Terms & conditions

General Terms and Conditions

 

Deliveries, services and offers of seller are made exclusively on the basis of this General Terms and Conditions. The General Terms and Conditions apply to all present and future business engagements, even if the application is not explicitly agreed upon again. These conditions shall apply as soon as goods or services are received or consummated. Deviations from these terms and conditions are only effective if the seller confirms such in writing.

The offers of the seller and his sales representatives or offers published on social media or in any form of documents are subject to change and are non-binding. The seller is entitled to partial deliveries and partial rendering of services. Custom orders and orders with customization cannot be exchanged withdrawn or returned. Delays in delivery and performance due to events that make delivery significantly difficult or even impossible for the seller - even if they occur within suppliers of the seller or their supply chain - shall not be for the responsibility of the seller and void agreed dates and deadlines but rather entitle the seller to postpone the delivery or the rendering of services for the duration of the hindrance or entitle the seller to withdraw from the contract as a whole or in part pertaining to the unfulfilled obligation of the seller.

Any risk is passed on to the buyer as soon as the goods have been dispatched to the forwarding company.

Buyer must notify seller of potential defects in writing without further delay, latest within 1 (one) week after receipt of the delivered item. Buyer is obliged to return the objected goods to the seller for inspection and seller's assessment otherwise any warranty or resulting claim is void. Potential defects that are not discoverable within this period, even after careful examination, must be brought to the attention of the seller in writing immediately after discovery and must be sent to seller for inspection. Normal wear and tear are excluded, so is seller's liability for the risk of cleaning, dyeing and refurbishing of hair replacements of any kind. Warranty claims against the seller are only for the immediate buyer and not transferable. Potential defects can be addressed through a variety of rectifications by the seller. Replacement, repair or a credit note will be made depending on the defect. The above paragraph contains the warranty for all of the seller's products and services and excludes any other warranty and damage claims. Liability of seller for consequential damages or defects does not apply.

All goods remain the property in goods of the seller until all current or future claims, outstanding or partial which seller is entitled to collect from buyer are settled in full. Buyer assigns any partial or full claims that may arise from a sale activity or any other legal process in relation to the goods of which the seller retains reservation of ownership to seller as assignment of present of future claims of seller. In case third parties shall gain access to the goods subject to retention of title, buyer will notify third parties of the ownership claim of seller and notify the seller immediately without any delay. In the event of breach of contract by the buyer, in particular a delay in payment, the seller shall be entitled to take back possession of the goods subject to retention of title or, if necessary, demand assignment of buyer's claims for the return of goods buyer holds against third parties. This does not include a possible withdrawal from the contract by seller.

Unlike agreed otherwise, sellers invoices are payable without deduction 30 (thirty) days after invoicing. Seller grants a 3% (three) percent discount for invoices exceeding 100 EUR (one hundred) Euro if 1. payment is made within 10 days after receipt of invoice, 2. direct debit is applied and 3. cash on delivery settlement. All prices are purchase prices requiring to add the statutory value added tax. Sales representatives and technical staff are not entitled to collect cash in behalf of the seller. Seller is entitled to offset the buyer's payments against outstanding receivables. If costs and interest have already been incurred, the seller is entitled to offset the payment first against the costs, after against the interest and finally against the receivables. A payment is not considered successfully transacted until the seller can actually offset the amount. If the buyer is in default, the seller may - after prior information to the buyer - charge interest at the going market rate of commercial banks for open current account loans plus the statutory value added tax. A counter claim by the buyer is only possible if his counterclaim is undisputed or legally established. Furthermore, the seller reserves the right to commission a collection service to collect receivables due. Additional collection costs shall be borne by the buyer.

Domestic orders exceeding 300 EUR (three hundred) Euro are carried out free of freight or postage and packaging charges. This does not apply to tools, training media, fasteners and care products. The price for deliveries abroad is FOB Laupheim plus applicable VAT. Additional costs for express or express forwarder shipment or for individually requested shipment or packaging by the buyer will be charged accordingly.

Claims for damages arising from a positive violation of a contractual duty, fault-based liability or any unlawful act against seller or his vicarious agents are excluded, unless seller's gross negligence can be proven by buyer.

The law of the Federal Republic of Germany applies to the General Terms and Conditions as well as to all legal relations between the seller and the buyer. For buyers who are true mercantile traders according to the German Commercial Code (HGB), the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the seller. Should any provision of these General Terms and Conditions or a provision within the framework of other agreements be or become ineffective, this fact shall not affect the validity of all other orders or agreements.

Seller is advising that personal data of customers is filed and stored electronically in an address file (note in accordance with Section 33 OF the German Data Act). This data is used also to carry out a credit check.

Seller reserves its right to price changes, use of a variety of delivery options, errors exepted, printing errors and technical changes by suppliers. Seller reserves the right of acceptance.