Terms and conditions
erms of Service
1. General
1.1. We provide all our deliveries, services and offers exclusively under the following conditions of sale, delivery and payment. We do not accept any general terms and conditions of the customer deviating from our terms and conditions, unless we have agreed in writing to the applicability of the conditions of the customer in individual cases.
1.2. Our conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
1.3. Our terms and conditions also apply to all future business with the customer.
2. Offer and conclusion of contract
2.1 Our offers are - unless otherwise stated below - always non-binding. All offers and all orders of the customer are only binding for us, as far as we confirm them in writing or by fax or comply with them by delivery of the goods. An order confirmation can also be made in the form of an invoice.
2.2 Our employees, sales employees, agents and sales representatives are not authorized to make ancillary agreements or give oral assurances that go beyond the content of the written contract.
2.3 Per order, a minimum order value of EUR 30.00 applies net. If we accept orders with a lower order value, we are entitled to charge a minimum quantity surcharge of EUR 10.00 net.
2.4 Dimensional and weight specifications, illustrations, drawings and other documents that form part of our offer are only binding for us if they have been expressly designated as binding by us.
2.5 If an order of the customer to qualify as an offer in the sense of • 145 BGB, we can accept this offer within 4 weeks of receipt by us by a written order confirmation or by sending the goods.
3. Prices, terms of payment, assumption of the procurement risk and guarantees
3.1 Unless otherwise stated in our order confirmation, our prices apply ex warehouse, excluding packaging, postage and transport costs; these will be invoiced separately. Any required (transport) insurance or other ancillary services will also be charged separately. Added to this is the VAT valid on the day of invoicing. For deliveries abroad or custom duties, etc., the customer bears.
3.2 The prices quoted by us are only valid for the individual order; Repeat orders are considered as new orders.
3.3 Unless otherwise stated in the order confirmation, the purchase price is payable immediately without deduction.
3.4 Payments are to be made free of charges in the amount of the respective amount to be paid. Checks are only accepted by express agreement and only on account of payment. Despite the contrary provision of the customer, we are entitled to first offset payments against his older debt. In this case, we will inform the customer about the type of settlement that has taken place. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the principal claim / service.
3.5 A payment is deemed to be made only when we can dispose of the amount. In the case of checks, the payment is deemed to have taken place only when the check is definitively credited by the bank. Any charges will be borne by the customer.
3.6 If the customer defaults on payment, we shall be entitled to demand interest of 8% per annum above the respective base interest rate from the relevant point in time. The assertion of a higher damage caused by default remains reserved.
In the event of default of payment, we also reserve the right to retain goods and other services until complete payment of our outstanding claims. We are further entitled to demand advance payment or security deposit for outstanding deliveries / orders and to withdraw from the contract after unsuccessful setting of an appropriate grace period for the provision of security / advance payment and to claim damages.
3.7 Installment payments require an explicit agreement and are only possible for a partial installment surcharge to be agreed. In any event, if we grant a installment payment, the outstanding amount will be immediately and completely payable if the customer defaults on the payment of a installment more than two weeks.
3.8 The customer may only offset with an undisputed or legally determined counterclaim. The assertion of a right of retention is only permitted to the customer if it is based on the same contractual relationship and if the underlying counterclaims are undisputed or legally established.
3.9 The assumption of the procurement risk also in the case of generic debts as well as general guarantees in the sense of • 443 BGB requires the express written agreement.
4. Delivery, transfer of risk, delivery time and delivery delay
4.1 The delivery is made at the expense of the customer "ex works". The risk of accidental loss and accidental deterioration of the goods during shipping is borne by the customer. This also applies to the shipment of the goods to a recipient specified by the customer as well as to franco deliveries. We will insure the goods in relation to a shipment. This does not mean that we assume the risk for the transpoert.
The risk passes to the buyer with delivery to the shipping agent, but at the latest when leaving our house. If the shipment or acceptance of the goods is delayed as a result of circumstances for which the buyer is responsible, the risk passes to the buyer upon dispatch of the readiness for dispatch notification. Irrespective of any representation, the risk passes to the buyer one week after receipt of a readiness for dispatch notification.
4.2 In the case of returned goods, the customer undertakes to sufficiently insure them against any form of loss and deterioration at his own expense. He agrees to choose the same type of return that we have chosen for shipment.
4.3 Delivery dates or delivery deadlines result from the agreements with the customer. They are only binding if expressly promised in writing. Your compliance by us assumes that all commercial and other issues between us and the customer have been resolved and that the customer has fulfilled all obligations incumbent upon it (eg providing any necessary official certification or approval or the performance of an agreed upon advance notice) Deposit, etc.). If this is not the case, the delivery period is extended appropriately. This does not apply if we are responsible for the delivery delay. In case of subsequent changes to the order at the request of the customer, we are entitled to demand a corresponding extension of the delivery period.
4.4 The delivery period and / or the delivery date is respected if the delivery item has left our premises or the readiness for dispatch notification has expired before its expiry date. The following events - insofar as they inhibit performance - result in a reasonable extension of the delivery period: circumstances of force majeure that occur after the conclusion of the contract or are unknown to us upon conclusion of the contract through no fault of our own; other extraordinary, unforeseeable and unavoidable events occurring after conclusion of the contract; subsequent strikes and lawful lockouts.
5. Supplementary rules for selection transactions
5.1 Our Terms and Conditions also apply to selections, subject to the special provisions contained in this section.
5.2 Goods delivered to the customer on his request shall be deemed to have been finally accepted for sale if and insofar as we fail to do so within an agreed or lacking agreement within the limits specified by us in the accompanying documents or - in the case of initial unlimited selections - within an appropriate period subsequently set by us Deadline recovered. The provisions on retention of title remain unaffected.
5.3 With the handing over of the selection goods to the customer, or with dispatch to the carrier, all risk, in particular that of the non-culverted loss, loss and damage passes to the customer.
5.4 The customer is obliged to adequately insure our selection goods against robbery, theft, burglary, predatory extortion, fire and water damage and assigns his claims to the respective insurer from future damage cases regarding the above dangers in advance to us as a precaution. We accept the assignment. At our request, the customer is obliged to inform us about the appropriate insurance company together with the address and insurance certificate number.
5.5 Without our prior written consent, the customer may not disclose our selection goods to third parties (not even in commission or for selection). Even if our consent is given, the customer is obliged to insure the third party against the conclusion of sufficient insurance of the goods against all risks, in particular those of accidental loss or accidental damage.
5.6 In the case of the return of selected consignments, the customer also bears the risk of non-culpable loss and non-culpable damage.
6. Transfer of risk - shipping / packaging
Transport and all other packaging in accordance with the Packaging Ordinance will not be taken back by us. The buyer is obliged to arrange for disposal of the packaging at his own expense.
7. Notice of defects, warranty and liability
7.1 The buyer must examine the received goods immediately after arrival on completeness, transport damage, defects, condition and property. This also applies in the case of resale. Obvious defects and damage in transit must be reported to us in writing immediately after discovery. Recognizable defects must be reported to us in writing no later than one week after delivery of the goods at the place of destination. Reference is made to the purchaser's obligation to inspect and to give notice according to • 377 HGB.
7.2 The claims for defects referred to in • 437 No. 1 and No. 3 BGB (for supplementary performance, compensation for damages and reimbursement of wasted expenditures) are subject to a limitation period of one year insofar as the law does not prescribe longer periods in the case of recourse to entrepreneurs and malice. For reduction and resignation as non-prescriptive design rights it remains with the legal regulation (• 438 Abs IV and V BGB).
7.3 The claim is excluded if the buyer fails to meet the defect in a timely manner
Paragraph 7.1. In the case of a justified complaint, we are obliged to rectify or deliver a defect-free product by way of supplementary performance - at our discretion. If we refuse both types of supplementary performance, if the subsequent performance fails or if it is unreasonable for the customer, the customer is entitled to the legal rights (reduction of the price or withdrawal from the contract).
8. Damages and Limitations of Liability
8.1 We are liable
1. without limitation in case of intentional or grossly negligent breaches of duty by our management, executives and vicarious agents in accordance with statutory provisions;
2. without limitation in case of intentional or negligent injury to life, limb or health according to the statutory provisions;
3. for intent and negligence, if we have violated a material contractual obligation; in the event of slight negligence, our liability is limited to compensation for the foreseeable damage typical for the contract;
4. in the context of a guarantee we have assumed (§ 443 BGB) as well as unrestrictedly, if we have fraudulently concealed a defect;
5. as far as according to the Product Liability Act in the case of errors in the delivered items, regardless of fault, liability for death, bodily injury and damage to health or damage to predominantly privately used items is liable.
8.2.1 Further claims for damages against us are excluded regardless of their legal nature.
8.2.2 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, sales representatives and vicarious agents. In the area of liability for defects, the provision under § 7.2 of these conditions applies to the limitation period for claims for damages and claims for reimbursement of futile expenses.
9. Retention of title
9.1 The delivered goods remain our property until full payment of all claims arising from previous contracts, including all ancillary claims and until redemption of bills of exchange and checks. This also applies if the purchase price for certain deliveries of goods made by us has been settled. In the case of current invoices, our conditional ownership as stipulated above applies as security for our balance claim.
In the case of a balance, our conditional ownership, as provided for above, also serves as security for our claim from the balance.
9.2 The customer may sell our reserved goods only in proper business dealings. Pledging or chattel mortgage of the reserved goods is not permitted. If the customer resells unpaid retention of title goods to third parties, he must in turn arrange a retention of title with the customer in the case of credit transactions.
9.3 Insofar as a resale of our reserved goods should not be made in cash, the customer hereby assigns to us his purchase price claim against the purchaser in the amount of our invoice price including value added tax as a precaution. We accept the assignment. The customer is authorized to collect the claim assigned to us in trust for us as long as he duly fulfills his payment obligations to us. In the event of default of payment by the customer, we are entitled to disclose the assignment and demand payment from the third party. This also applies to suspension of payments and application for insolvency proceedings. Upon request, the customer must then provide us with all documents and information necessary to assert the claim.
9.4 The customer is obliged to adequately insure the reserved goods at his own expense in our favor against theft, burglary, robbery, predatory extortion, fire and water damage. The customer hereby assigns to us all insurance claims arising from this with regard to the reserved goods for security reasons. We accept the assignment.
9.5 Access by third parties (eg seizure or seizure) to the goods delivered under reservation of title or to the claims assigned to us shall be immediately contradicted by the customer with reference to our rights. Furthermore, he must immediately notify us of such access in writing, providing the documents required for intervention (eg copy of the seizure protocol).
9.6 The customer agrees to leave our original labels until resale of the goods or to identify the goods as originating from our deliveries when using their own labels by appropriate labeling.
9.7 In the event of default in payment or other conduct of the customer contrary to the contract, we shall be entitled to take possession of the reserved goods at the expense of the customer or to demand assignment of the customer's claims for return against third parties. The retention of title entitles us to demand the surrender of the reserved goods in the absence of the agreed payment even without setting a deadline.
9.8 We undertake to release the securities to which we are entitled in accordance with the above provisions to the extent that their realizable value exceeds the claims to be secured by more than 20%.
10. Uncertainty defense / expiry clause - granting of credit
In the event of final redemption of the goods, in particular due to payment difficulties or insolvency of the customer, etc., credit will be taken. In doing so, we reserve the right to make deductions in advance
1. the external condition of the goods at the time of their return (eg due to the cost of any necessary refurbishment work, re-labeling costs for original or damaged labels damaged during the storage period and / or unsightly);
2. an impairment occurring in the period between delivery and redemption as a result of fashion obsolescence or further technical development;
3. a lower price of precious metals compared to the date of the invoice. Decisive is the price of the day on which the reserved goods come back into our possession;
4. the sales costs incurred by us; Here we are entitled to a flat deduction of 10%. The customer is free to prove at his expense that a discount is not or only to a significantly lesser extent justified.
11. Copyright
Our designs, samples, models and the like are our intellectual property and may not be copied or used by the customer for any other purpose, even if there are no special property rights.
Any culpable violation of this makes the buyer liable for damages.
12. Data processing
Customer data is subject to electronic data processing within the scope of order processing. When using personal data, we will comply with the statutory provisions, in particular the Federal Data Protection Act
13. Place of Performance, Jurisdiction, German Law, Intra-Community Acquisition
13.1 Place of fulfillment for delivery and payment is for both parties exclusively Idar-Oberstein.
13.1.1 Jurisdiction is for all arising from the contractual relationship as well as its emergence and its validity litigation, also for bills of exchange and checks, for commercial customers for both parts Idar-Oberstein or, at our choice, the seat of the customer. The electoral jurisdiction agreement also applies to customers who do not have a general place of jurisdiction in Germany.
13.2.2 Customers from EU Member States are obliged to compensate us for any damage that may occur to us as a result of tax offenses of the customer on the basis of false or omitted information from the customer about his "threshold" or indication wrong identification number.
13.2.3 Excluded from the UN Convention on the International Sale of Goods, the contractual relationship is subject exclusively to German law for both parties.
14. Severability clause
Should one of the above regulations be or become ineffective, the remaining regulations shall remain valid. The ineffective regulation shall be replaced by the one that comes closest in content to the economic purpose desired by the parties.