Scope of application
Our terms and conditions are part of all, especially the following transactions with the customer; they are accepted by placing an order or acceptance of the goods or service. Other terms and conditions, in particular purchase conditions of customers will get from us – not accepted – even without written objection. The customer having regard to its terms and conditions counter confirmations are hereby rejected.
I. Offers and acceptance
- Our offers shall be non-binding. Processing technical changes and variations in colour, shape, size and / or weight are reserved within reasonable limits to our offers.
- Initial orders from customers in DACH and Benelux are generally executed only after positive credit check and sufficient credit insurance or against prepayment. Execution of initial orders from foreign customers outside DACH and Benelux only against prepayment.
- We manufacture our products exclusively to order. Reductions or cancellations after receiving the order confirmation are only possible against payment of a cancellation fee according to the following scale:
– until 3 months before delivery: 25% cancellation fee
– until 2 months before delivery: 50% cancellation fee
– until 1 month before delivery: 75% cancellation fee
II. Delivery and Performance
- We will endeavour to adhere to by the customer requested delivery dates. However, due to the hazards and peculiar features of glass products, delivery dates will not be binding unless expressly agreed in the acceptance of order.
- We reserve the right to make partial deliveries.
- In case of culpable exceeding of a performance period default shall occur only after a written request of the customer. In case of delay the customer is entitled to rescind the contract after a reasonable grace period.
- Further claims, especially claims for damages are excluded, unless that our delay in performance or other breach of duty is based on our intent or gross negligence.
- Circumstances beyond our control, such as force majeure, release us from the observance of the agreed delivery time, or entitle us to rescind the contract.
- Any complaints regarding incomplete or defective delivery must be reported to us within seven days upon delivery. Hidden defects must be reported immediately after their discovery. This also applies to a recourse by the purchaser in accordance with §§ 478, 479 BGB.
- We are liable for defects as follows:
2.1 We provide subsequent performance by delivery of conforming goods unless the removal of the defect is for the customer absolutely necessary and proportionate. The purchaser must allow a reasonable time and opportunity for subsequent performance. If this is denied, we shall be exempted from the subsequent performance and other warranty claims.
2.2 The purchaser is entitled in case of significant deficiencies to demand compensation instead of performance and / or withdrawal, unless a subsequent performance is made within the prescribed period. In the case of minor defects the customer may only demand a reduction of the purchase price, instead of withdrawal. A deadline pursuant to paragraph 2.1 is not necessary only in the following cases:
– Subsequent performance has finally been refused
– At least three attempts at subsequent performance failed
– A writing confirmed delivery has not been respected, and we knew that the customer has no interest in the subsequent performance
However, the buyer can only demand compensation instead of performance due to a defect, if we are responsible for the defect due to gross negligence or intent. This does not apply if a contractual cardinal obligation has been violated. This liability limitation does not apply in the event of injury to life, limb or health as a result of defects of the delivered product or in any other case, in which the liability of a seller is mandatory.
2.3 Supplementary performance and other defect claims shall not cover natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment or due to special external influences which are not specified in the contract.
2.4 Glass breakage of up to 3% of the contract value at the expense of the purchaser.
2.5 When defects are reported the buyer may only withhold payments to an extent that is reasonable in relation to the occurred defect.
2.6 The limitation period for defect claims is, except under cases covered by §§ 478, 479 BGB, one year from delivery.
2.7 In the event of a defect asserted by the consumer, the buyer has the duty to document the deficiencies and to provide us with the documentation in the case of the assertion of a recourse claim.
IV. Legal protection
- Our brands are protected by law. Any publication of samples to third parties or others is strictly prohibited. This also applies to seasonal colour and trend information from us and the Christmas Trend Group – CTG.
- The disclosure of manufactured samples or drawings based on our designs, to third parties is prohibited. The recipient of the pattern is liable for all disadvantages incurred by us through the utilization of the pattern by unauthorized persons.
V. Other claims
- Unless otherwise determined, claims for damages or compensation claims of the customer are excluded. This does not apply in the event of injury to life, limb or health as a result of defects of the delivered product or in any other case, in which the liability of a seller is mandatory.
- Compensation for the infringement of fundamental contractual obligations is limited to the typical, predicable damage except in cases of intent or gross negligence.
- In cases other than those mentioned in this provisions, the purchaser is entitled to withdraw from the contract only due to our negligence.
VI. Special delivery terms
- Unless otherwise agreed, all deliveries are ex works or warehouse.
- The risk of accidental loss and accidental deterioration of the contractual object shall pass to the customer as soon as the goods are given to transportation. This applies regardless of whether the shipment takes place at the place of performance and who bears the transport costs. If the customer is in default of acceptance, the risk shall pass upon notification of readiness for dispatch.
- For customized solutions, production-related deviations up to 5 % in quantity must be accepted and approved by the customer.
VII. Prices and terms of payment
- Prices are subject to change. The invoice is net, without any deductions to pay, plus the applicable VAT.
- The valid sales prices and conditions on the day the order is placed shall apply decisive. If delivery takes place more than 12 months after conclusion of contract the valid prices and conditions at the time of delivery shall apply decisive.
- If payment is received within 10 days after the invoice date, we grant a 2% discount, if no other delay in payment exists from this business relationship. Discount deduction is possible only on the pure net value. Labeling, transport and packaging costs as well as other special services are excluded from discount deduction.
- The payment will be due 30 days after invoicing.
- Offsetting and right of retention regarding previous orders are not permitted. In addition, the authorization is limited to cases where counterclaims or the right of retention are undisputed or if counterclaims have been legally established.
- If we subsequently become announced that the purchaser has concealed information that cast doubt on his creditworthiness at the time the order was placed, we are entitled to immediately withdraw from the contract or to demand payment of services already rendered.
- If our payment conditions are not complied, all of our receivables shall be due immediately. A late payment will invalidate all agreed conditions and we reserve the right to demand the return of the goods delivered.
- Shop selling prices include the applicable legal sales tax and represent a suggested retail price.
VIII. Retention of title
- Goods remain our property until full payment of all our claims due to this business relationship. The collateral assignment or pledge of the reserved goods is not permitted. With sale of the goods, the proceeds shall take the place of the goods. In the event of sale as well as an assignment of future claims by the customer, an extended retention of title shall be deemed agreed.
- Loss, damage, pledge or other interventions by third parties with respect to the reserved goods or pledging of the assigned claims must be reported immediately. If we take back the reserved goods due to the risk of damage or other improper handling, this action does not represent withdrawal from the contract. The buyer must reimburse the costs incurred by the assertion of our claims.
- The return of the goods respectively the assertion of our rights due to delay in payment represents withdrawal from the contract, unless otherwise expressly stated.
IX. Applicable law
On all legal relations to us, the law of the Federal Republic of Germany shall apply exclusively.
X. . Place of performance and jurisdiction
- Place of performance for all obligations of both parties is 96465 Neustadt bei Coburg.
- Jurisdiction for all legal disputes between the customer and us is 96450 Coburg.
- Should individual parts of the contract or these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
- In the case of regulatory gaps the legally valid provisions shall be deemed agreed that the contractual partners would have agreed according to the commercial aims of the contract and the purpose of these terms and conditions, if they had known about the omission.
- These terms and conditions have been translated from German into English. In case of divergence, the original German version shall apply exclusively.
The data necessary for the business transaction will be stored and if appropriate referred to affiliated companies in the context of order processing. To verify your solvency data may be shared with credit reporting agencies or credit insurers. In addition, address and order data for our own marketing purposes are collected and processed. The buyer can object to this use of data at any time. In case of objection, we will use your personal data exclusively to process the customer relationship. Your data will not apply to third-party advertising.
Inge’s Christmas Decor GmbH, Dieselstrasse 7, 96465 Neustadt bei Coburg GERMANY
September 2015, changes reserved.