Terms and Conditions

1.  Offer and conclusion of contract

We work exclusively on the basis of the following terms and conditions of delivery, performance, and payment. Deviating agreements, in particular conflicting terms and conditions of our customers, shall only apply if we expressly acknowledge them in writing. Any deviating terms and conditions of our customers are hereby rejected. Upon acceptance of the delivery, our customers acknowledge our terms of delivery, performance, and payment as solely binding. Offers are subject to change without notice unless they are limited in time. Orders require written confirmation to be legally valid, the content of which is decisive for the contractual relationship. Telephone and verbal agreements only become legally valid upon our written confirmation

2.Prices

Our prices are quoted in euros and are subject to change without notice ex works. We reserve the right to charge the daily prices at the time of delivery in the event of an increase in production costs. For small orders, a minimum price will be charged depending on the dimensions or quantity.

3. Risk

All shipments are at the risk and expense of the buyer. In all cases, the risk is transferred to the buyer upon dispatch of the goods.

4. Delivery

Our delivery times are given to the best of our knowledge, but are not binding. If an agreed delivery date is exceeded by more than two weeks, the buyer is entitled to set us a reasonable grace period for delivery. If the delivery obligation is not fulfilled by the end of the grace period, the buyer has the right to withdraw from the contract. The withdrawal must be declared in writing immediately after expiry of the grace period. There is no right of withdrawal if we are unable to meet the delivery deadline through no fault of our own. In this case, we are entitled to postpone delivery for the duration of the hindrance. Claims for damages due to delayed delivery or non-delivery are excluded in all cases. Partial deliveries are permissible and shall be deemed independent transactions.

 

5. Default by the buyer

If the buyer does not accept the goods, we shall be entitled, after setting a grace period of two weeks, to withdraw from the contract or to claim damages for non-performance. In the latter case, we shall be entitled to demand either 10% of the order value without proof of damage or compensation for the actual damage incurred.

 

6. Deviations

Sample items are handmade. We therefore reserve the right to make minor deviations and production-related changes upon delivery. We reserve the right to make customary deviations in quality, thickness, and color, as well as to make deliveries that are up to 10% more or less than the quantity ordered. Complaints made on these grounds cannot be accepted by us.

7. Recommendations

Information, recommendations, and instructions for use do not release the buyer from their own suitability testing. They do not constitute guaranteed properties within the meaning of the law, even if they are based on our test results, so that claims for damages cannot be justified on this basis.

8. Tools

Tools manufactured on the basis of our experience and drawings remain our property even if costs are charged.

9.payments

Our invoices are issued when the goods are ready for shipment. They are payable without deduction upon receipt insofar as they relate to services. Pure deliveries of goods are payable in cash within 14 days with a 2% discount, or within 30 days net. The above cash account is only granted on condition that all payment obligations from previous deliveries have been fulfilled in full. If the payment deadline is exceeded, we reserve the right to charge interest on arrears at a rate of at least 2% p.a. above the respective Bundesbank Lombard rate. In the event of cancellations of orders already confirmed by us, we are entitled to charge the customer 20% of the order value.

10. right of retention

We have a right of retention on the goods or materials of our customers that are in our possession for all due and undue claims against our customers, regardless of the legal basis. This right of retention also has the effect of a commercial right of retention against non-merchants; § 369 (3) of the German Commercial Code (HGB) does not apply. The customer is not entitled to assert a right of retention or to declare a set-off against our due payment claims.

 

11. Retention of title

We retain title to the delivered goods until all claims to which we are entitled from business relations with the customer, including all ancillary claims, have been settled in full, regardless of the legal basis. Checks and bills of exchange are only considered paid when they have been cashed. The customer is entitled to process the delivered goods within the scope of its normal business operations. Insofar as the processing results in the loss of ownership of the goods, the buyer hereby transfers to us, as security for the claims under paragraph 1, ownership of the item created by the processing. The buyer is obliged to store the item created by the processing for us free of charge. The customer is entitled to resell the delivered goods or the item resulting from processing at any time within the scope of its ordinary business operations. He hereby assigns to us all claims to which he is entitled from the resale and the business relationship with his customers in connection with the resale, including all ancillary rights. The assigned claims serve to secure all claims in accordance with paragraph 1. The customer is entitled and obliged to collect the claims assigned to us as long as we do not revoke this authorization. The authorization to collect shall also expire without express revocation if the customer suspends its payments. Upon request, the purchaser shall immediately inform us in writing to whom it has sold the goods and which claims it is entitled to from the sale. The buyer is not authorized to dispose of the goods subject to retention of title or the claims assigned to us in any other way. He must notify us immediately of any impairment of the rights to the goods subject to retention of title. We undertake to transfer to the customer, at the customer's request, the ownership of the goods and the claims assigned to us insofar as their value exceeds the value of the claim to which we are entitled in total by 25%.

 

12. Insurance

All goods provided to us by the customer and those completed by us as a service provider for the customer and still in our possession must be insured by the customer against fire and burglary. We shall not be liable in any case for damage caused by fire or burglary, even if we are at fault.

13. Warranty

We shall be liable for recognizable and hidden defects or for the absence of warranted characteristics within six months of the date of delivery exclusively in such a way that we shall, at our discretion, either repair the goods free of charge, deliver replacement goods free of defects, or issue a credit note. Other claims by the purchaser for defects or the absence of warranted characteristics, in particular claims for damages for direct and indirect losses, are excluded. If we refuse to provide the warranty in accordance with paragraph 1, or if we do not provide it properly, or if we are in default despite setting a reasonable grace period, the customer may only withdraw from the contract; claims for damages, regardless of their legal basis, including claims for compensation for indirect damage, are excluded. The same shall apply if the performance of the warranty in accordance with paragraph 1 proves impossible. Complaints must be made in writing immediately, at the latest within 14 days of receipt of the goods, and in the case of hidden defects, at the latest after discovery. If these deadlines are not met, warranty claims can no longer be asserted. We are not obliged to provide warranty in accordance with paragraph 1 as long as the customer does not fulfill their contractual obligations, in particular does not make due payments. The warranty obligation expires if the delivered goods are altered, improperly handled or processed. We are not liable for third-party products. However, we assign our warranty claims against the supplier of the third-party product to our customers. No warranty is provided for used goods.

 

14. Obligation to perform in advance

If, after conclusion of the contract, justified doubts arise as to the buyer's solvency or creditworthiness, we shall be entitled, at our discretion, to demand immediate payment or security before delivery or surrender of goods already delivered, or to withdraw from the contract and demand compensation from the buyer for our expenses. Claims for damages by the buyer are excluded, regardless of the legal basis on which they are based.

 

15. Returns

Returns require our prior written consent in each individual case.

16. Changes to the contract

Any amendment to our terms of delivery, performance, and payment requires our written confirmation to be valid. If these terms and conditions are partially amended by written agreement, the remaining terms and conditions shall remain valid.

17. Partial invalidity

If individual provisions of these terms and conditions or of the contractual relationship are or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to agree on a new provision that comes as close as possible to the purpose of the invalid provision.

18. Place of performance and jurisdiction

The place of performance is Cologne. The place of jurisdiction for all disputes arising in connection with the contractual relationship is exclusively Cologne, including for bills of exchange and checks.

 

19. Return of packaging

According to § 15 VerpackG, we are obliged to take back the packaging (e.g., cardboard boxes, wrapping film, pallets) of our goods.
The return of packaging requires prior agreement.