Terms of Business (AGBs)
Our offers, deliveries and services, both at home and abroad, are handled exclusively according to our terms and conditions below, as amended at the latest date. They are considered as recognised upon the receipt of our order confirmation or our invoice. Deviating or supplementary terms of business are only valid after our approval inwriting. This is also the case, if we, in awareness of this, affect our deliveries and services.
2. Terms of Payment
Our prices are net prices, plus the applicable statutory sales tax, plus accruing customs duty. For a net order value of up to €50.00, we will surcharge for quantities below minimum of €5.00. Payments with a discharging effect can only be made in gross directly to us. Without further individual agreement in writing, we allow a discount of:
3% for payments within 10 days after date of invoice. In the case of later payments, the invoice amount is payable without any deduction. Cheques and bills accepted by us are considered as payments only after they have been cashed by us. Bills are only accepted within 10 days after the date of invoice. In case of cash on delivery (C.O.D.) or payment by bill, there is no deduction of a cashdiscount. A set-off on the part of the purchaser is only admissible with undisputed or legally recognised claims. The assertion of the right of retention is only possible with our consent. According to §367 of the German Civil Code, all payments are first set-off against costs and interests, then against the principal claim.
3. Terms of Delivery
Deliveries shall be ex works Kulmbach or ex our delivery warehouse sor ex manufacturers for Customer's account and risk. Part deliveries shall be admissible. The agreed delivery dates shall apply to deliveries. However, we reserve the right to a subsequent delivery period of 4 weeks. Said subsequent delivery period shall commence with receipt by us of the setting of the period. Should deliveries be delayed by acts of God, civil commotion, strike, lock-out, exhaustion of raw materials or interruption of operations that are not our responsibility, also at our suppliers, the delivery time is extended by at least for the period of time it takes to rectify the interruption. In the case of lasting delivery disruptions, we are entitled wholly or in part –in this respect also excluding any claim for damages – to cancel the contract. We will inform the buyer about any hindrances as soon as possible. Returns of materials for cut coupons shall be ruled out, an exception being formed by punctual and justified complaints pursuant to Section 4 of the present terms and conditions.
If a defect exists, we reserve the right to after-working twice at proportionate costs and replacement delivery once within a suitable period after receipt of the goods and following agreement. Notifications of defect shall be made to us in writing without delay, albeit within 10 days of receipt of the delivery. Shadings shall not give rise to complaints. Complaints on goods already cut or processed in any other way cannot be made. Slight fluctuations in quality, colour, width, finishing or design which cannot be avoided technically may not be complained about. The same shall also apply to deviations customary in the trade. Decrease or increase in delivery quantities up to 10% for contract orders have to be accepted. This delivered quantity will be invoiced. The aforementioned regulations shall apply according for hidden defects following discovery.
5. Period of Limitation
Warranty claims become statute-barred 12 months after the delivery ofgoods. For damages from the injury of a person's life, body and health, which were caused by a defect to be justified by us, the statutory period of limitation is 24 months after delivery of the merchandise.
We exclude all kinds of damage claims raised against us. We are only liable in the case of gross negligence or intent as well as in cases of a breach of cardinal obligations and subject to the Product Liability Act. In cases of slight negligence regarding the breach of cardinal obligations we limit our liability to the order value. Liability subject to the Product Liability Act has its limit where liability can be excluded or limited.
7. Reservation of Title
Our deliveries remain our property until the complete payments have been affected by the party to the contract. The party to the contract is entitled to a resale and reuse in the regular course of business, only. He herewith assigns to us his claims from the resale and reuse to the amount of our order amount. We herewith accept the assignment. The party to the contract is entitled to collect the claim assigned. In case of default in payment, filing of a petition in insolvency or adjudication of insolvency, judicial or extra-judicial conciliation proceedings or any other dwindling of assets on the part of the party to the contract, we are entitled to request that the party to the contract informs us about the debts assigned and their debtors, makes all information required for collection, hands out the appertaining documents and informs the debtor about the assignment. In case of a treatment or processing of the conditional goods, we are entitled to the ownership of the product resulting there from, namely in the proportion of the conditional goods to the value of the new product at the time of the treatment or processing.
8. Sample Books and Hangers
You are charged for these materials. Products on loan or free ofcharge remain our property.
9. Data Protection
In compliance with the regulations of the Data Protection Act we are entitled to register, process and transmit data regarding the money transfers and the movement of goods with our contract partners as faras this is required for the usual maintenance and/or proper accomplishment of our business. Our partners to the contract give their explicit consent for that.
10. Place of Performance, Place of Jurisdiction, Applicable Law
Place of performance for all claims under the contractual relationships our registered office. For contracts with merchants, juristic persons under public law or special funds under public law our registered officeis agreed upon as a place of jurisdiction. We are also entitled to sue at the headquarters of the party to the contract. German law of property shall exclusively be applicable excluding the regulations of the German Private International Law including the exclusion of the law regarding the international purchase of personalproperty (CISG), even if the ordering party has its registered officeabroad. As for the rest, our terms of business are based on thestandard conditions with amendments of the Convention of theGerman Home-textile Industry registered with the Federal CartelOffice unless differently phrased regulations have been made in ourterms of business. Our terms and conditions are supplemented by individual regulations in the applicable price list.
11. Declarative Statement and language
If any of the provisions of these terms of business is or will become ineffective or contains a loophole, the effectiveness of all the other provisions shall remain unaffected. In case of several issues in foreign languages always the german issue is valid in case of doubt.
Platform of the EU Commission regarding online dispute resolution: www.ec.europa.eu/consumers/odr
Legal form: private limited partnership
Registered office: Kulmbach
Court of record: Amtsgericht Bayreuth HRA 1043
Taxpayer identification number: 229 174 00907
VAT registration number.:DE 133 085 401
General partner: S & V Verwaltungs-GmbH
Registered office: Kulmbach
Court of record: Amtsgericht Bayreuth HRB 3722
Chief executive officer: Susanne Schicker-Westhoff, Andreas Klenk
Bank account: HypoVereinsbank
BLZ 771 200 73 Konto 3 321 479
IBAN: DE43 7712 0073 0003 3214 79
SWIFT (BIC): HYVEDEMM289