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Conditions of Use

State 01.02.04

 

§1 General information

 

(1)   The following general standard terms and conditions (GST)  are part of all contracts with the Co. of die Blechfabrik e. K. (named die Blechfabrik in the following passages)

 

(2)   These general terms and conditions form the base of all deliveries, offers and services. Other arrangements have to be in written form.

 

(3)   Controversial GST will not become part of the contract even without an explicit dissent.

 

(4)   The minimum age for all conclusions of deals is 18 years.

 

§2 Orders and prices

 

(1)   The prices in the online shop of die Blechfabrik are valid plus the German VAT. The prices in euro are worldwide valid.

 

(2)   The freight charges for Germany are noted on the online order form.

 

(3)   die Blechfabrik is not in charge of the transport costs for delivery in foreign countries to our foreign clients. The freight charge list which is sorted by countries is just an orientation. We will inform you of the exact amount of the freight charges in the order confirmation or on your inquiry. Customary fees as custom duties will be paid by the client.

 

(4)   Should an order article or an replacement article not be available, die Blechfabrik is entitled to break the contract concerning the delivery: die Blechfabrik is obliged at the same time to inform the client immediately that the article is not available and to pay back the already received payment.

 

(5)   Special orders that have to be purchased for the client and ordered quantities that are bigger than standard commercial practice are excluded from exchange. In the case of a refusal of acceptance 25% of the total purchase price is due as penalty of breach of contract.

§3 Conclusion of the contract

 

(1)   Spoken arrangements and confirmations made by die Blechfabrik, brochures and advertising statements of each nature, especially descriptions, pictures, drawings, designs, and information of quality, of state, of composition, of accomplishment as well as measures and of the merchandise are subject to change, as long as they are not binding stated.  They are not meant as a confirmation or guarantee of any kind.

 

(2)   The pictures of the products may differ from their actual appearance (color, size, etc.) The illustrations in the online shop, in the catalogue or in combination with offers on other online marketplaces are not binding.  

 

(3)   The contract between die Blechfabrik and the client materialize with the written acceptation of the order on the side of die Blechfabrik or with an electronic order confirmation. die Blechfabrik may accept an offer by the client within 14 days after confirmation.

 

(4)   die Blechfabrik reserves the right to refuse the order of a client, e.g. because the ordered goods are not available or because the proceeding of the order is not possible because of other reasons. In this case die Blechfabrik will inform the client of the refusal of the order with a written or electronically information without being liable for the receipt of the message.

 

§4 Returns

 

Returns have to be operated without any costs.

 

§5 Delivery, delivery deadlines and appointments

 

(1)   die Blechfabrik may decide the way of delivery if there is no other arrangement.

 

(2)   die Blechfabrik has the right to partial delivery and corresponding invoicing. If there is a partial delivery without the client has been informed in advance or has the total amount already been paid at the first delivery, the freight charges will not raise any more for the client. If the client insists on partial delivery the freight charges will raise according to the quantity and costs of the deliveries.

 

(3)   The addressee is in charge of a possible delivery or of the collection of the ordered goods.

 

(4)   Should the client cause a return of the goods, he has to pay all transport and all eventual other costs. A delivery address which is not the same as the permanent domicile of the client is possible.

 

(5)   Delivery deadlines and appointments are just binding, if they are written fixed as such appointments. They start with the receipt of our confirmation of order by the client, if there has not been agreed to other arrangements. The statements on the website and other information by die Blechfabrik are just guidelines.

 

(6)    In the case of force majeure, any other not by die Blechfabrik represented - also temporarily – impossibilities or delivery that is not in time nor according to the rules by our pre-supplier we have the right to poke out the delivery for the duration of the hindrance or if there is no end of the hindrance to foresee to withdraw from the contract completely or in parts.

 

(7)   If die Blechfabrik may be behind and paragraph (5) does not find application, the client may lay down a time limit with the statement that he does not accept the goods or the service after this limit anymore.  After the passing of this deadline, the client has the possibility to back out from the contract.

 

(8)   If the client may be in delay, die Blechfabrik may offer with a deadline. After the passing of the deadline and there is non- fulfillment, die Blechfabrik has the right to back out from the contract. In the case of an intentional passing die Blechfabrik has the right of an indemnity payment. (Have a look at §6, Abs. 4).

 

§6 Terms of payment and - deadlines

 

(1)   The goods will be delivered to you – if there are no other arrangements – generally after payment in advance. There is no possibility to get a discount.

 

(2)   You have the possibility to pay via selected credit card services or transfer in advance. When you pay from a foreign country, you have to observe the transfer fees so the full amount will be credited to the account of die Blechfabrik.

 

(3)   The delivery takes place within 1-3 days after money receivable. The payment in advance by the client has to take place within 14 days after the order confirmation. If the outstanding payment will not arrive the account of die Blechfabrik within this deadline, die Blechfabrik has the right to revoke the binding contract.
In the case the client delays intentionally the acceptance and prevents in this way the resale of the goods to a third party, the buyer is liable for the actual and caused damages like e.g. storage costs, provision, decline of value, legal and administrative costs.

 

(4)   When crossing the deadline die Blechfabrik will even without reminder demand an interest of 3% of the bank rate, at least 1% per each started month.

 

(5)   The summary proceeding will be opened directly after the first reminder. If the summary proceeding out of court will not lead to any agreement, we will take legal action.

 

(6)   All payments will be charged to the oldest debt, independent of different regulations of the client.

 

(7)   The set-off with demand which are neither undisputed nor binding as well as the practicing of a right of retention are excluded. The assertion of a possible damage caused by default remains unmoved.

 

(8)   Before the complete payment   of the due amount including the interest and any other costs die Blechfabrik is even without an additional respite no longer obliged to further deliveries or services in actual contracts.

 

§7 Reservation of ownership

 

(1)           All delivered goods by us remain our absolute property until the full payment of all our demands. As long as the reservation of ownership remains, the client does not have the right to use, impound, to transfer to somebody else, or to let somebody have the delivered goods outside of ordinary course of business. The client is obliged to a proper storage and insurance according to general regulations.

 

(2)            The client transfers hereby in advance the full amount of our claim that may consists by disposal or any other handing over. He is obliged to give to die Blechfabrik all necessary information for the assertion of the demands.
(3) die Blechfabrik  has the right to reveal the signing over to the others clients at the expense of the client The assertion of the reservation  of ownership as well as any distrait of the proviso goods is only valid  as a withdrawal from the contract, if we declare this written explicitly.

 

(4)  The extended reservation of proprietary rights is valid.

 

§8 Liability for defects

 

(1) If the delivered articles should have evident material- or fabrication faults, including transport faults, we kindly ask you to make a complaint directly to die Blechfabrik or to the postman, who is delivering the article to you.
(2) If the goods are defect in a bearable way by die Blechfabrik the legal claims of subsequent performance are valid which can be fulfilled by a repair of the defect or a delivery of the goods.
(3) Defects will be repaired by die Blechfabrik in a reasonable deadline. The precondition is that the defects will be announced to die Blechfabrik and that they can be reproducible or rather visible. die Blechfabrik has the right to name an alternative service station to the client who will take care of the repair of the defects.

 

(4) If the announced defects are not ascertainable at the examination the client has to take charge of the costs of the examination and all connected costs to this. The return follows in accordance with the client after money receivable.
(5) As long as we grant to you a clients guarantee - disregarding of this legal claims - the details result from the guarantee condition of the producer which will normally be attached to the delivered article.  

 

 

§9 Liability

 

(1)   Claims for damages regarding delay, impossibility of the accomplishment, violation of contractual or legal accessory obligation or protective obligation, fault at completion of contract and noncontractual liability are out of question as long as the damage has not been caused by a grossly negligent or intentional acting of die Blechfabrik or one of its legal representatives.

 

(2)   Claims for damages are limited to the amount of the order volume.

 

§10 Data protection

 

(1)   die Blechfabrik safes electronically all data of the client while the duration of the contractual relationship, as long as this is necessary for the fulfillment of the contractual purpose especially for calculative purpose.

 

(2)   die Blechfabrik exchanges information concerning the credit worthiness with service providers because of credit card clearing. This happens in consideration of your interest which is worthy of protection according to the legal data protection regulations.

 

(3)    die Blechfabrik will give the client completely and  free of charge information at anytime about the stored data amount as long as it concerns himself.

 

(4)   die Blechfabrik informs the client explicit that the data protection for data transmission in open networks like the internet cannot be guaranteed extensively by the actual state of the art. The client knows that the provider is able to see from the technical point of view at anytime the on the web server stored website offer and probably further data of the client. Also other subscribers of the internet can be able form a technical point of view to intervene unauthorized to the network security and to control the information exchange.

 

§11 Legal venue & governing law

 

Düsseldorf is the legal venue. For these trading conditions and all of the legal relations between die Blechfabrik and the client the German right of the BRD is valid to the exclusion of the UN-sales law.

 

 §12 Saving clause

 

Should a regulation of this general standard terms and condition be ineffective or impracticable, the validation of the rest of the GTC remains unmoved. Displacing the ineffective regulation or the gap a new regulation will be valid which comes close to the economical purpose of the arranging that might have been decided by die Blechfabrik if the ineffective regulation or the gap would have been known.

§13 Final provision

 

All explanations of the parties of the contract have to be written. They can be sent by fax or e-mail. This is also valid for all invoices which are made by die Blechfabrik.

 

 

 

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