General Terms and Conditions
§ 1 SCOPE OF OUR GENERAL TERMS AND CONDITIONS:
1) All supplies and services rendered by Deffner & Johann GmbH are exclusively based on the following General Terms and Conditions (GT&C). Regulations of our customers deviating from or opposed to our GT&C shall only apply if they are confirmed by us in writing. Our conditions of sale shall also apply if knowing opposed or deviating conditions of the customer, we nevertheless effect the supply to the latter without reservations.
2) All agreements made between us and our customers regarding the performance of this contract shall be recorded in writing.
3) Our conditions of sale shall only apply vis-à-vis entrepreneurs acc. to § 310 section 1 BGB (German Civil Code).
§ 2 OFFER - OFFER DOCUMENTS:
1) Our offers on the Internet, in print media (particularly catalogue) or in individual letters are without engagement and non-binding. We consider your order as offer for the conclusion of a (purchase) contract. We may accept your offer within a period of 14 calendar days by sending you our order confirmation or by dispatching the goods.
2) Our offers shall in any case be non-binding and subject to due delivery by our suppliers. Apart from that, verbal information and promises as well as advertisement statements of any type, particularly goods descriptions, graphical presentations, patterns, quality specifications, performance specifications, information on the use and usability as well as dimensions and weight of all our products are non-binding unless they are explicitly referred to as being binding. The features specified above shall particularly not be regarded as guarantee of quality and durability of any type.
3) Minor deviations of the product specifications regarding form, dimensions, color and weight are reserved as far as they are reasonable and shall be regarded as having been approved of unless they are unreasonable for you as our contractual partner. Furthermore, deviations from different batches may be possible in the case of natural materials as well custom-made products, e.g. color mixes.
4) We reserve ownership and copyrights in figures, drawings, texts, calculations and other documents. Before forwarding them to third parties, you shall obtain our explicit written consent.
§ 3 DELIVERY:
1) The delivery periods contained in our order confirmations are always approximate. If we fall behind, we shall only be liable for the damage you incurred due to the default if we are responsible for the damage and if we can be accused of gross negligence or intent. Our liability for damages shall also be limited to the typically incurring damage even if we are liable according to the legal provisions.
2) You may request damages instead of performance if you have asked us to perform in advance, setting a reasonable period. Under the same conditions, you shall moreover be entitled to rescission.
3) If defaults in delivery occur due to force majeure, particularly due to sovereign interventions, natural catastrophes, war, riot, strike in supplier companies or in the transport industry or other circumstances for which we are not responsible, we shall be entitled to make up for the delivery if the obstacle has ceased to exist. In this case you shall, however, be entitled to rescind the contract in case of a delivery default of more than three months and in such case we shall also be entitled to rescind the contract.
4) More far-reaching claims shall be excluded, as far as legally admissible.
5) We shall be entitled to make partial deliveries.
6) When the goods leave the distributing warehouse, the risk of damage, loss, theft or even destruction of the goods ordered from us shall pass to you. When the goods are handed over by the delivery agent, it must be checked whether the goods are intact and free from defects and whether the transport packaging is damaged. Taking receipt of damaged goods may result in a loss of any claims based on defects whatsoever. If damaged goods are accepted, this must be confirmed by the delivery agent.
§ 4 PRICES AND TERMS OF PAYMENT:
1) The prices valid at the order date according to our relevant applicable catalogue and/or valid offers shall be decisive. All prices are quoted as net prices in EUR, plus the applicable legal value added tax of currently 19 %. Books are offered incl. VAT of currently 7 %. The prices are quotes exclusive of packaging and dispatch costs, which will be invoiced separately.
2) We reserve the right to request advance payment. Upon receipt of the payment, the ordered products will then be dispatched.
3) Apart from that, the legal regulations regarding the consequences of defaults in delivery shall apply.
4) You shall only be entitled to offsets if your counterclaims have been determined in a legally binding form, if they are undisputed or accepted by us. Moreover, you shall only be entitled to exercise any right of retention if your counterclaims are based on the same contractual relationship. 5) As long as there are accounts receivable from you, you shall be obliged to immediately notify us any change in your address to which summons may be served.
§ 5 IN CASE OF DEFECTS:
1) With different brands or even with different articles of one brand, usual deviations in color and size are possible as the information is not subject to any standard. These deviations do therefore usually not give rise to any warranty claims.
2) If the goods delivered by us are faulty or don't have the quality guaranteed by us, we shall be obliged to subsequently improve the faulty object (i.e. to perform a proper repair) or to perform a subsequent delivery, at your option. We shall, however, be entitled to refer to our right to subsequent improvement if the subsequent delivery is related to unreasonable costs for our company. Alternatively, we shall also be entitled to refer to our right to subsequent delivery if the subsequent improvement is related to unreasonable costs for our company. If subsequent improvements fail or if you don't receive a subsequent delivery in due time, you shall be entitled to request reduction in the purchase price (reduction) or to rescind the contract.
3) Defects must be notified in writing immediately after they are discovered. We explicitly refer to § 3 para. 6 of these General Terms and Conditions and § 377 HGB [German Commercial Code].
4) You may request damages instead of performance if we have violated your rights in a grossly negligent or intentional form, if we have willfully deceived you or negligently injured your life, body or health.
5) For new goods acquired from us, we grant a warranty of one year. Before performance of the warranty, the complained object must be made available to use for examination of the defect, at our option in your company or by sending it to us.
6) With regard to the technical equipment delivered by us, we shall not be liable for the removal of defects that have been caused by external influence or incorrect operation. The warranty claims shall moreover forfeit if you don't comply with operating or maintenance instructions of the products or if unauthorized third parties have interfered with the objects delivered by us or made any changes thereon or if consumables are used that do not comply with the specifications of the individual products delivered by us.
§ 6 RETENTION OF TITLE:
1) All our deliveries shall be made under the retention of title. Accordingly, the ownership in the delivered objects shall only pass to you upon receipt of all payments under the current business relationship.
2) You shall not be entitled to pledge, process or modify the objects already in your possession before transfer of ownership or to transfer them by way of security. We may, however, grant our explicit consent in the individual case if already in advance, you assign all claims against third parties relating therefrom in the full amount as security for our claims against you and we accept this assignment.
3) Any encroachment by third parties on the goods delivered by us or the claim assigned to us shall be notified immediately and in writing and third parties shall also be informed that in the cases specified above, the goods delivered by us are still our property.
4) As long as we are still the owner but the goods are already in your possession, you shall be obliged to sufficiently insure the objects at your own expenses against loss or damage, particularly by fire, water, burglary and theft. Related insurance claims shall already now be assigned to us, as well.
5) If you are in default with one or several payments in whole or in part, if you discontinue your payments or legal insolvency proceedings are pending against you, you shall not be entitled to dispose of the goods delivered by us any more. In this case, we shall be entitled to rescind the contract, take back the goods that are in your possession or to revoke the authority to resell them. We shall then also be entitled to request information about the recipients of the goods that are still our property, to disclose the assignment of the claim and to collect the claim in person.
§ 7 EXPORT REGULATION:
The products delivered by us are partially subject to export restrictions. You shall therefore be obliged to provide us with any and all information that is necessary for us to satisfy our obligations under the foreign trade legislation without being asked to do so.
§ 8 FINAL PROVISIONS:
1) When placing an order, you express your consent to us saving, processing and using the data contained in the order form within the scope of the customer relationship.
2) As long as there are still accounts receivable from you, you shall be obliged to inform us about any change in your place of residence or registered office without being asked to do so.
3) German law shall apply. Application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
4) Place of performance and exclusive place of jurisdiction is Schweinfurt. Schweinfurt shall also be the competent place of jurisdiction if at the time an action is brought, your place of residence or abode is not known or you don't have any place of residence within the country.
5) If individual provisions of these General Terms and Conditions or the contract concluded with you are invalid in whole or in part, the validity of the residual contract shall remain unaffected.
LIABILITY FOR CONTENTS
The contents on our website were prepared with utmost care. However, we cannot guarantee that the contents are correct, complete and up-to-date.
In acc. with Section 7(1) TMG (German Telemedia Act), we, as service provider, are responsible for own contents on these web pages acc. to general legislation. Pursuant to Sections 8 to 10 TMG, however, we, as service provider, are not obliged to monitor transferred or retained third-party information or to search for circumstances indicating an illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected hereof. However, any liability in this respect can be assumed only as from the date of knowledge of a specific infringement. Once we become aware of corresponding infringements, we will remove these contents immediately.
LIABILITY FOR LINKS
Our website contains links to external third-party websites, on the contents of which we do not have any influence. We therefore cannot accept any liability for such third-party content. The provider or operator of linked websites is responsible for their content. The linked websites were reviewed for potential legal violations at the time of linking. No unlawful content was identifiable at the time of linking. However, we cannot reasonably be expected to permanently monitor the content of linked websites without concrete indications of an infringement. If we become aware of infringements, we will remove such links immediately.
The contents and works created on these web pages by the website operators are subject to German copyright law. Third-party contributions are marked as such. Any reproduction, processing, dissemination and any type of exploitation beyond the restrictions of copyright law require the written consent of the respective author and/or creator. Downloads and copies of this website are permitted only for private, non-commercial use.
The website operator makes all reasonable efforts to always comply with third-party copyrights and/or to use their own contents subject to no licences.
Dispatch Information for Orders in the Online Shop - Version dated August 2017
MINIUM ORDER VALUE
PLEASE NOTE THAT THE MINIMUM ORDER VALUE IS 25 €.
Because of the extra workload, we need to charge new customers with orders under 25 € a processing fee of 10,00 € plus the value of goods.
Shipments abroad under orders of € 25 can not be edited. Please consider this when shopping.
If pre-payment is required, we will send you a proforma-invoice. Shipment will be made with receipt of payment or according to the estimated shipment date specified on the order confirmation provided.
We generally ship with GLS parcel service or DHL express. Items too heavy or too large, larger quantities of paint as well as exports will be shipped via common carrier.
Germany: € 5.50 plus VAT.
Austria: € 10.50 plus VAT.
Benelux countries, Denmark: € 8.50 plus VAT.
Switzerland*, Liechtenstein*: € 11.50 plus VAT.
France, Italy, Czech Republic: € 18.80 plus VAT.
England: € 19.50 plus VAT.
Sweden, Finland, Norway*: € 27.00 plus VAT.
Estonia, Latvia, Lithuania: € 27.00 plus VAT.
* Duty and tax unpaid.
All prices plus VAT.
DANGEROUS GOOD SHIPPING
Dangerous goods that fall under the Hazardous Substances (ADR) are usually shipped by parcel services.
Small quantities, the so-called limited quantities (LG, ADR after 2009, subject to certain pack sizes, which vary according to hazardous materials), can be carried without extra charges. Otherwise, a dangerous goods sucharge ever pacts currently amounting to € 3.75 is charged. If necessary taking into account the LQ we adjust in the container sizes of your order, to thereby achieve a more favorable shipping rate for you. Details will be provided upon request or with the order confirmation.
We invest a lot of time and money in the packaging; however, we unfortunately have no influence on the handling of the parcels during dispatch.
The parcel services are only liable for transport damage if the latter is directly notified to the deliverer or acceptance of the parcel is denied due to apparent damage! If the parcel is accepted and receipt is acknowledged without restriction or comment, the goods are regarded as having been delivered orderly and without any damage.
Before you sign the carrier’s delivery receipt, please check all cartons for damage and completeness. Note any damage or shortage on the receipt to ensure forwarder liability.
However, please do not hesitate to contact us directly should there be any damage to or faults on the shipment. Please be so kind us to notify it to the haulier upon delivery, too.
We thank you for your trust and wish you much fun when purchasing via www.deffner-johann.de.