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| Terms of Business |
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- General
Only these Terms of Business (TOB) apply for the business relationship between berlinbag.com and the orderer. We hereby explicitly refute any deviations from these Terms of Business.
- Offer and conclusion of contract
The offers and specifications in our price lists, catalogues, advertisements, advertising records and Internet pages are always non-binding and subject to confirmation. We explicitly reserve the right to change the specifications contained within at any time. Acceptances and all customer orders are binding and require our confirmation in writing, by email or fax to become legally effective. Deliveries and invoices are deemed to have the same status as a written confirmation.
- Reservation of proprietary rights
We reserve the right of ownership of all delivered goods until the complete fulfilment of all the purchaser's obligations towards us. A pledge or cession by security at an earlier stage is not allowed. If third party violations have been found, this must be reported to us immediately. The purchaser is also obliged to safeguard the property of the seller if the supplied goods are intended for third parties and not directly for the purchaser. The purchaser must indicate this reservation of proprietary rights to the recipient. The purchaser is obliged to maintain the goods for which this applies.
- Reservation of right of change
Articles are sold as per sample or depiction. There is no right of delivery of the actual samples unless this has been agreed upon in a separate agreement during the conclusion of the contract. Possible slight colour deviations between the depictions on the web pages and the article are due to typographical reasons and do not constitute a defect.
- Delivery times
If the seller cannot adhere to the binding delivery deadline agreed upon, the purchaser must allow for an adequate additional respite - starting with the day of receipt of the written notification of delay by the purchaser or, in case of a calendar-based delivery deadline, on the expiry of this deadline. If the seller does not deliver within this set additional delivery period, the purchaser is entitled to withdraw from the contract. In case of exceptional interruptions to the business operations of the seller or his suppliers due to circumstances beyond his control or cases of force majeure, we have the right to postpone the delivery or performance for the duration of the delay plus an appropriate start-up time or withdraw from the contract in part or in full due to non-performance. If the delay exceeds three months, the purchaser, after having set an appropriate additional respite, has the right to withdraw from the contract due to non-performance. If delivery is delayed or if we are freed from our delivery obligation, the purchaser has no right to claim for damages. We always have the right of partial performance or partial delivery. A period of delivery possibly agreed upon starts with the receipt of the order confirmation or order by the orderer and the possibly agreed upon prepayment with berlinbag.
- Prices
The respective displayed prices apply plus the transport and packaging costs, which amount to EUR 6.90 within Germany - unless specified otherwise. The transport and packaging costs for international consignments can be found in our dispatch info.
- Payment
Payments for orders must be made in advance, unless this has been specifically and explicitly agreed upon otherwise. Automatically payment procedures are initialised on the date of the order. If a purchase on account is agreed upon, this order must be paid in full on delivery, unless agreed upon otherwise. Despite possible contradictory terms of business of the purchaser, we have the right to first set off payments against any possible older debts by the purchaser. If additional costs and interest have accumulated, we have the right to first set off the payments against the costs, then against the interest and, finally, against the principal service rendered. If the purchaser does not fulfil his contractual payment obligations or discontinues his payments or his credit worthiness is in question, we have the right to immediately request full payment of all open invoices or prepayments or securities.
- Acceptance delay
If additional costs are incurred in cases of delay of the acceptance of goods due to circumstances that the purchaser is responsible for, especially forwarding and storage costs, these will be charged to the purchaser. This also applies if the timely dispatch of the goods is not possible due to circumstances that the purchaser is responsible for, especially incomplete or incorrect address specifications etc. If the purchaser does not react or refuses to accept the consignment after an adequate additional respite or explicitly states his intention to refuse the acceptance of the goods, the seller can withdraw from the contract or claim damages due to non-fulfilment of the contract. The statutory regulations about the acceptance delay are not affected by this.
- Withdrawal
The seller need not deliver if the manufacturer has stopped the production of the ordered goods or in cases of force majeure, as long as these circumstances only eventuated after the conclusion of the contract and the seller is not responsible for the non-delivery and he can prove that he has attempted the acquisition of equivalent goods to no avail. The seller is obliged to inform the purchaser immediately of these above-mentioned circumstances. The seller has a right of withdrawal from the contract if the purchaser has supplied incorrect data about factors influencing his credit worthiness or if he has stopped payment or there is an application for a liquidation order or composition procedure, unless the purchaser pays the full amount in advance.
- Return of goods
In cases of withdrawal and the return of delivered goods, the seller has the right to claim compensation for expenses incurred, cession of right to use and value reduction. Transport costs are also included in the list of expenses incurred.
There is no right of return, as each bag is a unique item, specially and irrefutably manufactured in accordance with customer requirements. Therefore, each order to berlinbag.com is understood to be a production order.
- Trademark rights
If trademark rights of third parties are infringed upon during the production of goods made in accordance with samples, illustrations, photographs or other submittals by the orderer, the orderer releases berlinbag from all possible claims.
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