General Terms and Conditions of the Company AM-Design Floristik GmbH
1. General Remarks
With placement of an order, the buyer accepts these terms and conditions.
Verbal agreements and conditions of purchase of the customer require our written confirmation to acquire component of the contract.
Entitled for supplying are specialized traders and processing undertakings. Private persons are principally not supplied.
2. Delivery and Prices
Our prices are based on the currently valid cost factors. If they change, we reserve the right to correct prices accordingly. The seller reserves the right to correct erroneously incorrectly quoted prices on order or invoice. Offers are non-binding.
Claims for damages due to exceeding delivery times are excluded.
Shipment of the goods is at the buyer’s expense and risk. Special shipping instructions must always be indicated anew with each order. Any additional costs incurred shall be borne by the customer and will be invoiced. Cartage or delivery charges are for the buyer’s account.
For orders with a net value of goods from EUR 1200, - we deliver free of charge to destinations.
Basically, we charge 2% freight insurance.
For costs of tolls we charge 1% of the net value of goods.
Services in partial lots are generally permitted. Partial and subsequent deliveries are considered as independent transactions and do not affect the validity of the purchase contract.
By placing an order, new customers agree to prepayment.
The minimum order value per order is EUR 400, -. Orders below EUR 400, - will be charged to the buyer with a cost share of EUR 30, -.
For export orders, the minimum order value is EUR 1200, - Delivery is carriage forward.
Delivery abroad only against prepayment.
The invoice is payable within 10 days from the day of the invoice date, less 2% discount or within 30 days net. Discount deductions after the 10th day of the invoice date will no longer be accepted. With direct debit, a 3% discount of EUR 400, - or more is granted.
In the event of late payment, we charge interest on arrears at the usual bank loan interest rates.
If payment has been agreed and payment is not received, the purchase contract remains in force. We reserve the right to recover the claim in court.
Complaints can only be made to firstname.lastname@example.org within 8 days of receipt of the goods, enclosing the invoice number or duplicate invoice and corresponding pictures. Commercial deviations in quality and colour can’t be objecte
Claims for compensation in case of delivery of damaged parcels can only be made if a written confirmation of the carrier regarding the type and extent of the damage is submitted with the complaint.
In the case of carriage forward returns, acceptance will be refused. In the case of custom-made products, exchange is excluded. In principle, marked goods cannot be taken back.
5. Reservation of Proprietary Rights
The goods remain the property of the seller until payment of all claims arising from the business relationship, including all ancillary.
The inclusion of individual claims in a current account as well as the drawing of the balance and its recognition shall not affect the retention of title.
The retention of title does not exclude the right of the buyer to sell or use the goods within the scope of his proper business operations.
The buyer may neither assign nor pledge the goods affected by the retention of title as security.
In the case of the processing of goods subject to retention of title to a new item, the processing shall be at the expense of the buyer in any case for the seller, so that the seller is the owner in any state of processing with other goods not belonging to the seller, the buyer hereby assigns ownership of the new item to the seller.
Furthermore, the buyer hereby assigns to the seller his claims arising from the resale of goods subject to retention of title, regardless of whether they are processed or not, to the extent that they correspond to the share of the of the goods subject to retention of title in the product sold.
In the event of breach of contract by the buyer, in particular default of payment, the seller is entitled to take back the goods at the buyer’s expense.
6. Data Privacy
The seller is entitled to collect, store, process, pass on and use the buyer’s personal data to certain persons in compliance with data protection regulations.
The personal data provided by the seller is used by the seller exclusively for the purposes of purchase and order processing, for answering inquiries and for technical administration of the digital media and software products used.
7. Terms and Conditions
In all other respects, the provisions of the General Terms and Conditions (GTC) shall apply between the parties.
Should individual conditions be legally invalid, this shall not affect the validity of the remaining conditions.
8. Place of Performance and Jurisdiction
Place of Performance: Vaihingen/Enz
Place of Jurisdiction: Ludwigsburg
The latest Terms and Conditions apply.
As of November 2019