicable for contracts: for the delivery of goods which are not pre-fabricated and for whose manufacture an individual selection or determination by the consumer is decisive or are clearly custom-made for the personal requirements of the consumer for the delivery of goods if, based on their properties, they are inseparably mixed with other goods after the delivery. Sample cancellation form If you wish to cancel the contract, please send the following information by or fax to: Das Lederband GmbH, Hoehnerweg 2-4, Weinheim, Fax , info@das-lederband.de I herewith cancel the contract I have concluded for the purpose of the following goods: Ordered on (*)/received on (*) - (*) Delete the inapplicable. Name of the customer, address of the customer, date Signature of the customer (only on paper notifications) End of the cancellation instruction General Business Terms and Conditions Valid as of 01 May2016 General Business Terms and Conditions Das Lederband GmbH Seite 5 von 5