General Sales Conditions (16 December 2017)
‘EKS Etiketten’ hereinafter known as “the vendor”
the client hereinafter known as “the purchaser”
- The current General Sales Conditions will always apply to all reciprocal claims resulting from or in relation to a contract concluded between the purchaser and the vendor and in the version valid at the time of the conclusion of the contract.
- In the event of conflict, the following hierarchy will be applied:
- a) the current General Sales Conditions;
- b) statutory regulations.
In the event of conflict, any arrangements, agreements or similar are ranked after the current General Sales Conditions.
This hierarchy will apply in the same way to any potential sales and delivery conditions of the purchaser.
- Conclusion of the contract / right of cancellation
- The display of merchandise on line by the seller constitutes an invitation to treat and enables the purchaser to order merchandise from the vendor.
- By clicking on the “ORDER” button, the purchaser makes a firm offer to conclude a sales contract for the items in the basket. Once the order has been received, the purchaser receives a confirmation of order showing all the merchandise ordered from the vendor.
- The contract of sale for the merchandise shown in the confirmation of order does not become firm until the confirmation of order has been issued.
- The purchaser who, as a private individual, buys products which cannot be ascribed to his/her commercial or independent professional activity retains the legal right to cancel the conclusion of the contract.
- There is no right of cancellation in the case of contracts for the delivery of merchandise that has been produced according to the client’s specification or that is clearly adapted to the client’s personal needs.
III. Subject to availability
If, after conclusion of the contract, it appears that the merchandise or service ordered is not immediately available, the vendor reserves the right to offer the purchaser merchandise of the same quality and price or rescind the contract. The vendor will advise the purchaser immediately of the unavailability of the merchandise and in the event of withdrawal from the contract will reimburse without delay any monies received from the purchaser.
- Delivery / damages in transit / defects in materials / mistakes in delivery
- Partial deliveries are acceptable provided that the purchaser has given his prior agreement.
- Statutory regulations apply to damages to or loss of merchandise in transit.
- The vendor will insure the delivery against the usual transport risks if the purchaser so requests and pays the appropriate premium.
- In the event of merchandise that shows evidence of damage to the packaging or contents being delivered by the transport company, the purchaser must make an immediate claim to the transport company, refuse to accept the delivery or record the state of affairs. If the purchaser does not become aware of damage to the merchandise until s/he has opened it, even if the external packaging is not damaged, s/he must also make an immediate claim to the transport company and record the state of affairs.
Furthermore, the purchaser must contact the vendor without delay and explain the situation. A reduction in the time limit and of potential warranty obligations on behalf of the purchaser cannot be linked to the present contractual term.
- The purchaser must, within one week of reception of the merchandise, make known in writing to the vendor any complaints as to the volume delivered, defects in the materials, mistakes as to delivery and differences in quantity. The vendor will complete the delivery when a complaint is justified and exchange the remaining merchandise without prejudice to the choice of the vendor to take back or grant a reduction in price to the purchaser.
- Pricing / payment terms
- All prices shown in the vendor’s on-line boutique are firm prices in Euros net of the current rate of VAT, errors and omissions excepted in the product descriptions and price indications.
- The prices shown do not include packaging, post and/or transport costs. Packaging will be invoiced at cost price.
- Payment terms are shown on the invoice. Unless otherwise shown, a discount of 2% will be offered for all payments made within seven days. Payments made within twenty days are not discountable. For payments made after twenty days after the invoice date, the vendor will charge default interest of 3% above the discount rate of the German central bank, “Deutsche Bundesbank”. Compensation is only admissible with non-litigious debts or those having the status of a court judgement.
- As a rule with new clients, the vendor will only make deliveries after an advance payment or full payment on delivery.
- Delivery against invoice will only be made at the client’s express wish after the satisfactory completion of two previous orders. Cash on delivery is also acceptable.
- If, in the case of a special production, the purchase has agreed to meet a proportion of the tooling costs, the order will only be processed once the vendor has received the payment for the sum required by the vendor.
- Retention of title
- Until full payment is received, the ownership of the article purchased remains with the vendor and the purchaser may not dispose of the merchandise. Retention of title is lifted once full payment for the merchandise has been received. The purchaser must advise third parties who seek to enforce their rights, for example in the event of seizure of goods, that the merchandise is the property of the vendor and s/he must inform the vendor without delay.
If rights in respect of third parties as to the merchandise under retention of title remain with the purchaser as a result of a resale or for any other reason, the purchaser will transfer them to the vendor as security. The vendor revocably empowers the purchaser to cash any credits thereby acquired, in his name and for his account. The purchaser may require the lifting of the charge or the retrocession of the debt, in respect of third parties, insofar as the value of the security exceeds by 20% the debt to the vendor resulting from the order having been passed.
- Insofar as the vendor replaces merchandise in the event of a warranty claim, it is hereby agreed that at the conclusion of the contract, title as to the merchandise to exchange passes reciprocally form the purchaser to the vendor and vice versa at the moment when either the vendor receives the returned merchandise from the purchaser or the purchaser receives the replacement delivery from the vendor.
- The purchaser is required to provide the vendor with all necessary information in the event of an action for any rights resulting from the agreed retention of title.
VII. Warranty coverage
- The vendor hereby warrants that the merchandise is free of material defects at the moment of delivery and is in an appropriate condition for merchandise of this type. Claims by the purchaser against the vendor, in respect of defects with the merchandise, are to be made according to legal conditions within the legal time limits imposed insofar as there is no divergence provided for in the terms hereinafter.
- The purchaser is required to check the merchandise immediately upon receipt to ensure that it is complete and without potential defects. In the event of evident defects, the purchaser must advise the vendor appropriately upon receipt of the said merchandise.
In the event of defects that are not evident (hidden), the purchaser must make a claim within the legal time constraints of the warranty. Sending a notification of defects is sufficient to respect the constraint. Potential warranty claims against the vendor are excluded and cease to be available if the purchaser does not declare evident or hidden defects within the time constraints.
- The warranty period is determined by legal provisions.
- In the event of the merchandise being delivered with defects, the vendor will ensure that, within an appropriate time, the order is properly processed by means of either removal of the defects or by an exchange delivery. The purchaser’s claims are limited initially to a right of retrospective satisfaction.
However, in the event of a failure by the vendor to provide such satisfaction, the purchaser has the express right to choose either to reduce the purchase price or to withdraw from the contract. Repairs or exchange deliveries will be deemed to have failed if the third attempt is not successful.
Complementary warranty terms by the manufacturer are applied to all merchandise independently insofar as the manufacturer has provided them.
The vendor cannot provide a warranty for essential attributes of products bought for purposes required by the purchaser. Therefore, it is essential that, before use, the essential attributes of the products as to the special case of application is tested by the purchaser.
VIII. Limitation of responsibility
- The vendor and/or his employees accept responsibility – in the event of intentional harm to life, health or physical integrity relating to intention or negligence – in the case of indemnification resulting from the injury, intentional or otherwise by the vendor and/or his employees as to the essential contractual obligations as well as in the case of indemnification of the purchaser in accordance with §437.3 of the BGB (German Civil Code). The vendor’s responsibility is however limited to typical foreseeable loss to the contract in the event of an essential element of the contract being breached by simple negligence.
- The vendor will only accept responsibility for other damages shown in VIII.1 insofar as these are based on an intentional action or by serious negligence on the part of the vendor and/or his employees. Responsibility for indemnification beyond this is excluded.
- The extent of potential responsibility involving the vendor remains unchanged according to the law of product responsibility.
- The terms shown above (VIII.1-3) reflect the entire responsibility of the vendor and/or his employees and associates. Any further responsibility is excluded.
- Choice of law
- German law applies to the contract and excludes purchase options of the United Nations Organisation.
- The limitations of point VIII of the present General Sales Conditions do not affect the obligatory legal terms of the state in which the purchaser is domiciled when the purchaser has concluded a sales contract which cannot be linked to the commercial or professional activity of the purchaser (consumer contract) and when the purchaser has undertaken the legal actions necessary for the conclusion of the contract of sale in the state in which s/he is habitually domiciled.
- In the event of litigation, the German version of the present General Sales Conditions applies.
- It is not possible to produce invoices net of VAT for deliveries in other countries of the EU unless a valid intereuropean VAT number is provided.
- In the event of one or more clauses of the present General Sales Conditions being invalid, the whole of the contract will not become invalid as a result. Noneffective terms will be replaced by the inherent legal term.
- The purchaser has no right to compensation unless the debt has been legally satisfied in a non-litigious manner and having the status of a court judgement.
- The purchaser has no right to retain unless the right to retain is shown in the privity of contract. If not, no right to retain for the client exists.
- Neuenkirchen is the place of fulfilment for payments and the unique competent judicial authority insofar as the purchaser is a commercial entity as define in the Commercial Code or a public law body. Neuenkirchen is also the sole competent jurisdiction if the purchaser has transferred his/her domicile or habitual residence abroad after conclusion of the contract or if his/her domicile or habitual residence s unknown at the time of commencing legal action.
- All modifications (including technical) to the contract must be made in writing.
- Data protection
The vendor records the data at the conclusion of the contract in order to fulfil contractual duties such as consistent faultless processing. Data processing is undertaken according to the requirements of German law on the protection of data as well as on the law relating to telephonic data.
The vendor will not use nor transmit the data of the purchaser beyond the limits above.
XII. Purpose of the contract
The present General Sales Conditions form an integral part of the contract in the event of the contract being completed. By placing the order, the purchaser expressly accepts them.