GENERAL TERMS AND CONDITIONS
§1 SCOPE
The performance and offers of Werbepartner Renz are based solely upon these General terms and conditions which shall apply to all future business transactions without any need for further express agreement hereto.
§2 CONCLUSION OF CONTRACT
All quotations are subject to change and non-binding. All orders shall require a written confirmation by Werbepartner Renz, either via email or via fax, to be legally valid. Verbal orders submitted via phone may be confirmed verbally by Werbepartner Renz.
§3 PRICES
The prices in the order confirmation of Werbepartner Renz plus the applicable statutory value added tax shall apply only. Unless stated differently, the prices indicated include packaging costs. The shipping costs are not included and currently ammount to €5.95 per package up to 10kg for shipment within Germany (shipment abroad on request).
§4 DELIVERY
(1) The delivery shall take place at the customer´s risk to the delivery address provided by the customer and at the customer´s expense. The customer shall be responsible for providing the complete and correct delivery address.
(2) If the customer is in default of acceptance due to other circumstances for which the customer may be held responsible, then Werbepartner Renz shall be entitled to require compensation for the damage and any additional expenditures incurred as a result.
(3) If the delivery is impossible due to an incomplete or erroneous delivery address Werbepartner Renz shall be entitled to charge the full amount of the order.
§5 PAYMENT
The purchase price shall be due within 10 working days upon submission of the order and be paid via bank transfer or credit card. Werbepartner Renz shall reserve the right to exclude payment methods in exceptional cases. Payments shall not considered to have been made until they are finally and fully available in Werbepartner Renz´ account.
§6 RETENTION OF TITLE
(1) The delivered good shall remain property of Werbepartner Renz until the agreed-upon purchase price has been paid in full. The customer shall be obliged to handle the delivered products with care until transfer of ownership.
(2) The customer must immediately notify Werbepartner Renz in case of levy of execution, insolvency, damage or loss of the delivered products.
(3) In an event of culpable violation of aforesaid duties on part of the customer Werbepartner Renz shall be entitled to withdraw from the contract after a fruitless expiration of an adequate period of grace.
§7 WARRANTY
(1) The customer shall be obliged to indicate apparent defects immediately or – at the latest – within one week after delivery to Werbepartner Renz in writing. Failure to observe this time limit shall void respective warranty claims. Defective products must be kept in the condition in which they were when the defect was determined and held ready for inspection by Werbepartner Renz. Transport damage is to be reported directly to the transport carrier (e.g. parcel service or shipping agent).
(2) If the delivered products are defective or do not fulfill the advertised properties, Werbepartner Renz will under the exclusion of any other warranty claims repair or replace them at its discretion. If the repair or replacement fails after a reasonable period of grace, the customer shall be entitled to choose reduction of the purchase price or withdrawal from the contract.
(3) Model and colours of products are subject to change.
§8 RETURN
(1) The customer has the right of return according to §8 (2) and (3) if ordering products as a consumer from Werbepartner Renz via phone, internet or in writing. This right does not apply to products manufactured or personalized to customer specifications!
(2) Right of return
The customer may return the delivered products without stating any reason within a period of two weeks by sending back the products. The period commences upon receipt of this instruction in text form (including but not limited to a letter, fax or e-mail) but not before receipt of the products. Only in the case of products that cannot be sent as a package (including but not limited to bulky goods) the customer can also send back the products by means of a demand for retraction in text form. The deadline is deemed to be met once the products or the demand for retraction have been dispatched on time. In any event the products are returned at the cost and risk of the customer. The products or demand for retraction must be sent to:
Werbepartner Renz
Leinfelder Straße 60 (BusinessPark)
70771 Leinfelden-Echterdingen
Deutschland
(3) Consequences of return
In the event of an effective return, the payments received on both sides must be returned and any benefits derived (including but not limited to benefits from use) must also be returned. In the event that the goods have deteriorated, compensation for value can be demanded. This does not apply in the event that deterioration of the goods is solely attributable to their inspection, as it could be the case e.g. in a retail store. Otherwise the customer can avoid the duty to compensate for value for the deterioration of the goods put to its intended use by not using the goods as an owner and by ceasing all activities that reduce the value of the goods. Obligations to refund payments must be met within a period of 30 days. For the customer, the period commences upon sending back the goods or upon the demand for retraction, for Werbepartner Renz, the period commences upon receipt.
§9 LIABILITY
Claims for damages due to positive breach of contract, culpa in contrahendo and tort are excluded both against Werbepartner Renz and against its vicarious agents, provided the damage has not been caused by intent or gross negligence. In any case, claims to damages are limited to the value of the customer´s order.
§10 SET-OFF
The customer shall only be entitled to a right of set-off or retention provided that his counter claims have been judicially determined or are uncontested.
§11 PRIVACY
Werbepartner Renz will collect, store, process and transmit personal data of the customer in the course of processing orders in compliance with legal data protection regulations. It will only be passed on to third parties if this is necessary to process an order.
For further information please see: Privacy statement
§12 MISCELLANEOUS
(1) Modifications or enhancements to the General terms and conditions shall only be valid in writing. This shall also apply to revocation of the written form.
(2) Should any provision of the general terms and conditions be or become invalid, this shall not affect the validity of the of the remaining provisions of the general terms and conditions.
(3) The laws of the Federal Republic of Germany shall apply to this contractual relationship to the exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods).
(4) The place of jurisdiction for all mutual claims and obligations, also for claims with regard to bills of exchange and cheques, for traders, legal entities of public law and public-law special funds shall be Nürtingen, Germany.
Date: November 2011
German version authoritative only!