Our general terms and conditions of delivery and sale
Florett GmbH Weinbergstraße 15 D 93413 Cham
1. All deliveries, services and offers are solely effected on basis of our general terms and conditions of business. They are part of any contract concluded concerning services or deliveries by the seller, Florett GmbH, and its contracting party. They are also valid for future deliveries, services or offers to the buyer.
Conditions set by the buyer, standing in the way of our terms of sale or deviating from them are not being accepted by us, unless we agreed to do so in written form. Our terms of sale are also valid if we know about those deviating or standing in the way of our terms of sale even when executing the delivery unconditionally to the customer.
2. Any offer seen in the sellers catalogues and sales papers, as well as in the internet is an offer without engagement, meaning they are merely an invitation to place an offer, unless they are not indicated as solicited. Orders are accepted when they are being executed by the seller within 14 days time or immediately after receiving the order. The delivery note respectively the invoice is regarded to be the confirmation of order.
3. If nothing else comes with the confirmation of order our prices are to be understood Ex Works including packaging. Orders exceeding 250,00€ net on delivery date are being delivered franco domicile or respectively franco German border. Items being sold in clearance sales, special items or bargain sales are strictly sold Ex Works.
Additional expenses resulting from shipping instructions stipulated by the buyer are on his charge.
Statutory value added tax (VAT) is not included in all our prices. VAT will be shown
separately on the invoice on the date of billing. Shipments to the European Union are ensued without VAT, if the customers valid value added tax identification number is present to us. Swiss customers are going to be invoiced with the Swiss VAT. Invoices are issued on the date of shipment or on the date of acceptance of the goods. Respectively, invoices will be set a payment date. Incompatible disbursements by the customer are undue.
4. As far as there no other agreements on payment our terms of payment are: Payment within 10 day with 3 % early payment discount; 30 days net.
If the buyer delays in payment we are entitled to claim a default interest of 8 % p.a. above the respective base rate of the ECB. If we are able to prove higher damage caused by delay of payment we are allowed to claim damages. The customer, however, is entitled to prove that as a result of delay in payment we did not incur or only slight damages. Offset rights can only be granted to the buyer if his counterclaims have been stated legally binding, undisputed or recognized by our company. Furthermore, the customer may only exercise his right of retention in so far, if the counterclaim arises from the same contractual relationship.
5. The period of delivery determined by us shall only commence after resolving all technical issues. If shipping has been agreed, delivery deadlines and the term referring to the moment of handover to the forwarding agent/haulier, parcel service or to any third party commissioned with the shipment. The fulfilment of our delivery obligation is subject to prompt and orderly fulfilment on the buyers side. The objection of a non-fulfilled contract remains reserved. The seller is not liable for impossibility of delivery or delays in delivery in so far that these have been caused by force majeure or other at the time unforeseeable circumstances at the contract conclusion (e.g. breakdowns in business or difficulties with supply of materials or energy, delays in transportation, strikes, legitimate lock-outs, deficiencies in employees, energy or raw materials, difficulties in obtaining official
authorisations or unfulfilled, incorrect or untimely delivery by suppliers.) which have been not in the sellers responsibility.
Forcer majeure and unforeseen events entitles both, buyer and seller, to prolong the date of delivery and acceptance for the duration of hindrance, but for four weeks at the utmost, to the exclusion of claim for damages. After expiration of this time both, seller and buyer, are entitled to withdraw from the contract. Instead of an automatic additional delivery period of 28 days the buyer can – in case of a delay caused by the seller – set a deadline of 15 days with declaring, that after expiration of this period of time the contract performance is being rejected. The period shall commence from the day of the dispatch date.
6. Transport packaging and other packaging in accordance to the Packaging Ordinance will not be taken back; except for euro-pallets. In Germany Florett GmbH has a disposal agreement with Belland Vision, in other with local disposal contractors. Packaging can be disposed expense-less with these associates.
7. The purchasers warranty rights require that the latter properly fulfilled his duty to examine the goods and make complaint in accordance with § 377 HGB (Federal Commercial Code). Complaints and returns are to be sent paid already. Florett does not accept unstamped transmittals and does not refund the customers additional expense in case of nonaccepting unstamped returns. In case complaints are accepted as eligible we refund postal charges. If we are responsible for a defect of a product., we are entitled to in our choice of either a
curing of the defect or a substitute delivery. In case of curing a defect we are obliged to bear the costs resulting in the process, particularly, transport routes, labour and material, as long as these are not increased by the fact the the product is brought to a different location than the place of fulfilment. Should the curing of the defect/ substitute delivery fail, the buyer is entitled to demand either to withdraw from the contract (withdrawal) or to a corresponding reduction (mitigation) of the purchase price. We will be liable in accordance
with statutory provisions in so far as the buyer asserts his right of claiming damages, that result form us or representatives or vicarious agents to intent or gross negligence. To the extent that we are accused of no-intentional breach of contract, liability is limited to foreseeable losses that typically occur. Any further liability for damages on our part shall be excluded. This limitation does not apply to injury to life, limb and health. In particular we are not liable for damages not arising on the delivered item itself.
8. Any liability goin beyond the liability for damages shall be excluded irrespective of the legal nature of the asserted claim. This applies particularly to claims for damages for liabilities resulting from contract closure, positive breach of the contract or due to tortious claims according to § 823 BGB (German Civil Code) to the extent that this is not based on intent or gross negligence. Mandatory regulations of the product liability law remain unaffected. As far as liability for damages on our part is excluded or restricted, this shall also apply in regard to personal liability of our employees, colleagues, representatives and vicarious
agents. These restrictions do not apply for the sellers liability due to malicious conduct, guaranteed characteristics, or injury of life, limb or health.
9. Returns for reasons Florett GmbH is not liable for we charge a contribution of costs/ compensation for expenses per pair for processing costs like checking, new packing etc. This particularly applies for consignment exchange or approval service.
10. We reserve the right of property of the items delivered until all payments due resulting from the delivery contract have been received.
The buyer shall be obliged to handle the goods sold with care.
He agrees in particular to insure them adequately at his own cost at the original value against damage by fire, water and theft. In case of seizures or other interventions by third parties, the buyer has to inform us immediately, in order to enable us to take legal actions according to § 771 ZPO (Code of Civil Procedure).
Should the third party be unable to cover common judical and extrajudical costs as set out in § 771 ZPO and to reimburse us, the buyer is liable for the loss we incur. The buyer is entitled to resell the item in the course of regular business.
However, the buyer shall hereby assign to us all claims to the amount of the invoice sum total incl. VAT, accruing to him from the resale against his customers or third parties.
11. Place of fulfilment for any delivery resulting form the delivery contract is Germany 93413 Cham. Place of jurisdiction shall be our place of business/registered office. However, we are entitled to sue the customer at the court of his residence. Relationship between the contracting parties is solely based on the laws of the Federal Republic of Germany.
12. The conditions mentioned above are binding to any order place, even when not explicitly mentioned in order acceptance.