GTC
1. place of fulfilment
The place of fulfilment for all services arising from the delivery contract is the registered office of the seller.
The place of jurisdiction is the court responsible for the registered office of the supplier. The law at the registered office of the seller shall apply.
2. contractual unit
All offers made by the seller on its website are subject to change. A contract is only concluded upon order confirmation or delivery by the seller. All offers are subject to the statutory value added tax. For companies based outside Germany, the VAT ID number is required for a written offer.
All sales are concluded for specific delivery dates, quantities, items and fixed prices. Both partners are bound by these. Rescheduling within the scope of the order placed and cancellations are only permitted by mutual agreement. Excluded from this are orders placed in production after sample approval.
3. Delivery and dispatch
The seller shall endeavour at all times to deliver as quickly as possible. If a fixed delivery date is agreed in the offer, the seller must set a reasonable grace period (usually four weeks) in the event of a delay in delivery. The delivery period shall only commence upon receipt of payment in our account (advance payment for new customers and customers outside Germany - see also point 6 of the General Terms and Conditions). The shipping costs are borne by the buyer, unless otherwise specified in the contract.
The seller reserves the right to choose the shipping route and the shipping method. The seller is authorised to make deliveries and partial deliveries at any time.
4. Retention of title
We claim extended right of ownership according to § 455 BGB. The delivered goods shall remain our property until all claims (including all outstanding balances) have been settled. The buyer undertakes to treat the goods with care until the transfer of ownership. The buyer is entitled to resell the goods in the ordinary course of business. The authorisation to resell can be revoked by Werbesocken if the buyer does not properly fulfil his contractual obligations towards us and has not yet fulfilled his obligations according to §§ 402, 403 BGB. The buyer's claims against his customer shall take the place of the goods sold. Pledges or other security interests are not permitted. Werbesocken must be informed immediately if the goods are damaged, damaged or lost; as well as in the event of a relocation of the buyer's business premises. If the buyer violates the aforementioned obligations, Werbesocken may declare its withdrawal from the contract. We are entitled, as long as his claim is still unpaid, to demand information from the buyer at any time as to which goods are still in the possession of the buyer, where they are located and to which customers the remaining goods delivered by us have been sold in terms of quantity, value, number, etc.. In the event of default of payment, Werbesocken may demand the return of the goods without withdrawing from the contract. Werbesocken reserves the right to assert further legal claims due to default of payment.
5. force majeure, impediments to the contract
Force majeure of any kind, unforeseeable operational, traffic or shipping disruptions, fire damage, floods, unforeseeable shortages of labour, energy, raw materials or auxiliary materials, strikes, lock-outs, official orders or other circumstances beyond the control of wer&üocken;The customer shall be released from the obligation to produce or deliver for the duration and scope of the disruption in the event of a shortage of labour, energy, raw materials or auxiliary materials, strikes, lockouts, official orders or other hindrances for which the party obliged to perform is not responsible and which reduce, delay, prevent or make unreasonable the production or dispatch. If production and/or delivery is delayed by more than eight weeks as a result of the disruption, both contracting parties shall be entitled to withdraw from the contract. If the seller's sources of supply (e.g. yarn manufacturers) are partially or completely discontinued, the seller shall not be obliged to obtain supplies from external suppliers.
6. payment and default of payment
The invoice shall be issued on the day of or after production approval or sample completion.
The invoices are payable:
- with advance payment for new customers in Germany immediately in full without deduction before the start of production
- with advance payment for customers outside Germany without deduction before the start of production
- with invoice within 10 days without deduction after invoice date for existing customers
In the event of late payment, interest on arrears shall be payable at the statutory rate. In the event of late payment, the seller shall be entitled to make no further deliveries under current contracts or to demand cash payments before delivery of the goods, with the payment term being cancelled.
Deduction of discounts is not permitted.
The agreed delivery time shall only apply from receipt of payment of the full invoice amount in our account.
7. warranty
In the event of properly raised and justified complaints, the seller is entitled to make a replacement delivery. If the seller waives his right to replacement delivery or if it is not provided within a reasonable period of time or if the goods delivered as a replacement are again defective, the buyer may, at his discretion, demand a reduction in the purchase price or cancellation of the delivery.
8. complaints about defects
Complaints will only be considered if they are made in writing without delay, but at the latest within fourteen days of receipt of the goods, enclosing receipts, samples and the invoice number. Rejected goods may only be returned with the express consent of the seller. Commercial or minor technically unavoidable deviations in quality, colour, width, weight or design may not be objected to. In the case of goods which are expressly sold as being of inferior quality, claims for defects or warranty claims are excluded. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made abroad. Amendments and supplements to the individual agreement or as a result of these terms and conditions must be made in writing.
9. reference provisions
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions. Insofar as nothing is regulated in these General Terms and Conditions, the statutory provisions shall apply.
10. miscellaneous
All samples and orders created may be used by us as a reference for all media (Internet etc.) without further written consent.
If the buyer wishes to raise objections to this (in particular from trade mark law), this must be done before the contract is concluded.
Status: 05/04/2012
Business management
Michael Schulze
An der Beek 5322851 Norderstedt
HRB 24167 Amtsgericht Kiel
Tel: +49-40-60928527
Email: info@logo-socken.de