Conditions of Use
GENERAL TERMS AND CONDITIONS
FOR BUSINESS CUSTOMERS OF FORM32 DESIGN ELEMENTS GMBH
1. GENERAL
For all legal transactions and actions, as well as for all our deliveries and services, exclusively our sales, delivery, and payment conditions listed below apply. This also applies if an order letter from the buyer or customer contains its own conditions and we have not expressly and separately objected to these conditions. Our offers and catalog offers are non-binding and without guarantee, and changes are always reserved. Furthermore, we reserve the right to make technical changes in the sense of technological progress, as well as changes in form, color, and weight. Our sales, delivery, and payment conditions also remain valid for any subsequent orders, even if no further written order confirmation is issued, and the same conditions apply as set forth below. If individual points of these general sales, delivery, and payment conditions are invalid, this does not affect the validity of the remaining provisions, which remain binding.
2. WRITTEN FORM
Written form is expressly agreed upon. Communications by fax or email meet the requirements of written form. Statements, consultations, and agreements made or concluded by us or our employees are binding on us only with our written confirmation. Deviations from our sales, delivery, and payment conditions have effect only if they are made in writing or confirmed in writing by us. In addition, all declarations by our customers require written form for their legal effectiveness. Any implicit deviation from the agreed form of written form is excluded on both sides.
3. OFFERS, ACCEPTANCE OF ORDERS, AND CONCLUSION
All offers are non-binding and made without guarantee. The buyer (customer) is bound by signing the order (purchase order). The order confirmation defines the individual content of the contract (in particular scope, price, other individual provisions) and is deemed accepted by the buyer (customer) if no written objection is raised within 3 days of delivery. The buyer's (customer's) cancellation of the contract before delivery is possible only with our written consent. In this case, a cancellation fee of 30% of the sales amount is agreed upon. In addition, we are entitled to demand full compensation for the services provided by us for contract fulfillment. These services can also be claimed by us as a lump sum of 15% of the sales amount without us having to provide special evidence.
4. DELIVERY
All deliveries are made ex warehouse and travel at the buyer's risk and expense from our distribution warehouses. Agreed delivery dates are adhered to whenever possible but are not binding. Important reasons, in particular strikes, operational disruptions, non-compliance with delivery dates by our suppliers, force majeure, vacations, difficulties, transport delays, etc., entitle us to postpone delivery for the duration of the impediment or to withdraw from the contract in whole or in part. Therefore, we are not liable for any delivery delays or non-compliance with delivery dates. We also reserve the right to deliver equivalent or improved versions in terms of appearance, technology, or form. We also reserve the right to make partial deliveries. Each partial delivery is invoiced separately according to the applicable delivery and payment conditions.
5. PRICES
All our prices, especially those in our price lists and catalogs, are net prices and do not include the statutory value-added tax. The statutory value-added tax at a rate of 16% must be paid additionally. Postage and shipping costs are waived for a net goods value of see ;Delivery and Shipping Costs; otherwise, we charge them at cost price. Price changes are always reserved.
6. TERMS OF PAYMENT
We offer the following payment options: 1. Invoice with a payment term of 10 days, 2. Invoice with advance payment (new customers or initial orders), 3. PayPal, and 4. Credit card, see Payment Options. In the case of advance payment, the goods are shipped only after full payment. The billing of the website via credit card is handled by: HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l., 1 Place du Marché, L-6755 Grevenmacher, R.C.S. Luxembourg B 144133, Email: info @ hso-services.com, Managing Directors: Dipl. Vw. Mirko Hüllemann, Heiko Strauß. Payment by direct debit requires us to receive a direct debit authorization including the name, address, bank code, and account number of the bank institution. If payment is made by direct debit, a 2% discount is granted on the invoice amount, with the exception of minimum quantities, which are debited without deduction plus a minimum quantity surcharge. The collection will be made within 8 days from the customer's checking account. When ordering a minimum quantity (= smallest unit of sale), a minimum quantity surcharge according to the respective valid price list will be charged. Delivery is made unfree and is payable in advance without deduction.
7. RETENTION OF TITLE
All delivered goods remain our property until full payment is received. The extended retention of title applies.
8. TRANSFER OF RISK
The risk of accidental loss or damage passes to the customer as soon as the goods leave our warehouse.
9. WARRANTY AND DAMAGES
All defects must be reported in writing immediately upon receipt of the goods; otherwise, the goods will be deemed free from defects. Hidden defects must be reported within 14 days of the earliest possible knowledge. The warranty period ends no later than 6 months after delivery. Complaints made to representatives are not sufficient. In the case of justified and timely complaints, the customer (buyer) can only request replacement delivery, and any further warranty claims and consequential damages are completely excluded, and we are fully released from liability for them. In the case of justified and timely complaints, we provide replacement solely at our discretion in the form of improvement, exchange, or credit note. Any instructions for use provided by us are for guidance only, and we accept no liability for them. This also applies to any advice, installation instructions, and recommendations on our part. The customer (buyer) is solely responsible for the proper and appropriate use, proper installation, and commissioning of the goods. No liability is accepted for normal and natural wear and tear, and all claims for damages are excluded, and we are fully released from any claims for damages.
10. PLACE OF PERFORMANCE AND JURISDICTION
German law, excluding the UN Sales Convention, is agreed upon. The place of performance and jurisdiction is exclusively the court responsible for Minden.
11. DATA STORAGE
Customer data is stored and processed electronically to the extent necessary for business purposes and permitted under the Federal Data Protection Act.
12. COPYRIGHT
All goods are protected by copyright. Violations of copyright have consequences, particularly claims for damages.