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General Terms and Conditions

I. Terms and Conditions

  1. For all present and future business relations the following trading conditions apply and thereby become part of contract.
  2. The business practices and conditions of the buyer will not be accepted or recognized even if implied.
  3. Special arrangements and amendments to these trading conditions require the written consent from us.

II. Offer / Conclusion of the Contract

  1. All offers are subject to confirmation.
  2. A contract results, if the salesman explains the acceptance of the contract, either verbally or in writing, to the buyer; the delivery or the service is rendered with the execution of the order and or when the dispatch of said product or service has been initiated.
  3. When an order is received through the seller’s Internet shop, the seller submits to the buyer a binding contract offer, and then the buyer collects the desired products and services in the electronic shopping basket, provided for this purpose. The order can then be processed by clicking the buy button, and then this order is sent to the sales and ordering departments for processing. The contract is only completed with the successful delivery of the order and or the completion of the service so that the buyer states to the seller the acceptance of the order or service by a specific method.

III. Right to withdraw from the contract

  1. Provided the buyer is also the consumer, the contract or the intent can be cancelled within two weeks of receipt of the article or articles. No explanation is necessary to cancel the contract or to return the articles or article; it is sufficient to send written notification along with the article or articles being returned or to cancel the service contract within the two-week cancellation period.
  2. The buyer is obligated pursuant to the conditions of cancellation to return the article or articles, if the article or articles can be shipped as a package. In the event of a return, the customer has to bear the cost for returns up to the order value of € 40.00 including sales tax. For orders over €40.00 including sales tax, the customer bears the costs for the return, if the return or a partial payment has not yet been received within the cancellation period. In all other respects, as well as in the event that the delivered article or articles do not correspond to the order, the seller bears the shipping costs.
  3. If the article or articles cannot be shipped as a package, it is sufficient to send a suitable request for cancellation or return, without explanation, within the two - week time period. The timely return of the article or articles is sufficient to ensure the two - week time period.
  4. If the buyer is the consumer and has financed the order/contract in the form of a loan, the buyer shall not be liable in the event that the contract is cancelled and also the loan contract is no longer binding in the event of a cancellation, when both contracts constitute a business agreement. When the money is paid to the seller and the contract has already been cancelled then the buyer is to contact the seller and also the lender regarding the payment.
  5. The right to cancel the order or contract does not apply to sealed or welded goods if the package was opened or damaged. The right to cancel an order or contract doe not apply to orders or contracts where the goods are made to order according to the specifications provided by the customer or were tailor made: this restriction applies particularly to any changes made to standard products on the instruction of the customer to the seller.
  6. Article or articles sent without a shipping fee is generally not an accepted practice.
  7. The shipping fee and the refund for the returned goods will be sent back together.

IV. Delivery Time

  1. Delivery times are not guaranteed, unless they are expressly stipulated as terms in the contract.
  2. We are not liable for any delays in delivery of goods or services resulting from increased violence and resulting from a chain of events, which makes the delivery of the article or articles essentially difficult or impossible e.g., among other things, strikes, lockouts, official orders, even when they occur at our suppliers. In these events we are allowed to postpone the delivery for the duration of the delay plus a reasonable adequate ramp up time: or because the contract is only partially fulfilled, we the seller can back out of the contract. If the interference lasts longer than three months the contracted partner is entitled to withdraw from any unfulfilled part of the contract after setting a reasonable deadline of at least two weeks.
  3. Satisfying the contractual obligations of the contracting parties presupposes meeting delivery due dates.
  4. We are entitled to send partial deliveries and partial fulfilling of the order.

V. Prices / Payment Terms and Conditions

  1. Sales tax is included in our prices, unless other arrangements have been made. Packaging, shipping and insurance costs are not included and will be invoiced separately.
  2. All invoices are due, at the latest, 30 days after the date of invoice. Payment will be considered punctual, when your wire is verified by the bank and it is within the allowed time, or if paying by check, if the check is received within the allowed time.

VI. Inquiries / Complaints

  1. Buyers are to notify us, in writing, within two weeks of receipt of the article or articles, regarding any obvious defects or damage, otherwise claims on the warranty will not be accepted. A timely delivery of the returned article or articles is sufficient to protect the time period for returns. The burden of proof is the responsibility of the contracting party for all conditions pertaining to any claims.
  2. However, these conditions do not apply, if bad faith has occurred.
  3. We are to be notified, in writing, immediately regarding any damage, which occurs during shipping and after notifying the contracted shipping company or freight forwarder.

VII. Retention of Title

  1. The delivered article or articles remain our property until all the requirements and conditions are met between us- the seller- and our customers. In the event of a breach of contract, in particularly payment delays, we are entitled, after unsuccessful attempts to settle the matter with the buyer and within a reasonable amount of time, to cancel the contract and to demand restitution for the delivered article or articles and all shipping and handling costs; dispensing with time periods for legal cases concerning setting of dates remain unaffected.
  2. The contracting party surrenders the right to the property and the rights to joint property to us if our delivered goods are processed, combined or mixed. We accept the transfer/surrender of ownership.
  3. Our contracted party is allowed to use the delivered article or articles according to terms and conditions of business. Pledging of security or transfers by way of security are not permissible. Our contracting party surrenders to us the receivables with regards to its resale, in its entirety, as collateral to us as safekeeping or the particular legal grounds. We accept the transfer or surrender of such collateral. Our contracting party is entitled to draw up its own invoice, which is revocable, in its own name, listing the surrendered receivables. If we invoke our right to a lien on the property, the contracting party has to surrender to us, the seller, the name and address of the third party; and to make all reports available, which are necessary for any claims and to assert our rights.
  4. If the value of the collateral exceeds our entire receivable by more than 10%, we are obligated to back transfer back, upon request from the contracting party.

VIII. Passing of Risk

The risk of accidental loss or devaluation to the delivered article or articles is passed on and we are no longer liable, when the order is placed with a shipping company or freight forwarder or else to a specified person in charge of commissioning the delivery or an entity belonging to the shipping company.

It is also holds true if the delivery is delayed because the contracted party delays the acceptance of the delivery.

IX. Guarantee

  1. Providing that our work is really inadequate, we have the right correct the problem or defect.
  2. In individual cases, if the buyer is in fact entitled to the right of return and this right is exercised, the buyer is not entitled to any damages or compensation resulting from any defects or damages.
  3. The contracting partner chooses, in isolated cases of compensations for damage, the delivered article or article remains at the contracting partner, if this is deemed reasonable. The compensation is limited to the difference between payment and value of the unsatisfactory item. These conditions do not apply, if bad faith has occurred.
  4. As a condition of the sale of the article or articles stipulated in the contract, the description applies, in principle, only to the contracted article or articles from the manufacturer as agreed upon. Public expressions, praise or advertisement of the manufacturer does not represent in any way or stipulated the condition of the article or articles.
  5. Guarantee is rejected by us if a defect of the contractual article or articles or damage is due to natural wear or tear or it happens that the contracting party did not duly report the defect immediately upon discovery of said defect.
    Or
    the contracting party, despite request, did not give the opportunity to improve or to rework,
    or
    the contractual article or articles has been was inappropriately treated or abused,
    or
    the contractual item has been inappropriately repaired, serviced or maintained by a company,
    or
    the contractual item parts are built in, whose use the manufacturer did not approve,
    or
    the contractual item or parts of it were changed in a way the manufacturer has not approved,
    or
    the contracting party did not follow instructions for the treatment, maintenance or servicing of the contractual item.

X. Limited Liability

  1. We are not liable for any slight negligence, as far as any irrelevant breach of obligations stipulated in the contract. This applies also to any corresponding breach of duty by us or any contracted third party.
  2. The right to claim against the seller remains with the contracting party, as a result of any fraudulent concealing of a defect by us, from the assumption of a warranty or a procurement risk and by the product liability law.
  3. Limited liability does not apply when any bodily injury, injury to health or death occurs.

XI. Set-Off / Right of Retention

  1. The contracting party is entitled to set off counterclaims only if the counterclaim is not denied or the validly not determined.
  2. The contracting party can only exercise rights of retentions if its counterclaim is based on the same contractual relation.

XII. Copyright

  1. Laws protect all available images, prints and pictures in the Shop, and are protected according to all copyright and related patent rights of 9.9.1965 and on the same lines that the copyright and the patent rights remain entirely with us.
  2. Each rendition, reproduction or duplication (small or large poster, display, packing, calendar, on title pages, in the text or picture part of printed products for sale, books, magazines, newspapers, postcards, etc..) require prior written agreement by us.
  3. With each editorial rendition of our work a copyright fee is required. If this is omitted, then the customer is obligated to pay, without proof, a fee increased by 25 %, except when he proves that no or very slight damage was sustained by us. Further claims remain unaffected.

XIII. Miscellaneous

  1. If individual regulations of this agreement should be or become ineffective, thereby the validity of the remaining claims is not affected. The ineffective regulation has to be replaced by an effective one, which comes close to the economically desired purpose.
  2. For all contractual relations, the rights of the Federal Republic of Germany apply. United Nations Convention on Contracts for the international sale of goods do not apply
  3. It is agreed that the jurisdiction for disputes from all contracted conditions Stuttgart.