TERMS AND CONDITIONSEddie2019-02-26T16:11:29+00:00
TERMS AND CONDITIONS
1.1 These general terms and conditions apply to the formation, content and execution of agreements to deliver goods and / or the provision of services by the seller (hereafter: “the Seller”) to the buyer (hereinafter: “the Buyer”). “) (Hereinafter” the Agreement “), as well as all other legal acts and legal relationships between the Seller and the Buyer.
1.2 Insofar as not expressly agreed otherwise in writing, any general terms and conditions of the Buyer shall not apply, not even in addition to the present general terms and conditions. These terms and conditions can only be deviated from explicitly and in writing.
1.3 If a notification ‘in writing’ has to be made on the grounds of these general terms and conditions, this notification can also be made electronically (eg by fax, e-mail, etc.).
2. Offers and offers
2.1 All quotations, offers, as well as data in price lists, leaflets and the like, are without obligation, unless the Seller has explicitly communicated otherwise in writing to the Buyer.
2.2 The Seller can revoke a free quote or offer within 5 working days after receipt of the acceptance. Quotations and offers are revocable, even if a term for acceptance is stated.
2.3 A sample or model is only shown or provided to the Buyer by way of indication. Only samples with a low market value are provided free of charge.
3.1 Agreements only come into effect if and after the Seller has confirmed a delivery order to the Buyer in writing or (wholly or partially) has proceeded to delivery, either if and after the Buyer has accepted a written offer in writing and the Seller has not received it. revoked.
3.2 If the Seller proceeds to deliver an order from the Buyer to delivery in different parts, then the Agreement shall be deemed to have been concluded in its entirety if the first partial or partial delivery takes place.
4.1 If after the date of conclusion of the Agreement the prices of materials and raw materials, or wages, salaries, social or government charges, freight, exchange rates, insurance premiums, import and export duties, or other cost-determining factors at home and / or abroad – by whatever the cause – are changed or those changes first come to the attention of the Seller, the Seller is authorized to change the prices accordingly with due observance of any applicable legal requirements. In case of an increase of the agreed prices by more than 10% within three months after the conclusion of the Agreement, the Buyer has the right to dissolve the Agreement in whole or in part, within 8 days after the date on which the Buyer gives the Buyer this change.
4.2 The prices mentioned on the website are excl. 21% VAT. In the shopping cart the VAT is automatically added to the order.
5. Delivery time and delivery
5.1 If a certain delivery time has been agreed, the Seller undertakes to realize this delivery time as much as reasonably within his power. The Seller does not provide any guarantee in this respect. Exceeding the original delivery time – regardless of the cause thereof – does not entitle Buyer to demand dissolution and / or compensation. After the original delivery period has expired, the Buyer may notify the Seller in writing of a new, reasonable, delivery period. If the Seller also fails to comply with this period, the Buyer can terminate the Agreement insofar as it can not be reasonably expected that the Agreement will remain in force.Any compensation claim from the Buyer in such a situation is subject to Article 9.
5.2 In the event that delivery on demand has been agreed, the Buyer must make the calls in such a way that within 3 months after the conclusion of the Agreement all goods have been completely called, unless a different call term is agreed in writing. If the Buyer remains in default, the Seller is entitled to offer the remaining goods to the Buyer and demand immediate payment, or to dissolve the Agreement without summons or judicial intervention being required and to claim full compensation. of all damage suffered by him.
5.3 Only the delivery of warehouse goods with an invoice value of more than EUR 200 excluding turnover tax, including packaging material (with the exception of packaging for which it is customary to charge a separate deposit) shall be made carriage paid to the Buyer. If the Seller can not send a warehouse order up to a value of at least EUR 200 including packaging and packaging material in one shipment, delivery of all partial shipments must be made carriage paid to Buyer.However, this does not apply to articles that are created extra or that the Seller does not keep as warehouse goods.
5.4 If the Purchaser prescribes a special transport service for carriage paid deliveries, the associated additional costs are at the expense of the Buyer.
5.5 Only if the invoice value of the goods to be delivered is valued at EUR 200 or more (excluding sales tax, freight costs etc.), the delivery will be franked, unless expressly agreed otherwise in writing.
5.6 Shipment will take place in a manner to be determined by the Seller. In the case of non-prepaid shipments, the Seller should choose the cheapest means of transport. If the Buyer prefers another method of shipment, the additional costs associated with this will be borne by the Buyer. Delay or delay of the shipment is not at the expense or risk of the Seller.
5.7 The Purchaser is obliged to purchase the agreed performance. All additional costs incurred by the Seller as a result of the Buyer’s failure to take delivery or late delivery are at his expense.
5.8 The risk of loss of or damage to the goods to be delivered shall pass to the Buyer from the moment the goods leave the warehouse, regardless of whether the transport costs are fully or partially for the account of the Seller.
6. Models / images
6.1 The models, images, numbers, sizes, weights or descriptions included in the catalogs / offer / advertisements / price lists are only shown as an indication;
6.2 If a model has been shown to the buyer, then it is presumed to have been shown as an indication only, unless it is expressly agreed that the item to be delivered will be fully in accordance therewith;
6.3 The models shown and shipped by the seller at the request of the buyer can not be returned. The Seller will charge the submitted models to the Buyer at the catalog value, unless the parties have agreed otherwise.
7. Force majeure
7.1 If the supplier from whom the Seller purchases the goods to be delivered to the Buyer, for whatever reason, other than a defect in a delivered good, does not comply fully or in part with his delivery obligations towards the Seller, or not timely, then this in respect of the Buyer in his relationship with the Seller as force majeure and the Seller in case of incorrect or timely delivery to the Buyer is not liable towards the Buyer for damage arising from this.
7.2 In the event of force majeure and other circumstances of such a nature that compliance of the Agreement can not be demanded by either party in all reasonableness and fairness, the execution of the Agreement will be suspended or, if such a suspension has lasted 6 months, the Agreement will be dissolved by each of the parties by registered letter. In that case, the obligations under the Agreement will be terminated without the parties being able to claim compensation from each other or any other performance. That which has already been paid or has already been performed pursuant to the Agreement will then be settled pro rata between the parties.
8.1 In the event of any damage to the packaging, the Buyer must report this to the Seller within 24 hours after receipt of the goods. Complaints with regard to outwardly visible defects must be submitted to the Seller in writing within 7 working days after actual delivery. Complaints regarding other defects must be made in writing as soon as possible, but no later than 4 weeks after delivery by the Seller insofar as no other term has been agreed in this respect. If these periods are exceeded, all claim rights will lapse.
8.2 Only in the event of observation and reporting within the periods specified in the first paragraph and in the manner referred to therein and provided that the advertisement demonstrably relates to a shortcoming attributable to the Seller, the Seller shall rectify the shortcoming in question by – at the option of the Seller – additional delivery, replacement, repair or reversal on crediting of the Buyer in respect of the price due by him. This does not apply to additional goods that have been created, these are not taken back.
8.3 Any right to claim lapses when the goods are fully or partially put into use. For the purposes of this provision, each partial delivery is considered as a separate delivery. The Buyer is not entitled to return goods, about which he complains, without permission from the Seller.
9. Return shipments
9.1 When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
9.2 Return shipments, which are not accepted by the Seller, do not in any way release the Buyer from payment obligations.
9.3 Return shipments, which are a result of incorrect order by the Buyer, are credited after acceptance by the Seller, withholding 30% for costs incurred with a minimum of D 50 per case. This does not apply to additional goods that have been created, these are not taken back.
9.4 Return shipments shall be for the account of the Buyer, except in the event that they occur as a result of an error by the Seller.
10.1 The Seller shall not be liable for damage that the Buyer suffers in connection with the agreement unless the Buyer demonstrates that this damage is the direct result of attributable failure or unlawful conduct on the part of the Seller. Without prejudice to the provisions in the previous provisions concerning the liability of the Seller for damage, the following provisions apply.
10.2 The Seller is only liable for damage that exists in damage to goods, other than the goods delivered, or in personal injury. The Seller’s liability shall in any case always be limited to the invoice amount excluding VAT, packaging costs, freight costs etc. of that agreement, or in the event of an agreement with agreed partial deliveries, of that part of the agreement, with which the damage event is closely connected, but never to an amount higher than EUR 5.000, –
10.3 For all other damages, direct or indirect, including the loss of information, loss of profit, business stagnation or other indirect damage, for which the Seller has not explicitly accepted the liability in these general terms and conditions, the Seller is not liable, unless there is question of intention or gross negligence of the Seller’s supervisors.
10.4 The Buyer indemnifies the Seller against all third-party claims for compensation of damage in connection with the goods delivered by the Seller or work performed by him, insofar as this damage is not due to the agreement, including these general terms and conditions, for The invoice is for the Seller and is liable for all costs arising from it.
10.5 Damage that is not discovered and reported within 1 months after delivery of the goods or completion of the relevant work, with which the damage is directly related, is not eligible for compensation.
11.1 Unless otherwise agreed in writing, payment must be made within 30 days of the delivery date stated on the invoice.
11.2 In the event of late payment, the Buyer shall owe an immediately due and payable interest equal to the statutory interest on the outstanding amount from the due date up to the day on which the amount due is paid, without a reminder or notice of default being required. All costs, including judicial and extrajudicial costs, caused by or in connection with late payment, are at the expense of the Buyer.
11.3 In the event of late payment, the Seller is entitled to suspend its obligations under the relevant Agreement or to dissolve the Agreement concluded with the Buyer in whole or in part without summons or judicial intervention and to claim full compensation from the Buyer, without prejudice other rights that the Seller has under the Agreement or the law.
11.4 If the Seller suspects prior to or during the performance of an Agreement or receives instructions that the Buyer may be creditworthy to a lesser extent, the Seller is entitled not to deliver or to continue to deliver. In addition, the Seller always reserves the right (even if the purchase has been concluded on other conditions) to send the goods COD or to demand payment in advance.
11.5 The Buyer is only entitled to set off against a counterclaim insofar as it has either been expressly acknowledged by the Seller or has been irrevocably established in court.
11.6 If the packaging is charged, it must be paid simultaneously with the payment of the principal sum as referred to in this article. Reimbursement of what has been paid for packaging pursuant to this article shall only take place in the case of carriage paid and undamaged surrender on the Seller’s premises within 3 months after the date of return. The assessment of whether the packaging has been returned undamaged is the sole responsibility of the Seller.
12.1 In the event of (a) suspension of payment, bankruptcy of the Buyer or application by the Buyer of its own bankruptcy, (b) dissolution of the company of the Buyer, (c) (decision of the Buyer until) total or partial strike or transfer of the Purchaser’s business, (d) attachment to an important part of the Purchaser’s assets, (e) after a written notice of default does not or not fully fulfill by the Purchaser of any material contractual obligation towards the Seller, ( f) more than twice not timely payment by the buyer within a period of 4 months, all amounts that the Buyer owes under the Agreement will immediately be due and payable in full.
12.2 In the aforementioned cases, the Seller is furthermore entitled to dissolve all Agreements with the Buyer with immediate effect in whole or in part by means of a written statement, if the Buyer has not provided the surety required by the Seller within 3 calendar days of a request to that effect. for all that he owes him and will still owe, without prejudice to the other rights of the Seller.
13. Payment discount
13.1 If the Seller allows the Buyer a payment discount, this will be no more than 1% and on condition that the payment is received within fourteen days of the invoice date. The discount is calculated on the final amount of the relevant invoice excluding the freight and insurance costs and turnover tax and any deposit. The period of fourteen days is not extended with sight days.
14. Retention of title
14.1 Until the full payment of the amounts owed by the Buyer to the Seller in respect of an Agreement concluded between the parties, the Seller retains ownership of all goods delivered by him, such as security for the payment of all the money due to him, nothing excepted; the Purchaser will therefore not be allowed to dispose of, loan, pledge, mortgage or otherwise encumber the goods delivered to him concerning this Agreement, as long as no payment in full is due to the Seller, nor hiring, lending or by any means or by any means whatsoever. title from his business, unless he carries on as a reseller a company, where the selling is the purpose, in which case he is entitled to such selling, if and insofar as the Buyer stipulates cash payment, sound security or a retention of title towards its customers. This right to sell, however, lapses if the Seller denies the Buyer that right after the expiry of a payment term, or if the Buyer has been declared bankrupt or has applied for suspension of payment.
14.2 In the event of any untimely payment, the Seller is entitled to take back the goods belonging to him in ownership, to which the Buyer will provide all required cooperation. In the event of overdue payment, the Buyer shall furthermore be obliged to provide the Seller with other, if applicable, additional security on his first request.
14.3 The Seller, in respect of whom the Buyer has failed in its performance, has the right to regard this shortcoming in the performance as committed in relation to all Agreements with the Seller. In the event of a shortcoming in the performance, the Seller has the right to dissolve all or part of these Agreements, without prejudice to other rights that the Seller has under the Agreement or the law.
15. Applicable law and disputes
15.1 Irish law shall apply to the Agreement, these general terms and conditions and all other legal relationships between the parties in any way whatsoever.
15.2 Any disputes that may arise in connection with an Agreement to which the present terms and conditions apply in full or in part, or in connection with further agreements, which are the result of such Agreement, shall be settled exclusively by the competent court of the place of establishment of the Seller, unless Buyer and Seller agree to submit the dispute to arbitration.
16. Final provision
16.1 These general terms and conditions are intended to reasonably regulate the legal relationship between the Seller and the Buyer. If and insofar as a provision of these general terms and conditions is deemed to be invalid or unenforceable in the opinion of any competent authority, the other provisions of these general terms and conditions will remain in full force. The parties will reasonably negotiate and try to reach agreement on an enforceable alternative provision that is intended to approximate as far as possible the provision that is considered invalid or unenforceable in order to replace the relevant provision.