Conditions

 

 

Terms of Service

1. General

A) The following terms and conditions apply exclusively to our services and deliveries. We shall not accept any terms and conditions of the Purchaser which differ from our Terms and Conditions, unless we have expressly agreed to their validity in writing.
B) Only the entrepreneurs are considered as purchasers in the sense of these GTCs. Insofar as entrepreneurs are concerned, entrepreneurs are any natural or legal persons or legal partnerships which are acting in the exercise of their commercial or independent professional activities (§ 14 BGB) upon conclusion of a legal transaction.
C) All agreements made between us and the purchaser for the purpose of the execution of this contract are set down in writing in this contract
D) Our terms and conditions apply only to contractors within the meaning of § 310 Abs. BGB (German Civil Code).

2. Order confirmation and rescission

A) We require full technical and commercial clarification for incoming orders. The full details of the customer with the first name, surname, company address and address as well as the VAT no. Are mandatory.
B) All tenders shall be released before the written order confirmation. Upon receipt and acceptance of an order, delivery is initiated as soon as possible.
C) Consumers within the meaning of § 14 BGB (German Civil Code) are not entitled to revoke.
D) The catalogs, illustrations, price lists, Etc. and the data contained therein are not binding, unless they are expressly designated as binding by us.
E) If the purchaser withdraws from reservation or reservation without our fault, or if the purchaser otherwise distances us from the contract, we are entitled to demand 60% of the contractual value as compensation for loss of profit and expenses incurred Because the customer proves that no or a significantly lower loss has occurred. Our right to calculate the damages incurred in concrete terms remains unaffected.

 

3. Prices and order

A) Orders are made online via the portal www.deluxebymjs.com .
The access is only open for business (see item 1b) and registered customers. Login & password is required.
B) Prices are for continuous processing and delivery of the total order. Order divisions caused by the customer cause additional costs, which are invoiced to the customer.
C) The shipping for not German Customer -is calculated as a flat rate. For shipping on pallets there is a special tariff - day price /RHENUS. 
D) VAT is not included in our prices; It is stated separately in the invoice at the statutory rate on the invoice date.
E) If a foreign purchaser from the European single market does not comply with his obligations to pay VAT, our prices are increased by the value-added tax (VAT) valid in the Federal Republic of Germany.

 

4. Payment

A) Our invoices are to be paid in advance. The self-collectors pay the goods either cash at the pick-up or in advance.
B) The special orders - indicated in the shop - "goods on order" - are always to be paid in advance.
C) Payments are only to be made directly to us. They are initially calculated for any costs and interest incurred and, in the first instance, the oldest outstanding receivables.
E) Only persons with our written collection authorization are entitled to accept payments using our receipt forms.
F) If the customer is in default of payment, we are entitled to demand default interest of 9% above the respective base rate of the Deutsche Bundesbank pa. If we are able to prove a higher arrears, we are entitled to assert them.
G) In the case of default of payment of the customer, all our claims arising from all legal transactions shall immediately be due. This shall also apply if the customer is only in arrears with the payment of partial claims.
(H) The open grants shall be granted after the expiry of prescribed periods

/ Third dunning level / immediately

District Court Coburg -Mahngericht- 96441 Coburg

forwarded

or

A European payment order / manning procedure

Is adopted

I) The customer is not entitled to set-off, even if his counterclaims have been ascertained and recognized by us. He is also not entitled to refuse performance or to exercise a right of retention.


5. Packing / delivery / transfer of risk

A) The packaging shall be carried out in accordance with professional and commercial standards. Transport and all other packaging in accordance with the packing regulations are not accepted by us.
B) To the extent that the customer expressly requests a special type of dispatch, we will charge the extra costs incurred.
C) If transport damage or transport losses occur, the customer has to record a protocol together with the postal worker / courier. If the damage is significant, the customer has to inform us immediately.
F) We can make partial deliveries and invoice them.

 

6. Delivery periods

A) Delivery times, delivery dates and other dates are stated to us to the best of our knowledge. Force majeure, strikes, operational disturbances and similar indebtedness on our side or non-timely self-supply extend the delivery periods by the duration of the hindrance.
B) The delivery period begins only after receipt of the money into our account.
C) We are liable according to the statutory provisions insofar as the underlying purchase contract is a fixed transaction within the meaning of § 286 (2) No. 4 BGB or of § 376 HGB. We shall also be liable according to statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased.
D) We shall also be liable according to the statutory provisions, if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is attributable to us. If the delay in delivery is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
H) We shall also be liable according to the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable violation of a fundamental contractual obligation; "Essential" is an obligation, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely. In the event of such breach of duty, our liability for damages shall be limited to the foreseeable, typically occurring damage.


7. Reservation of title

A) All items delivered remain our property until full payment of all claims arising from the business relationship with the Purchaser; Including contingent receivables.
B) In case of breach of contract by the customer, in particular in case of default of payment, we are entitled to take back the purchased item. The withdrawal of the purchase item by us does not constitute a withdrawal from the contract, unless we had expressly declared this in writing. In the attachment of the purchase object by us is always a withdrawal from the contract. After redemption of the goods, we are authorized to use them, the proceeds from the sale must be credited to the liabilities of the purchaser - less appropriate costs of realization.
C) The purchaser is authorized to resell our reserved goods in the normal course of business; However, he already assigns to us all claims in the amount of the final invoice amount (including value added tax) of our claim arising out of the resale against his customers or third parties
Irrespective of whether our reserved goods have been resold without or after processing. In the event that the customer's receivables are transferred from the resale to a current account, the customer hereby also assigns his claims from the current account to his customer. The assignment shall be made in the amount of the amount which we have calculated for the reserved goods which have been sold.
D) The Purchaser shall remain authorized to collect the assigned claims even after the assignment; Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the assigned claims, insofar as the customer complies with his payment obligations, is not in default with payment and, in particular, no application for the opening of the insolvency proceedings is filed or payment is settled. But if this is the case,
To designate the third party debtors, to notify the assignment to the third party, to provide us with further information, to submit and transmit documents, and to transfer bills of exchange. Furthermore, the Purchaser shall be obliged to grant us access to the reserved goods still in his possession, to send us an exact list of the goods, to separate the goods and to deliver them to us.
E) The ordering party is not entitled to dispose of the reserved goods elsewhere. He can neither pledge, burden, nor surrender security.
F) Any processing or transformation of the reserved goods shall always be carried out by the purchaser for us. In the case of processing, connection or mixing of the reserved goods with other goods which are not our property, the resulting co - ownership share in the new item in the ratio of the
(Including VAT) to the other processed, combined or blended objects at the time of processing, compounding or blending. In addition, the same thing as for the goods subject to reservation shall apply to the goods resulting from processing, joining or mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, then it is agreed that the purchaser shall transfer us proportionately co-ownership. The purchaser shall store the resulting sole proprietorship or co-ownership for us.
G) If our conditional commodity becomes an integral part of a property by connection, the customer assigns us to the security the demands, which arise by the combination of the reservation commodity with a property against a third party.
H) We undertake to release the securities to which we are entitled under the above provisions at the Purchaser's request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%; The choice of collateral to be released is our responsibility.
I) The purchaser shall immediately notify us in writing of any seizure or other access by third parties to the reserved goods or the claims assigned to us, and shall assist us in every way in the case of the intervention. The customer bears the costs for this. If the third party is not in a position to reimburse us for judicial and extrajudicial costs, the customer is liable for the resulting failure.

 

8. Warranty and scope of liability

A) The Purchaser's warranty rights shall be subject to the condition that the purchaser has his / her Section 377, 378 HGB (German Commercial Code).
B) In the event that a defect is caused by us, we shall be entitled, at our discretion, to supplement the defect or to supply a new non-defective item.
C) If the supplementary performance fails, the customer is entitled, at his discretion, to demand rescission or reduction.
D) We are liable according to the legal regulations, if the customer claims damages claims based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless deliberate breach of contract is involved, our liability for damages shall be limited to the foreseeable, typically occurring damage.
E) We are also liable according to the statutory provisions, insofar as we culpably violate a fundamental contractual obligation; "Essential" is an obligation, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely. In the event of such breach of duty, our liability for damages shall be limited to the foreseeable, typically occurring damage.
F) Liability for culpable injury to life, body or health shall remain unaffected; This also applies to mandatory liability under the Product Liability Act.
G) The limitation period for claims for defects shall be 12 months from the date of the transfer of risk.
H) The limitation period in the case of a supply regress pursuant to Sections 478, 479 BGB shall remain unaffected; It shall be five years from the delivery of the defective goods.
I) In the case of complaints which do not fall under our warranty obligation, the costs incurred by us shall be borne by the customer.
J) The purchaser is prohibited from assigning any claims against us to third parties.
K) The transport damages are acknowledged within 7 days after receipt of the delivery. The complaint requires a written form and photos of the damaged items.

 

9. Company / resale

A) We are entitled to offer our company logo on all our products.
B) Unauthorized processing and / or modification of our articles and / or any unauthorized special postmarking which is appropriate to be regarded as the origin mark of the customer or which makes it appear that these articles represent his special products is inadmissible.
C) The purchaser is obliged to abstain from distributing the goods bearing our trademark to all acts which can be regarded as unfair under the applicable laws and regulations.

10. Place of performance - Jurisdiction - Miscellaneous

A) German law shall apply exclusively, even in the case of transactions with foreign contacts; The validity of the UN purchase law is excluded.
B) If the purchaser is a merchant, a legal person of public law or a public special fund, the court of jurisdiction is the place of jurisdiction for our place of business; However, we are also entitled to sue the customer at his place of residence.
C) Unless otherwise stated in the confirmation of order, our place of performance shall be the place of performance.
D) Should individual clauses of these terms be invalid, the validity of the remaining provisions shall remain unaffected.

Last update: November 2017

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