General Terms and Conditions

06-27-2017

  1. Contract conclusions
    1. Our offers shall be subject to change.
    2. Our deliveries shall exclusively be based on these General Terms and Conditions (GTC). Upon order placement, the Buyer shall accept these for the duration of the entire business relationship. Other general terms and conditions of the Buyer shall be accepted only if and insofar as they are confirmed by us in writing.
    3. Any agreements with our representatives shall require our written confirmation.
  2. Transport
    1. The transport risk shall be borne by the Buyer even if the goods are transported with our own vehicles.
    2. This shall also apply if "carriage paid" ("frei Haus") delivery terms have been agreed.
    3. Packaging and mode of transport shall be chosen at our discretion.
  3. Delivery
    1. Partial deliveries shall be permitted and can be billed separately.
    2. The delivery time shall be given to the best of our knowledge and without guarantee, particularly subject to us being supplied in due time.
    3. Should the set delivery date be exceeded, we shall be given an appropriate period of grace of at least two weeks to complete delivery. After expiry of that period the Buyer shall be entitled to withdraw from the contract.
    4. Claims for damages due to our exceeding the delivery period or due to our failure to perform shall in any case be excluded.
  4. Prices
    1. All prices are ex works in euros (plus value-added tax) unless otherwise agreed. Prices shall be subject to change.
      Prices shall be calculated based on the price list valid on the day of delivery.
    2. In the event that purchasing prices, wages etc. undergo major changes by the time of delivery, we shall have the right to adjust our prices accordingly
      as long as more than four months have passed between contract conclusion and the planned delivery date.
  5. Payment
    1. If payment is effected via third parties, particularly within the context of a "Del Credere" agreement, the goods are not deemed to be paid for until we have received the payment.
    2. If the payment deadline is exceeded, interest amounting to 3% above the discount rate set by "European Central Discount" shall be billed.
    3. Should some of our receivables be overdue or should circumstances come to our knowledge that put into doubt the ability of the Buyer to settle his bills, all our receivables shall be payable forthwith.
      In such a case we shall have the right to perform further deliveries upon payment in advance or upon the provision of sufficient security only.
    4. We shall expressly reserve the right to accept bills of exchange or checks; they shall only be accepted in lieu of payment. Any costs or expenditure caused hereby shall be borne by the Buyer.
  6. Retention of title
    1. We shall retain ownership of the delivered goods until all receivables resulting from the business relationship with the Buyer have been settled in full.
      Pledging or transferring the goods by way of security shall not be permitted (so-called current account reservation).
    2. The Buyer fully assigns to us, at this point, all receivables from the resale of the retained goods (so-called extended retention of title).
      At our request, the Buyer must provide the details concerning the assigned receivables that are required for collection and notify his debtors of the assignment.
    3. Irrespective of our right of collection, the Buyer shall, at any time, have the revocable right to collect our receivables in his own name as long as none of our receivables are overdue.
    4. Any payments received from the re-sale of our goods shall be received and kept safe on our behalf by the Buyer acting in a fiduciary capacity.
    5. If the securities that, according to the aforementioned provisions, are due to us exceed the receivables to be secured, we shall, upon request, release the respective securities that we deem appropriate.
    6. If the check/bill-of-exchange procedure is used, the retention of title shall be maintained even after payment by check is made until we are released from the endorser's liability.
    7. If third parties try to seize the retained goods, the Buyer must inform the third party that the goods are the Seller's property and notify the Seller forthwith.
    8. If the Buyer acts in a way that breaches the contract (e.g. payment default) the Seller can take back the goods or, as the case may be, demand that the Buyer assign to him any rights to recover
      possession from third parties. The fact that the Seller takes back or seizes the retained goods does not constitute a withdrawal from the contract.
  7. Warranty
    1. Any noticeable defects must, pursuant to section 377 et seq. of the German Code of Commercial Law (HGB), be reported in writing forthwith or, at the latest, within ten days of receipt of goods.
    2. Should the Buyer receive defective goods, he shall have the right to have the defect rectified. If rectification were to fail or be impossible, the Buyer can demand order cancellation, a reduction in price or replacement deliveries. Any further claims made for whatever legal reason, including unlawful acts, particularly due to any damage/loss caused by defects, shall be excluded.
    3. We accept no liability for misprints and errors.
  8. Rights to pictorial material
    1. All pictures of our products are protected under copyright and must not be used without our explicit consent. This shall apply to all media.
  9. Scope of delivery
    1. Measurements, colors, figures and drawings are binding with regard to order execution only if this has been expressly confirmed. Otherwise, the customary trade tolerances are permitted.
  10. Applicable law
    1. The contractual relationship with the Buyer shall be subject to German law only.
      The validity of the Uniform Law on the International Sale of Goods shall be excluded
  11. Final provisions
    1. The place of performance and the place of jurisdiction, also for checks and bills of exchange, is the seat of the company.
    2. Any verbal arrangements that differ from these General Terms and Conditions must be confirmed in writing to become legally valid.
    3. If any provision were to be invalid, the validity of the remaining provisions shall not be affected thereby.

Terms of delivery and payment
Delivery time by agreement!

National terms:
Delivery:
For orders with a net value under 50.00 € we will charge a processing and handling fee of 15.50 €.
For orders with a net value under 100.00 € we will charge a processing and handling fee of 5.00 €.
Orders with a net value between 100.00 € and 250.00 € will be delivered ex-works, no packing charges.
Orders with a net value of more than 250.00 € will be delivered free of carriage, no packing charges.

Payment:
10 days 3% discount, 30 days net
New customers – payment in advance (minus 3% pre-discount) for the first order.

International terms:
Delivery:
For orders with a net value under 50.00 € we will charge a processing and handling fee of 15.50 €.
For orders with a net value under 100.00 € we will charge a processing and handling fee of 5.00 €.
Orders with a net value of more than 100.00 € will be delivered ex-works, no packing charges.

Payment international:
By agreement.

Hazardous goods (hair-spray and ammunition):
5.00 € additional fee for each hazardous package (fees apply only for continental Europe).
This processing and handling fees do not apply on shipping of samples.