Conditions of sale, supply and payment, version
Conditions of sale, supply and payment
1)General information
Our offers are valid without engagement. With placing an order, you accept our conditions of sale, supply and payment. Any ineffectiveness of particular conditions has no impact on the effectiveness of the other conditions. Conditions of the customer differing from these terms of business as well as all verbal agreements are only valid in the case of a written confirmation from our side. The customer’s purchasing terms have no validity. In case of deviation of our order confirmation from your order, you are obliged to indicate this immediately upon receipt in written form. Otherwise the order confirmation is valid and mutually binding. Subsequent changes, creating additional costs, will only be carried out by us upon charging these additional costs to you and extension of delivery time. Any such changes require our accordance and confirmation in written form.
2) GoodsSize information in the catalogue is to be understood as approximate measure and is subject to mistakes and changes. Material, colour, design, technical condition, packing type of unique specimen as well as size and type of packing units are subject to change. All these changes are no reasons for complaints, even if there are deviations resulting within the delivery. The single packing provides protection for the product and is not a gift box. Due to the given manufacturing possibilities for ceramics in the respective manufacturing countries, especially for mass production, general quality standards for mass productions are applicable. For mass production of the ceramic end product the following small defects are generally to be accepted and are no reason for claim: pinpricks, glaze cords, glaze colour deviations, glaze polish tolerances, impureness, iron spots and punches. Samples represent an average of quality. If our items might contain any substances from the SVHClist over 0.1% you can find those info on our homepage www.easygifts.de (item number – additional information -Reachconformity). What type of substance can be found under"download".
3)Advertisement printed by us.
You will receive an artwork for approval in PDF format – this is a mere digital placement of your print layout – it is in no case binding concerning the focus or colour – deviations to the original print layout are possible. The artworks only represent digital print simulations. We will print according to your approval only – later claims cannot be accepted. We are not liable for errors overseen by yourself. For being on the safe side, please order a preproduction sample (with costs). For printing orders exceeding 5,000 pcs or a product value of minimun 2,500 € plus printing costs, we are in any case entitled – or if we consider it necessary – to produce a preproduction sample even without your explicit order to your expense (€ 30,15 per colour plus product value and freight costs). Items which are packed in a single box and in wrapping paper or poly bag, are being re-packed after printing only when needed. Recommended printing sizes are not always maximum printing surfaces. For follow-up orders without preproduction samples deviations cannot be excluded. Please note that the engravings can be different for natural materials.
4)Number of pieces
When ordering the multiple of the smallest packing unit, there is no opening of a new box. For example: if in the small packing there are 12 pieces and you order 100 pieces, then we supply and charge 108 pieces (9x12 pieces). Samples are not included in this regulation. When placing printing orders, smaller or bigger deliveries deviating up to 10% are possible and allowed, especially as a result of printing errors.
5)Prices
All prices are understood as net prices plus statutory value-added tax. Our quotation of prices are valid without engagement, errors excepted. Printing errors in the catalogue, the price list or special brochures do not authorize you to make special claims for compensation. Price changes will be submitted to you as quickly as possible. Our confirmation of order is binding. However, we are authorized to make corrections in the case of increasing prices or costs, changes of freight costs, customs and other taxes that occur after the conclusion of the agreement. You can withdraw from the contract three days at the latest after the creation of the confirmation or change of order. However, this is only possible if we receive the withdrawal statement before shipment. In the case of printing orders and special versions , the right to rescind is excluded.
6)Bulk discounts and promotional prices
When paying after the due date of payment, a possible discount is no longer valid. This is also valid for agreed special net prices. Promotional prices are special net prices for which no discount can be granted. Prices deviating from our respective current price list are always understood to be special net prices. For granted special prices that are deviating from the current price list, we reserve the right to charge the rest additionally beyond the due payment date.
7)Samples
Samples cannot be taken back for administrative reasons. If you wish to return samples nonetheless, they will not be credited.
8)Neutral shipment
Of course, we send the ordered goods on behalf of you severely neutral to your customer. We will create a neutral delivery note with your return address for free. Please send us your forwarding address.
9)Delivery periods
As soon as possible! Part deliveries are allowed, especially if several goods are ordered and are not available at the same time. The extra charge for transport is at your expenses. Delivery deadlines are only beginning at the point when we have received all documents that have to be provided by your side. We can only name dispatch dates as we have no influence on the shipping company. If we are prevented from meeting our delivery obligations by force majeure or unexpected incidents, the delivery deadline is extended accordingly. If the delivery extension is unacceptable for you, you have the possibility to withdraw from the contract. However, this is only possible if you inform us immediately about the withdrawal and if the order does not contain special versions or already printed articles. Compensation claims deriving from too late delivery cannot be asserted against us. Delayed information of order details automatically result in a postponed delivery date. Fix dates are excluded from the beginning.
10)Delivery
Deliveries are always understood to be ex works, on our choice by mail, parcel post or forwarding agency. Our costs and expenses are to be paid by the customer. The transport of goods delivered by us succeeds on the customer’s risk. When exporting into a country outside the EU, we charge €25,00 for a possible customs declaration. We charge € 8,50 for throwaway pallets and € 12,50 for euro pallets if they are not exchanged against equivalent empty pallets when picking up the goods.
11)Guarantee
Our goods are - if not indicated differently - imported goods from the Far East. For that reason, they are subject to quick wear and tear. This is no reason for complaints. Furthermore, a certain amount of rejects has to be expected. There is no claim for compensation for rejects up to 3% of the ordered quantity. For rejects that possibly exceed this percentage, the claim is limited to a reduction of the invoice. In every case, the goods are to be examined and tested for possible defects and number of pieces by you or the recipient stated or by a representative authorized by your company immediately after receiving the goods. Complaints are to be reported to us immediately in written form. Otherwise every guarantee is excluded. In the case of externally visible transport damages, the guarantee is also excluded when the damage was not confirmed on receipt in written form by the carrier. Approved returns of goods are only accepted if the postage was paid by the sender. When articles are printed or treated by you or a third party, every guarantee is excluded after the goods have been delivered by us. Claims for damages of every kind are excluded in every case. It is also understood that goods that are not resold to consumers (e.g. goods which are sold to companies and which the companies give as a present to consumers for promotional reasons) are not subject to claim demands - if damages are not recognizable immediately - one year at the latest after the goods have been delivered to you or the recipient stated by you, even if the goods have not been in use until that moment. Even if we have accepted claim demands in the meantime, all further claim demands for goods that were not delivered to consumers come under the statute of limitations one year at the latest after the original shipment.
When we deliver according to your specifications, our liability is limited to the delivery of the goods itself. In contrast, we are not obliged to do any research concerning trade mark rights possibly claimed by third arties, neither are we obliged to verify the rights of those or to possibly obtain their necessary approval. The involved parties agree upon the fact that the risk of infringement of third party´s rights is being taken by your company as long as we deliver according to your specifications. In this respect, we exclude our liability. Should we, however, experience that the delivery infringes or would infringe the rights of a third party, we will inform you about this fact. The third parties´ rights are particularly patents, patent applications, samples, design patents, brands, copyrights, secret know how as well as positions from copy protection with regard to competition law.
If our company, a company related to us or a purchaser is claimed against because of a claimed infringement of a third party´s rights, you are obliged to discharge our company, the company related to us or the purchaser. Accordingly, this is also applicable to the according CEOs. Our further rights remain unaffected.
12) Redemption of goods
The return of unprocessed goods is generally only possible by previous agreement and a restocking charge of 20% of invoice value.
Not prepaid shipments can not be accepted, the customer has to bear the costs incurred for returning the goods.
The goods must be undamaged and in the original packing. The packaging has to be unlabelled/unmarked.
We reserve the right to refuse the redemption of certain goods like discontinued items or seasonal goods.
13)Payment
Within 14 days after the invoice date net price. The payment has to be free of charge for us! Direct debits immediately after receipt of invoice. When the date of due payment has been exceeded, we charge default interest and fines customary for banks. Possible granted discounts (discounts or special net prices) are no longer valid (see also point 6) and are invoiced by our company additionally. Customers unknown to us are supplied against cash on delivery/payment in advance. The customer has to pay the costs for cash on delivery. Refusal of payment as well as balancing the costs out against any claims of the buyer are not allowed.
14)Reservation of ownership
The goods stay our property until the customer has paid the total amount of the invoice. The goods must neither be pledged nor made over in terms of security to a third party. The reservation of ownership will be expanded up until that point in time when the goods have been sold. Within this period, the ownership of the claim is transferred to us. If you fall into arrears with your payment, the reservation of ownership entitles us, even without previously having fixed a notice, to demand the goods or the claim.
15)Penalties/Compensation
Penalties cannot be asserted against us. Compensations of every kind are excluded.
16)Legal domicile and place of fulfilment
The legal domicile and place of fulfilment for both parties is Nuremberg in every case.