Terms & Conditions
General Terms and Conditons
1. AREA OF VALIDITY
Our delivery and offers take place solely under this general terms. These conditions are valid for all future business relationships, even if they not expressly agreed again. Other conditions of the purchaser are only valid, if Gerstendörfer GmbH agreed in writing with the conditions of the purchaser.
2 . CONCLUSION OF CONTRACT
An order is an offer to us to conclude a sales contract. An order is only binding on us unless confirmed by us, we reject an order within two weeks of the receipt is not, the certification shall be deemed granted. The order is also confirmed, when we send orders to the customer.
All prices are quoted ex-works D-91126 Schwabach including german value added tax. Deliveries to countries of the European Union (EU) can only arranged VAT-exempt, if a valid VAT-ID-Number is available. Deliveries to third party countries will be always shipped VAT-exempt.
4. DELIVERY / DISPATCH
Deliveries take place ex-works Schwabach to the stated shipping address of purchaser. Delivery dates are only binding where expressly agreed as such.The method of packaging will be determined by ourselves. Generally we ship orders via parcel service and german post. Postal charges, packing and insurance will be billed, unless otherwise agreed. Dangerous goods will be shipped only in accordance to the current regulations (for example GGVS, ADR, IATA), even if minium-quantities-regulations claimed. For improper further transport of dangerous goods from our product range, we assume no liability.
4.1 SHIPPING COST
Gerstendörfer GmbH is to keen to send your ordered goods to the best possible low priced rate.Further informations you will find at Shipment and Terms of Payment
5. PAYMENT CONDITIONS
Payment of the purchase price can be settled via Paypal and prepayment. Reserving the right to assert further claims for loss resulting from delay/default, where the term allowed for payment is exceeded default interest at the applicable statutory rate will be charged. Basis for each delivery is the creditworthiness of the purchaser. Additionally, we retain the right to require advance payments, to demand collateral security or withdraw from current contracts.
Acct-Holder: Gerstendörfer GmbH
IBAN: DE38 7645 0000 0231 5767 78
BIC (SWIFT): BYLA DE M1 SRS
6. RETENTION OF TITLE
Goods supplied remain our property until all claims against the purchaser arising from the business relationship and to which we are entitled have been settled. In respect of open accounts, the retained title (property) serves as security for our net debt claim. In cases where payment has been suspended, the applicable goods are – without the need for a request for this – to be segregated and held for our disposal.
7. RIGTH OF CANELLATION FOR CONSUMERS
Right of cancellation
You have the right to withdraw from this contract within 14 days without giving any reason.
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8. PLACE OF FULFILLMENT AND PLACE OF JURISDICTION
The place of fulfillment for all obligations arising from the contractual relationship is Schabach (Germany). Place of jurisdiction for all disputes arising in connection with this agreement is Schwabach (Germany).
9. NOTICE OF DEFECT AND WARRANTY
The properties of the product, except as agreed in written otherwise, the product is free of defects, if it is suited for the intended use and shows a property, which is common for products of similar type. At recognized defects we are entitled to deliver replacement in quantum of value of delivered goods. All products which are on special request ordered or manufactured cannot be taken back. Further claims, particularly claim for damages are excluded. Apart from that, we will be liable for damages, which based on intention or grossly negligence of ours or our agent and vicarious. In case of deliberately actions, we are liable unrestricted; in case of a grossly negligent action, the quantum of compensation is limited towards the predictable, typically damage, this settlement is also valid for our agents and vicarious; it is also valid for slightly negligent neglect of duty. The liability due to culpably injury of life, body or health will remain unaffected, this is also valid for the imperative liability according to the Product Liability Act. Claims for defect barred after two years, from transfer of perils.
10. PRODUCT INFORMATION ADVICE
The product data and other information represent the present state of our knowledge and experience. They are intended solely as a general information for our customers and not exonerate potential users from their obligation to test any products described regarding their suitability for the intended application.We reserve the right to alter any denominations as a result of technical progress or further developments in the manufacturing process. Our “Technical Team” is available on request for further advice and for assistance in solving any problems which may arise during manufacture and application. This does not release the user from his responsibility to evaluate our data and suggestions in respect to their suitability for the intended use.We cannot assume any liability for the correctness or completeness of the data given in our online-shop nor for any technical advice given. We are not liability for inappropriate or improper use of our products by the purchaser.
11. OTHER RESERVATIONS
Raw materials are not always constant. Gerstendörfer GmbH assumes no responsibility in minor deviation in size, colour, packaging etc. of delivered goods. For technical reasons, also minor deviation opposite Print- and Web-illustrations are not totally preventable, finally as well of manufacturing-alterations of the producers. Price quotations, changes in prices, delivery dates, misprints, technical changes, editorial contents, images as well as other errors are subject to change.
12. ONLINE RESOLUTION OF DISPUTES
The European Commission has provided a platform for settling disputes online. This can be found at http://ec.europa.eu/consumers/odr/
Gerstendörfer GmbH is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration body.
13. CHOICE OF LAW, GENERAL REMARKS
All purchases and disputes resulting from this legal relationship are subject to German law with exclusion of United Nations Convention on Contracts for the International Sale of Goods.
If one of the clauses of these terms, be or become invalid, in full or in part, the remaining clauses remain unaffected.