The entire business relationship with our customers shall be governed exclusively by the following Standard Terms and Conditions of Business (AGB). Modifications of these Standard Terms and Conditions of Business, verbal undertakings or supplements to this contract shall require written confirmation from Der neue Weg - Promotion and Production in order to be valid.
Consumers for the purpose of the Standard Terms and Conditions of Business are natural persons with whom Der neue Weg - Promotion and Production entered into business relationships without a commercial or independent professional activity being attributable to them.
Entrepreneurs for the purposes of the Standard Terms and Conditions of Business are natural persons or legal entities or partnerships with legal capacity with whom a business relationship has been initiated and who act in order to carry out a commercial or independent occupational function.
Costumers defined by this Standard Terms and Conditions of Business are consumers as well as entrepreneurs.
Der neue Weg - Promotion and Production reserves the right to change or add information to these Standard Terms and Conditions of Business. These General Standard Terms and Conditions shall apply to all present and future business relations, even if they have not been referred to specifically. Orders that have been placed before changes/ modifications of the Standard Terms and Conditions of Business will be processed under the then prevailing Standard Terms and Conditions of Business.
§2 Object of a contract
Object of the contract is the sale of merchandise/ goods. Details, especially the main features of the merchandise/ goods are provided in the article description and in additional information on the website: http://derneueweg-label.com/
§3 Conclusion of the contract
The customer`s order constitutes a binding offer to Der neue Weg - Promotion and Production. This offer is regardless of the chosen medium used to place them, i.e. in writing, verbally, by telephone or by data transfer. Der neue Weg - Promotion and Production is entitled to accept this offer within seven workdays through the sending of an order confirmation or the ordered goods to the customer within this period. Orders are confirmed through transmission of an e-mail. After the fruitless expiration of this period the offer may be considered as refused. When goods are ordered electronically, we will acknowledge receipt of the order immediately. This confirmation of receipt does not represent a binding acceptance of the order. In the case of orders placed electronically, the text of the contract (Order, AGB) is stored and is accessible for the customer. We will conclude the contract in the language in which you have logged in (german or english). This also applies for the further processing of the contract.
§4 Prices, shipping charges
(1) The prices and shipping costs listed in our offers are final prices. These include all price components and all taxes.
For items sent to a non-EU country, import fees and taxes may be levied at arrival in the country of destination. Customs charges always have to be borne by the recipient. The customer is advised to contact the local customs authorities for further information.
(2) The costs of delivery charges are not contained in the purchase price. These are available at the page "delivery and shipping charges"
. The shipping charges will be shown separately during the order process. The customer has to bear the costs as long as the shipping isn`t free.
(3) The customers receives an invoice with the accounted value-added tax.
§5 Delivery and costs
(1) Delivery takes place ca. 3 workdays after payment receipt.
(2) The delivery of merchandise/ goods is subject to availability.
(3) The Risk shall pass to the customer as soon as the goods leave the place of dispatch or as soon as the seller has handed over the goods to the forwarding company. This also applies to partial deliveries. In so far as no agreement to the contrary exists in writing, delivery is agreed to be ex works.
The delivery is sent to the delivery address indicated by the customer.
(4) In the event of force majeure or any internal or external disruptions of any kind (strike, shortage of raw materials, transportation disruptions etc.), the seller may delay, modify or revoke its delivery duties for the duration of such circumstances or disruption.
(5) The seller reserves the right of partial deliveries, as far as they are reasonable.
(6) Shipments abroad shall always take place at the cost of the customer.
(7) In the case of an order value of more than 100 €, domestic delivery takes place post- and carriage paid. The customer has to bear additional charges of cash remittance by registered mail.
§6 Conditions of payment
(1) We deliver principally against prepayment, Paypal-payment and cash remittance by registered mail.
(2) In the absence of any other agreement, invoices are due to be paid within 14 calendar days from the invoice date without deductions.
(3) Payment shall be deemed as effected with its irrevocable credit to our account. In the case of cash remittance the receipt of the registered mail is considered as a valid receipt of payment.
(4) Der neue Weg - Promotion and Production is not liable for any loss of cash remittance of any kind.
(5) If the customer defaults in payment, Der neue Weg - Promotion and Production is entitled to charge default charges amounting to 5% above the relevant base interest rate or the statutory default charges at the time of the order. If Der neue Weg - Promotion and Production is able to prove a higher damage caused by delay, Der neue Weg - Promotion and Production is entitled to claim this. Offset rights are due to the customer if his counterclaim is valid, undoubted or accepted by us in written form.
§7 Right of withdrawal
See "Right of withdrawal"
(1) In general, only the attributes contained in the product description shall be accepted as the qualities of the goods. Public statements or advertising shall not contain any binding description of the agreed qualities of the goods.
(2) If there is a defect in the goods, we shall be obligated to do supplementary performance (§ 439 BGB) in the form of removal of the defect or delivery of a new defect-free item. The consumer has the right to choose between the removal of the defect or delivery of a new defect-free item. Der neue Weg - Promotion and Production has the right to reject this choice if it is only possible at unreasonable costs.
(3) In the event of defect rectification, we shall be obliged to bear all expenses required for the purpose of the defect rectification, especially transport, route, work and material costs.
(4) Subsequent performance shall be deemed to be unsuccessful after the second attempt to rectify the defect has failed, if nothing to the contrary arises based on the nature of the item or the defect, or other circumstances.
(5) If subsequent performance has failed or if Der neue Weg - Promotion and Production refused subsequent performance in total, or has not reacted to a specific deadline set by the customer, then the customer is entitled to a price reduction (§ 441 BGB), indemnity (§ 437 Abs. 3 BGB) or to withdrawal from the contract (§ 440; § 323; § 326 Abs. 5 BGB).
(6) Variations from weight, colour, measurement or fabric are not deemed as defect if such variations are customary in trade, insignificant or technically unavoidable.
(7) The assertion of notice of defects/ claims does not entitle the customer to refuse the payment and does not relieve the customer of his obligation to accept the shipment/ delivery and of appropriate storage of the goods.
(8) The warranty period starts with the receipt of the merchandise/ goods. If the customer is a consumer, the period of warranty is 24 month for new goods and 12 months for used goods (§ 438 BGB). If the customer is an entrepreneur, the period of warranty is 12 months for new goods and for used goods there is none.
(9) The customer shall bear the cost of returning the goods if the goods received matches the order and the price of the item to be returned does not exceed 40 €, or if in the case of a higher price of the goods the customer has not provided the required consideration or an agreed partial payment at the time of the revocation.
(10) If the customer is an entrepreneur, we can choose between the removal of defect or delivery of a new defect-free item.
§9 Transport damage
If the customer notices damages to packaging upon receipt of the goods, the customer shall have the damages confirmed in written form by the common carrier and contact us without delay in written form that acceptance is subject to reservation due to the damaged packaging.
If the goods show signs of transport damage after unpacking, we must be informed within 3 calendar days after receipt of the delivery in a written form. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint within the requisite period.
§10 Reservation of Title
(1) We shall reserve title to the goods delivered (goods subject to reservation of title) until payment in full of all liabilities arising from the business connection with the customer (including any ancillary claims and any expenses incurred in the interest of the customer).
The customer has to notify us about any change of residence/ place of business as long as there are open claims for delivered goods or the goods have not yet been delivered.
(2) We shall be entitled to rescind the contract and to demand the return of the goods subject to reservation of title if the customer does not fulfill his contractual obligations, particularly in the event of default in payment. The customer is obliged to surrender the goods subject to reservation of title.
(3) The goods delivered may neither be pledged nor assigned by way of security without approval. In the event of encroachments of third parties on the goods subject to reservation of title (i.e. distraints), the customer has to notify Der neue Weg - Promotion and Production immediately in written form so that we can bring an action pursuant to § 771 ZPO. If the third party is not in a position to recompense us for the costs in and out of court of an action, the customer shall be liable for this costs.
(4) The customer has the obligation to handle the goods with care. Pursuant to § 5 Abs. 3 the customer shall be obliged to insure them at replacement value adequately at his own expense against fire, water, theft and vandalism.
(5) Pursuant to § 950 BGB the finishing and processing of the goods subject to reservation of title shall occur for us as manufacturers without committing us. Finished and processed goods are also regarded as goods subject to reservation of title. In the event of finishing and processing, connection, mixing and/ or combination of the goods subject to reservation of title by the customer with goods which are not the property of Der neue Weg - Promotion and Production to a new item, we are entitled to co-title in proportion of the invoice value of the goods subject to reservation at the time of delivery to the value of the other processed goods.
(6) The customer may only sell the goods subject to reservation of title in the normal course of business as long as the customer is not in default. The customer hereby assigns to us the claims from the resale of the goods subject to reservation of title with all ancillary rights; we accept the assignment. The client continues to be entitled to collect outstanding debts after the assignment. We reserve the right to collect the outstanding debts ourselves, should the customer not properly fulfill his payment obligations and defaults on payment.
§11 Place of performance, venue and data storage
(1) In the absence of contractual agreement to the contrary, the place of performance is Chemnitz.
(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a separate property under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship / from the processing of this contractual relationship is Chemnitz.
(3) Compliant to § 33 BDSG, it is expressly pointed out that we reserve the right to store customer data. With placing the order the customer gives his consent for the storage, processing and usage of personal data within the meaning of BDSG.
(4) Legal transactions with foreign business partner shall be governed by German law. The provisions of the UN Sales Convention find no application.
(1) If the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or agents Der neue Weg - Promotion and Production shall be liable in accordance with the provisions of law.
Insofar as we are not charged with any premeditated contractual infringement, our liability for compensation is limited to the foreseeable, typical damage occurrence.
(2) If we culpably infringe an obligation whose observance is of particular importance for achieving the contractual purpose (cardinal obligation) we shall in addition be liable in accordance with the provisions of law. The concept of cardinal obligation shall be an abstract description of those obligations whose fulfillment is indispensable for the proper implementation of the agreement and on whose observance the contractual partner normally rely/ may rely. In this case the liability for damages shall be limited to the foreseeable, typically occurring damage.
§13 Right of Rescission-/Termination
(1) If the customer applies for the opening of insolvency proceedings against its assets or if insolvency proceedings are opened against the assets of the customer or if we become aware that upon conclusion of the agreement the customer was classed as unworthy of credit or the customer discontinues its business operations, Der neue Weg - Promotion and Production shall be entitled to revoke the agreement in whole or part.
(2) The right to extraordinary termination without a period of notice shall take the place of the right of rescission in the event of permanent delivery relationships.
§14 Applicability of these terms and conditions
(1) In case these Standard Terms and Conditions of Business are not part of a contract or invalid, the contract remains valid for the rest (§ 306 BGB German law).
(2) As far as the provisions are not an integral part of the contract or are ineffectual, the contents of the contract are governed in accordance with the provisions of the law.
(3) The contract shall only be invalid if the adherence to it, even with regards to the amendments after section 2 would place undue hardship on one signatory party.
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