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Terms and Conditions

Terms and conditions


General terms and conditions of business and delivery

General:
Deliveries take place solely under the conditions of the supplier. Any alternative purchase conditions from the customer will not be acknowledged upon acceptance of the order and are not obligatory, even if the supplier does not explicitly disagree. The customer additionally expresses his full approval of the supplier’s conditions by accepting the products. Alternative stipulations require explicit written confirmation.

Offers and conclusions of sale
remain subject to confirmation until the date of delivery. Deliveries shall be invoiced according to the prices valid on this date. The supplier is entitled to change the price accordingly in the event of unforeseen changes to customs duties, import and export fees and suchlike as well as changing currency exchange rates. The prices are quoted in euros including VAT.

Delivery times
are quoted approximately and subject to conditions. They take effect from the date of order confirmation or as of the date specified by the customer for processing of the order. Furthermore, they apply in the case of unforeseen events during manufacture and other hindrances such as acts of God, transport delays, operational disruptions in our own factory or our supplier’s factories. Correct and punctual deliveries from our own suppliers remain reserved. The delivery time is observed when the goods have left the factory or it is stated that they are ready for dispatch or collection. If a delivery is delayed, the customer remains obliged to accept the goods. The customer only has the right to withdraw if the supplier does not rectify the situation within an appropriate period named by the customer, and if the customer cannot be expected to adhere to the contract for exceptional reasons. Partial deliveries, stated separately on the invoice, are permitted. Goods which are ready for dispatch must be removed immediately, otherwise the supplier is entitled to store them whilst limiting the liability to intentional damage or to surrender them to a forwarding agent for storage at the expense and risk of the customer

Packaging
is invoiced at the cost of the supplier, as long as it is not included in the price of the goods, and is not reimbursed. Extra costs for special packaging requirements or gift boxes not included in the price will be additionally invoiced. Delivery takes place at the expense and risk of the customer. This also applies if the supplier has taken on the transport costs (even with their own means of transport). For delivery using the supplier’s means of transport it is assumed that assistance with unloading will be provided by the recipient free of charge.

Payment conditions
The invoice amount is payable without deductions within 30 days of the invoice date. 2% discount will be granted from the value of the goods for cash payments within 10 days of the invoice date (for overseas deliveries within 15 days), if the customer’s payment is not delayed. Advance payment can be demanded for first-time purchases. Payment is only deemed successful after receipt by the supplier. Exchange obligations are not accepted. If the payment conditions are not met, interest and commission will be calculated according to the respective bank rates for unsecured credit. In the event of failing to adhere to the payment conditions or circumstances that the supplier only becomes aware of after the purchase that are likely to reduce the customer’s credit rating, all claims are payable immediately. In this case, after informing the customer in writing, the supplier can postpone the fulfillment of his duties until payment is received and demand advance payment or suitable security within a reasonable period for goods that have not yet been delivered. If the customer refuses or this security period comes to an end without payment, the supplier is entitled to withdraw from the contract or demand damages due to the failure to fulfill obligations. The customer can only charge for claims that are undisputed or determined on time. If partly damaged goods are delivered undisputed, the customer is obliged to pay for the undamaged parts, unless he is able to prove he has no use for a partial delivery. Minimum order values are necessary in order to offer reasonably priced promotional products.

Reservation of ownership rights
The supplier reserves ownership rights to the goods until several of the claims from the supplier to the customer within the business relationship are settled, including future outstanding claims, even from currently running or later concluded contracts. This also applies when individual or several claims from the supplier have been included in a running account and the balance has been settled and acknowledged. The customer is only entitled to resell the reserved goods in the normal course of business if he assigns all claims which result from the resale to buyers or third parties to the supplier. If reserved goods are disposed of unprocessed, or after processing or contact with objects that are solely in the possession of the customer, the customer must assign the claims arising from resale to the supplier in full. If reserved goods are disposed of by the customer after processing/contact together with goods that do not belong to the supplier, the customer must assign the claims arising from resale to the value of the reserved goods, with all subsidiary rights and priority above the remaining goods. The supplier accepts the assignment. The customer is also authorized to collect these claims even after assignment. This does not affect the supplier’s power to collect the claims themselves; however the supplier is obliged to not collect claims as long as the customer properly fulfills their duties concerning payment and any other obligations. The supplier can demand that the customer notifies him of assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. If the value of the securities for the claims to be secured exceeds 20%, the supplier is obliged to release them upon the request of the customer. The customer may neither pledge the reserved goods nor assign them by way of security. The customer must prevent third parties obtaining access to the reserved goods, indicate that they are the property of the supplier and inform the supplier without delay. The enforcement of the reservation of ownership rights as well as the seizure of the delivered objects by the customer does not represent an avoidance of the contract.

Changes in structure, shape and color
The supplier reserves the right to make such changes if they consider them to be necessary. Images and descriptions are non-binding. For products with advertising text printed on them, deliveries of up to max. 10% above or beloy the ordered amount are common and must be accepted by the customer. We also reserve the right to minor discolorations and variations in material thickness and hardness, also up to 10% above or below.

Complaints
about the goods or the invoice must take place immediately upon receipt, or within 8 days at the latest in the case of hidden faults on the goods. We ask that justifiably objectionable goods are returned to us. Replacements are only provided if stock is still available. Complaints cannot be made about the entire delivery if only one part of the delivery contains faults. In any case, the supplier has the right to provide subsequent delivery or corrections. Further demands to leave the contract or for damages are not permitted.

Final artwork, drafts, slides, plates, embossed stamps etc.
will continue to be charged for separately, even when the order for delivery of promotional products where the above documents were necessary is not issued. All documents necessary for the completion of an order are kept by us at the customer’s risk, or returned upon request as soon as the production costs have been paid by the customer. Templates remain our property.

Liability
This is valid for damage claims for delay, impossibility of performance, faults at the conclusion of the contract and unlawful acts. The supplier is not liable for damage due to defects, loss of profits or any other financial losses. The supplier is only liable in the case of gross negligence or a fundamental breach of contract. In the event of a fundamental breach of contract the supplier is only liable for reasonable foreseeable losses typical to the contract. The liability for defects and timely delivery for products from third parties is only adopted within the scope of the obligations received from the third party suppliers. The legal liability of the supplier in relation to the affected party remains according to product liability law, unaffected by the limitations of liability named above. In the event of an lack of guaranteed characteristics, the supplier is only liable for damage compensation if the warranty is explicitly requested by the customer and therefore explicitly given by the supplier in order to protect the customer from damage suffered.

Software
and documentation: For all types of software and documentation, even offers, non-transferable rights of use are granted solely for the customer’s internal use. All other rights remain with the supplier. The customer must ensure that software and documentation are not made accessible to third parties without the prior written agreement of the supplier. Unless otherwise agreed, the rights of use given above apply as issued with the confirmation of the contract and delivery.

The place of performance
is Hagen, for all liabilities arising from the contract for both parties. The place of jurisdiction is Hagen. However, the supplier is entitled to appeal to the court at the customer’s place of residence. The contractual relationship is governed exclusively by the law of the Federal Republic of Germany. The application of international laws on the sale of goods is excluded.

* incl. tax, plus shipping