GTC – General Terms and Conditions
1. Scope
1.1. Our General Terms and Conditions apply exclusively to all legal transactions between ourselves and the customer. Deviating Terms and Conditions of the customer require our written consent. By placing an order, the customer accepts our General Terms and Conditions. These also apply to all future transactions.
1.2. Our offer is valid exclusively for commercial customers, self-employed persons, schools, universities, public authorities, and associations.
2. Conclusion of Contract
2.1. All offers contained in the catalog are subject to change without notice and are valid ex stock. Orders or shipping commissions are only binding if confirmed in writing. The item description in our order confirmation is always decisive.
2.2. We reserve the right to deliver on the basis of cash on delivery or payment in advance. We may withdraw from contracts without justification if it is to be assumed that the delivery to the customer constitutes a financial risk for us.
2.3. We reserve the right to make changes to products (color, material, design, technical features etc.) that serve to improve the product. Product illustrations contain accessories and/or decoration material not included in the scope of delivery.
3. Prices
3.1. Prices are subject to change and are subject to shipping costs and the respective legal VAT.
3.2. Due to the long validity of our catalog offer, we reserve the right to adjust the indicated prices - also to your benefit. Therefore, the only prices applicable are those stated in our order confirmation.
3.3. With subsequent catalog publications, previous catalogs and prices become invalid.
4. Delivery and Delivery Periods
4.1. Transport is carried out at no risk to the customer. The goods are ensured during transport. We take out a transport insurance policy to cover risks during transport.
4.2. Partial deliveries are permitted and become due for payment in accordance with our payment conditions.
5. Payment
5.1. The term of payment is 14 days (without deductions, such as discounts or the like) from the date of invoice.
5.2. We reserve the right to perform deliveries abroad only upon advance payment.
5.3. Rebates, discounts or other invoice reductions can only be claimed if we have confirmed them in writing and the customer is not in arrears with other payments.
5.4 In the event of overdue payment, we shall be entitled to charge default interest at a rate of 6% p.a. above the respective base interest rate plus VAT. The statutory provisions on overdue payments shall remain unaffected.
6. Warranty
6.1. The statutory warranty regulations apply with the following stipulation: The warranty period is generally 24 months.
6.2. Regardless if defects are due to material, manufacturing, or transport: Please claim all defects immediately. Obvious defects must be reported in writing within 7 days following receipt of the goods. A period of one week after discovery applies for concealed defects. You have a right to free-of-charge supplementary performance during the warranty period of two years after delivery. We may elect either to repair the item (rework) or to replace it completely or partially (subsequent delivery).
7. Liability
7.1. Claims for damages due to delay, impossibility of performance, violation of contractual and statutory secondary and protective obligations, indebtedness at the time of conclusion of the contract and non-contractual liability shall be excluded, unless the damage was caused by gross negligence or intentional action on our part.
7.2. Typographical errors may emerge in any catalog. We apologize if this occurs and unfortunately cannot accept any liability for those cases. Images found in our catalogs or internet shop need not be colorfast. Descriptions of our services, pictures, dimensions, weights, and drawings are only valid upon our written confirmation.
8. Reservation of Title
8.1. Delivered goods shall remain our property until payment in full. In the case of resale beforehand, all claims arising shall be deemed to have been assigned to us. Receivables arising from such claims shall be paid to us.
8.2. The customer is not entitled to pledge goods subject to our reservation of title or to assign them to third parties as security. The customer is prohibited from any assignment of claims to which it is entitled from the sale, processing or transformation of the reserved goods.
9. Privacy
9.1. Your data is securely protected. All personal data will of course be handled confidentially. Data necessary for the business transaction are stored and processed within the framework of the Federal Data Protection Act ( 28 BDSG).
9.2. For the purpose of credit checks and creditworthiness checks, we exchange confidential data with appropriate service providers such as Creditreform. We occasionally make our customer addresses available to selected, affiliated companies for the exclusive purpose of sending catalogs, but under no circumstances will we sell customer addresses. The data is not stored by other companies in doing so. The customer of course reserves the right to object to this use.
Please write to us at: EinrichtWerk GmbH, Martener Straße 525, 44379 Dortmund, Germany or email us at: mail@einrichtwerk.de.
10. Place of Performance, Jurisdiction, Governing Law
10.1. Place of performance and jurisdiction for both contractual parties is our place of business, 44379 Dortmund, Germany.
10.2. The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between ourselves and the customer, excluding the UN agreement, „Convention on Contracts for the International Sale of Goods.“
11. Miscellaneous
The possible ineffectiveness of individual provisions shall not affect the effectiveness of the remaining provisions. The invalid agreement shall be replaced by a provision that comes closest to achieving the purpose of the contract and its commercial success.
EinrichtWerk GmbH
Martener Straße 525
44379 Dortmund
Germany
Phone: +49 231 9976000
mail@einrichtwerk.de
www.einrichtwerk.de