TERMS AND CONDITIONS OF USE
Our (SELLER) offer is available to business clients (industry, trade, self-employed professionals, BUYER) only. All prices are net prices in Euro (€, EUR), excluding taxes. (Customers acting as consumer will be not served by SELLER).
§1 Terms and conditions
The following terms and conditions are applied to the agreements executed between the SELLER and the BUYER, for the supply of the our products and / or services available on our online shop or individualized offers.
§2 Contract and withdraw
The order is confirmed only after the shipment of the product(s) or by sending a formal order confirmation. The SELLER will fulfill the order according to the conditions defined in the product description. The SELLER reserves the right to withdraw from the contract, in case of typing/printing mistakes or miscalculation. If a relevant supplier or business partner for the project will not complete the agreed delivery, the SELLER reserves the right to withdraw from the contract.
The risk is transferred to the Purchaser as soon as the shipment is handed over to the logistic company / person carrying out the delivery or when the shipment leaves the premises for the purpose of dispatch, irrespective of whether the dispatch takes place from the place of fulfillment and irrespective of who is to bear the cost of the dispatch. Additional costs are charged to the BUYER. Communicated delivery time will be not binding and might be beyond the control of the SELLER.
§4 Prices and Transports costs
The prices of the Products exclude any statutory VAT, customs and transport costs, which are charged to customers.
§5 Retention of Title
The Product supplied remain in the property of the SELLER until the date of the payment by the BUYER of the entire price of the product(s).
§6 Terms of Warranty
If the product(s) is(are) delivered damaged and it(they) can’t be used for the use stipulated in the contract, the BUYER can obtain, within the warranty period, the substitution or repair of the defective Products. If the product(s) can be repaired, the BUYER can not ask for the substitution. If the product(s) can’t be repaired, the BUYER can ask for price reduction or withdraw from the contract.
The SELLER has liability, according to the provisions of law. In the case of negligent violation of contractual obligations, the SELLER is only liable for the damages typically foreseeable by the contracts.
The BUYER agrees that Personal Data provided may be used and retained by the SELLER , stored on electronic supports and transferred to third parties (e.g. FedEX, GLS, DHL, UPS). The BUYER agrees to collection, processing and use of personal data. The personal data of the BUYER will be kept safe and confidential by the SELLER. In order to evaluate the credit, the SELLER reserves the right to transfer the BUYER ’s personal data to rating agencies. Personal data are collected, processed, transferred in accordance with the EU law (Directive 2002/58/CE of the European Parliament and the Council of 12 July 2002 on Personal Data Protection). The BUYER has the right to ask and obtain the cancellation of his/her personal data. The SELLER is obliged to erase them immediately after termination and fulfillment of the contracts.
§9 Applicable law
These Terms and Conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of Germany. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of Berlin (Germany).