General Terms and Conditions of Sale of Steindesign GmbH
Filastraße 1, D-86577 Sielenbach
Managing Director M.Sc. Harald Bögl
(hereinafter: Fa. Steindesign)
All offers, orders, contracts and deliveries shall be made exclusively in accordance with our general terms and conditions of sale; no other terms and conditions shall become part of the contract, even if we do not expressly object to them.
The catalog and the offers of Fa. Steindesign are directed only to buyers who use the goods exclusively in the context of their independent commercial activity as resellers. By placing an order, the buyer confirms the appropriate use of the goods.
Our offers are in principle subject to change. An order shall only be deemed binding after our written confirmation. Offers from customers are usually made by submitting a completed order form. This offer is considered accepted with the execution of the delivery and the transmission of the invoice, if the shipment of the goods takes place within a period of 4 weeks from the receipt of the customer's offer.
If a customer orders a large number of goods and these can only be delivered in part, a contract for the purchase of these goods is concluded upon sending the deliverable part of the goods, unless the partial delivery is obviously pointless for the customer or the customer has indicated in writing when placing the order that he is only interested in a complete delivery.
III. Prices/price increases
The prices are valid from Fa. Stone design as net unit price in EURO plus. the respective applicable value added tax. The prices published in our current price list as of the effective date of the order shall apply in each case. The current price list can be viewed on our homepage (www.steindesign-shop.de).
If the prices stated in the current price list cannot be maintained due to an increase in costs or cost prices until the delivery of the ordered goods, the company is entitled to charge the customer for the goods. Steindesign may increase the prices at its reasonable discretion.
The changed price information will be announced to the customer before, or with delivery and transmission of the invoice. In the event of such a price increase, the customer may immediately reject the goods and notify the company. Steindesign at their expense if the increased net price exceeds the price applicable at the time of the order according to the price list by at least 10%.
IV. Return policy
The customer is granted a right of return of 14 days from receipt of the goods in the event that the customer does not like the goods sent. For the purpose of calculating the return period, the goods shall be deemed to have been received by the customer no later than the expiry of the 3rd working day after dispatch. The customer must prove a later delivery date.
The right of return exists only if the goods are returned properly using the original packaging in the manner to the Fa. Steindesign is returned that damage to the goods is excluded as far as possible.
If a returned product arrives damaged at the Fa. Steindesign, the customer is obliged to pay the invoice price for the damaged goods, unless the customer can prove that he is not at fault.
The customer bears the cost of return within the scope of the right of return.
The right of return does not exist if the customer and the Fa. Steindesign agree on this before execution of the delivery.
The warranty period is 1 year and begins with the receipt of the goods by the customer.
Obvious defects - in particular transport damage to the goods - the customer has the company. Steindesign in writing without culpable delay. The notification must be made within a period of 1 week from receipt of the goods at the latest.
In the event of a defect, Fa. Steindesign shall be entitled to rectify the defect or make a replacement delivery, whereby the subsequent delivery shall be free of postage. If two attempts at repair or replacement fail, the customer may, at its option, demand rescission or reduction of the purchase price.
If the sold delivery item is a used item - for example a preliminary product - any liability for material defects is excluded.
VI. Limitation of liability
If Steindesign has to pay for damage caused by slight negligence on the basis of the statutory provisions in accordance with these conditions, Steindesign has limited liability; liability only exists in the event of a breach of essential contractual obligations and is limited to typical damage that was foreseeable at the time the contract was concluded. This limitation does not apply to injury to life, limb or health.
Insofar as the damage is covered by an insurance taken out by the customer for the damage in question, Steindesign is only liable for any associated disadvantages for the customer, e.g. B. higher insurance premiums or interest rate disadvantages until the claim is settled by the insurance company.
Regardless of fault on the part of Steindesign, possible liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee, from the assumption of a procurement risk or under the Product Liability Act remains unaffected. The personal liability of the legal representatives, vicarious agents and employees of the Steindesign company for damage caused by them through slight negligence is excluded.
VII. Retention of title
The delivered goods remain the property of Steindesign until the claims to which Steindesign is entitled based on the purchase contract have been settled. The retention of title also applies to Steindesign's claims against the customer from the current business relationship until the settlement of claims in connection with the business relationship.
At the request of the customer, Steindesign is obliged to waive the retention of title if the customer fulfills all claims in connection with the object of purchase indisputably and provides appropriate security in relation to the other claims from the ongoing business relationship.
As long as the retention of title exists, the customer may neither dispose of the goods nor contractually grant third parties a right of use.
Steindesign delivers cash on delivery, with regular customers on an invoice basis. Claims from invoices are due 3 days after receipt of the invoice and the goods and must be paid without deduction.
The customer is only entitled to offsetting or retention if the claims asserted by him are legally established or undisputed.
IX. applicable law, place of performance, place of jurisdiction
The law of the Federal Republic of Germany applies to the entire legal relationship between the contracting parties, excluding the UN Sales Convention.
The place of performance for claims arising from the contractual relationship between the parties is 86453 Dasing.
For all current and future claims arising from the business relationship between Steindesign and the customer - if the customer is a merchant within the meaning of the German Commercial Code - including bill of exchange and check claims, the exclusive local place of jurisdiction is Augsburg.
The same applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his domicile or usual place of residence from the Federal Republic of Germany after the conclusion of the contract.
The customer is informed that his data - insofar as this is commercially necessary and permissible under the law - will be stored and processed using EDP.