Terms of Service
1. General
a) For our services and deliveries, the following terms and conditions apply exclusively. Conflicting or deviating from our terms and conditions of the customer, we do not accept, unless we have expressly agreed in writing their validity.
b) As an orderer within the meaning of these Terms and Conditions, only entrepreneurs are valid. As far as entrepreneurs are concerned, entrepreneurs are any natural or legal persons or partnerships with legal capacity who act in the execution of a legal transaction in the exercise of their commercial or independent professional activity (§ 14 BGB).
c) All agreements made between us and the customer for the purpose of executing this contract are laid down in writing in this contract
d) Our terms and conditions apply only to entrepreneurs in the sense of § 310 Abs. BGB.
2. Order confirmation and resignation
a) We require the complete technical and commercial clarification of incoming orders. The complete details of the customer with the first name, surname, company headquarters and address as well as the UStNr. are mandatory.
b) Until the written order confirmation all offers are non-binding. Upon receipt and acceptance of an order, the fastest possible delivery is initiated.
c) Consumers within the meaning of § 14 BGB is not entitled to a right of withdrawal.
d) The catalogs, illustrations, price lists, etc. relating to our goods and services Ä. and the data contained therein are non-binding, unless they are expressly designated by us as binding.
e) If the purchaser of pre-order / reservation back, without causing us fault, or the purchaser otherwise as the contract, we are entitled to demand 100% of the contract value as compensation for lost profits and costs incurred, it was because, the customer proves that no or a much lower damage has occurred. Our right to calculate the damage actually incurred remains unaffected.
3. Prices and order
a) Orders are placed online via the portal www.deluxebymjs.com .
Access is only open for commercial (s.Pkt1b) and registered customers - login & password are required.
b) The prices are for uninterrupted processing and closed delivery of the entire order. Ordering of orders initiated by the customer causes additional costs, which will be charged to the orderer.
c) The shipping costs for non-FRD customers are calculated as a flat rate. For shipping on pallets, the current daily price of the respective carrier applies will be charged.
d) VAT is not included in our prices; it will be shown separately in the bill at the statutory rate on the date of invoicing.
e) If a foreign purchaser in the area of the European internal market does not meet his obligations to pay sales tax, our prices will increase by the applicable VAT in the Federal Republic of Germany (VAT).
4. Payment
a) Our invoices are payable exclusively against payment in advance. The self-collectors pay for the goods either in cash on pickup 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 credited to any costs and interest incurred and, moreover, to the oldest outstanding claims.
e) To accept payments, only persons with our written collection authorization are entitled to use our receipt forms.
f) If the customer is in default of payment, we are entitled to demand default interest in the amount of 9% pa above the respective base interest rate of the Deutsche Bundesbank pa. If we are able to prove a higher damage caused by default, we are entitled to assert this.
g) In the event of late payment by the customer, all our claims arising from all legal transactions are due immediately. This also applies if the customer is in default only with the payment of partial claims.
h) The open grants will become due immediately after the expiration of prescribed periods / third reminder stage /
District Court Coburg -Mahngericht- 96441 Coburg
forwarded
or
a European order for payment / mashing process
will be issued
i) The customer is not entitled to set-off, even if his counterclaims have been established and acknowledged by us. He is also not entitled to refuse performance or to exercise a right of retention.
5. Packaging / delivery / transfer of risk
a) The packaging is made according to professional and commercial criteria. Transport and all other packaging in accordance with the packaging regulations will not be taken back by us.
b) If the customer expressly requests a special shipping method, we charge the additional costs incurred.
c) If there are transport damages or transport losses, the customer has to record a protocol together with the postman / courier. If the damage is substantial, the customer has to inform us immediately.
6. Delivery times
a) Delivery times, delivery dates and other dates are given by us to the best of our knowledge. Force majeure, strikes, breakdowns and similar non-faulty inability on our part or non-timely self-delivery extend the delivery times by the duration of the disability.
b) The delivery period begins only after receipt of the money on our account.
c) We are liable according to the legal provisions, as far as the underlying sales contract is a fixed transaction within the meaning of § 286 Abs. 2 Nr. 4 BGB or § 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the purchaser is entitled to assert that his interest in the further performance of the contract has ceased.
d) We shall also be liable in accordance with the statutory provisions if the delay in delivery is based on 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 shall be limited to the foreseeable, typically occurring damage.
h) We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; "Material" is an obligation the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely. In the case of such breaches of duty, our liability for damages is limited to foreseeable, typically occurring damage.
7. Retention of title
a) All delivered items remain our property until complete payment of all claims arising from the business relationship with the customer; this also includes conditional claims.
b) In case of breach of contract by the customer, in particular in case of default, we are entitled to take back the goods. The return of the purchased item by us is not a withdrawal from the contract, unless we have expressly stated in writing. In the garnishment of the purchased item by us is always a withdrawal from the contract. After the return of the object of sale, we are entitled to their utilization, the proceeds of sale shall be credited against the liabilities of the purchaser - less reasonable utilization costs.
c) The customer is authorized to resell our reserved goods in the normal course of business; however, it hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against its customers or third parties, namely
regardless of whether our reserved goods have been resold without or after processing. In the event that the claims of the purchaser from the resale are included in a current account, the purchaser hereby assigns his claims from the current account towards his customer to us. The assignment is made in the amount we have calculated for the resold reserved goods.
d) For the collection of the assigned claims the orderer remains authorized even after the assignment until further notice; Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the assigned claims as far as the customer meets his payment obligations, does not default in payment and, in particular, no application for the opening of insolvency proceedings has been filed or payment has ceased. But if this is the case, then we have the
Orderer to name the third party debtors for the purpose of confiscation, to notify them of the assignment, to provide us with all further information, to submit and transmit documents and to transfer bills of exchange. Moreover, the purchaser is obliged to grant us access to the reserved goods still in his possession, to send us a detailed list of the goods, to sort out the goods and to hand them over to us.
e) The purchaser is not entitled to dispose otherwise of the reserved goods. He may therefore neither pledge, encumber nor assign as security.
f) The purchaser always carries out any processing or remodeling of the reserved goods for us. In the case of processing, combining or mixing the goods subject to retention of title with other goods that are not our property, the resulting co-ownership share in the new item shall be in proportion to the amount of the product
Value of the goods subject to retention of title (final invoice amount, including VAT) to the other processed, bonded or mixed items at the time of processing, combining or mixing. Incidentally, the same applies to the thing resulting from processing, combination or mixing as for the purchased object delivered under reserve. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the purchaser assigns co-ownership pro rata to us. The customer keeps the resulting sole ownership or co-ownership for us.
g) Insofar as our reserved goods become an integral part of a property as a result of the connection, the purchaser assigns to us as security the claims arising from the combination of the reserved goods with a property against a third party.
h) We undertake to release the securities to which we are entitled in accordance with the above provisions at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.
i) The purchaser must 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 to assist us in any way during the intervention. The costs for this are borne by the customer. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs, the customer is liable for the loss incurred by us.
8. Warranty and scope of liability
a) Warranty rights of the purchaser are a prerequisite that the purchaser his gem. §§ 377, 378 HGB has been duly fulfilled.
b) If there is a defect for which we are responsible, we shall be entitled to supplementary performance in the form of removal of the defect or delivery of a new defect-free product.
c) If the supplementary performance fails, the purchaser is entitled, at his discretion, to demand rescission or reduction.
d) We are liable in accordance with the statutory provisions, as far as the purchaser asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are charged with intentional breach of contract, our liability for damages is limited to foreseeable, typically occurring damage.
e) We are also liable according to the legal provisions, if we culpably violate a material contractual obligation; "Material" is an obligation the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely. In the case of such breaches of duty, our liability for damages is limited to foreseeable, typically occurring damage.
f) liability for culpable injury to life, limb or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act.
g) The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
h) The limitation period in case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years from the delivery of the defective item.
i) In the case of complaints that are not covered by our warranty obligation, costs incurred by us shall be borne by the customer.
j) The orderer is forbidden to cede claims against us to third parties.
k) The transport damages are recognized within 7 days after receipt of delivery. The complaint requires a written form and photos of the damaged items.
9. Logo / Resale
a) We are entitled to affix our company logo to all our products.
b) Any processing and / or alteration of our articles not agreed with us and / or any special stamping not permissible which is deemed to be the customer's mark of origin or which give the impression that these articles represent its special products shall be inadmissible.
c) The purchaser is obliged to refrain from any distribution of the goods bearing our trademark, which may be regarded as unfair within the framework of applicable laws and regulations.
10. Place of Performance - Jurisdiction - Other
a) German law applies exclusively, also for transactions with foreign contact; the validity of the UN sales law is excluded.
b) If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the court having jurisdiction over our registered office; However, we are entitled to sue the customer at his place of residence.
c) Unless otherwise stated in the order confirmation, our place of business is the place of fulfillment.
d) Should individual clauses of these conditions be ineffective, the validity of the remaining clauses will remain unaffected.
As of September 2018
