TERMS OF SALE AND DELIVERY
Replace previous terms of sale and delivery
I. General information
a) blingberlin design GmbH is only liable under the following conditions. Deviating conditions of the buyer do not apply even if they have been received by blingberlin design GmbH later and this has not contradicted you. blingberlin only recognises deviating conditions if this has been expressly confirmed by blingberlin in writing. All ancillary agreements require written confirmation.
b) With the publication of the new price list the previous one loses its validity.
a) Offers are binding. Orders will be considered in the order of their receipt. For delivery and the related delivery dates, a concrete order or a possible written order confirmation of blingberlin design GmbH is decisive.
b) We reserve our ownership, copyright and other proprietary rights to all illustrations, calculations, drawings and other documents. The purchaser may only pass these on to third parties with our written consent, irrespective of whether we have marked them as confidential.
III Terms of payment
a) Prices are in Euro without VAT. This is added at the statutory rate in each case.
b) The prices are ex warehouse Berlin and do not include transport, insurance and similar services.
c) The purchase price is to be paid after receipt of invoice without deduction. Unauthorized deductions will continue to be demanded. A discount deduction is only permitted in the case of a special written agreement between us and the buyer. If the buyer does not pay 30 calendar days after expiry of the term of payment stated on the invoice, blingberlin design GmbH is entitled to withdraw from the contract and demand compensation for non-performance without a reminder or grace period.
d) If the buyer is more than 2 weeks in arrears with the fulfilment of his payment obligations to a considerable extent, for a reason for which he is responsible, the entire claim shall become due, even if bills of exchange with a later due date are outstanding or instalment payment agreements have been made. During the period of default, interest shall be charged on the outstanding claim in accordance with statutory provisions. blingberlin design GmbH can prove a higher damage and the buyer a lower damage within the scope of the consumer credit law.
e) Payment shall not be deemed to have been made until we have the amount at our disposal. In the case of payment by cheque, payment shall not be deemed to have been made until the cheque has been credited.
f) blingberlin is entitled, despite other terms of payment of the buyer, to set off payments first against his oldest open items.
g) Complaints about invoices must be made in writing and at the latest within 14 days after receipt of the invoice.
h) The withholding of payments or the offsetting due to any counterclaims of the purchaser which are disputed by blingberlin and are not legally binding is not permitted.
a) Shipment shall be effected exclusively on the basis of the respective agreement reached between the parties. Transport damages are to be reported to blingberlin immediately.
b) Transport insurance can be taken out at the buyer’s request and expense. Post parcels are insured up to a value of Euro 500.00 per parcel.
c) The delivery periods stated by blingberlin design GmbH are binding, but can be exceeded by up to 4 weeks without further legal consequences. If a delivery period is exceeded by more than 6 weeks, the buyer has the right to set a reasonable grace period. After expiry of the grace period, both contracting parties may withdraw from the contract. Claims for damages are excluded, except in cases of gross negligence by blingberlin or a vicarious agent.
d) Cases of force majeure – circumstances and occurrences which cannot be prevented with the care of proper management – suspend the contractual obligations of the parties for the duration of the disturbance and to the extent of its effect. If the resulting delays exceed the period of six weeks, both contracting parties are entitled to withdraw from the contract with regard to the scope of services concerned. No other claims exist.
e) In the case of delivery on call, the buyer must call off the objects of purchase within the individually agreed period. If the buyer does not comply with this obligation, the buyer has to pay blingberlin storage fees of 3 % of the total purchase price monthly, but at least monthly Euro 25.00. The buyer has the right to prove that the costs of the company Hüftgold are lower than the above lump sum, irrespective of the assertion of the actual costs incurred.
f) In the event that a delay in delivery for which we are responsible is due to a culpable breach of an essential contractual obligation, whereby a fault of our representatives or vicarious agents is attributable to us, we shall be liable in accordance with the statutory provisions with the proviso that in this case our liability for damages shall be limited to the foreseeable, typically occurring damage.
g) blingberlin design GmbH is entitled to make partial deliveries.
h) A collection of the goods is only possible in Berlin in exceptional cases and after prior written agreement with blingberlin. No rebates or discounts are granted. A collection of cardboard boxes is generally not possible.
i) If the buyer is in default of acceptance, we are entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the buyer culpably violates his duties to cooperate. The risk of accidental deterioration and accidental loss shall pass to the buyer upon the occurrence of default in acceptance or default in payment.
V. reservation of proprietary rights
a) The goods sold to commercial resellers remain the property of the seller until complete payment of all claims of blingberlin design GmbH against the buyer, in particular payment of the purchase price including incidental costs and any claims from other contracts, and in the case of payment by bill of exchange or cheque until they have been honoured, even if claims from other contracts have only arisen after delivery. In the case of current invoices, the reserved title shall be deemed security for the respective balance claims of the Vendor.
b) Ifblingberlin receives excess security as a result of the retention of title (cf. letter a) or b), it is prepared to limit the security to 120% of the amount of your claim.
c) The buyer may neither pledge the goods subject to retention of title nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, he must inform blingberlin design GmbH immediately.
d) The buyer has to grant blingberlin free access to the objects delivered by him under retention of title.
e) The assertion of the retention of title and the seizure of the goods by blingberlin shall not be deemed withdrawal from the contract, unless the Consumer Credit Act applies.
VI Transfer of risk, dispatch, packaging
blingberlin does not take back transport and all other packaging in accordance with the Packaging Ordinance; pallets are excluded. The buyer is responsible for the disposal of the packaging at his own expense.
a) Warranty claims of the purchaser shall only exist if the purchaser has duly fulfilled his inspection and notification obligations pursuant to § 377 HGB (German Commercial Code).
b) In the event of justified notices of defects, we are obliged to subsequent performance to the exclusion of the purchaser’s rights to withdraw from the contract or to reduce the purchase price (reduction), unless we are entitled by law to refuse subsequent performance. The buyer must grant blingberlin a reasonable period for subsequent performance. Subsequent performance may, at the purchaser’s option, be effected by rectification of the defect (rectification) or delivery of new goods. In the event of rectification of defects blingberlin design GmbH shall bear the necessary expenses, insofar as these are not increased because the subject matter of the contract is located at a location other than the place of performance. If the subsequent performance has failed, the buyer can either demand a reduction of the purchase price (reduction) or declare his withdrawal from the contract. Repair shall be deemed to have failed upon the second unsuccessful attempt, unless further attempts at repair are reasonable and reasonable for the purchaser on the basis of the subject matter of the contract. The buyer can only assert claims for damages on the following conditions due to the defect if the subsequent performance has failed. The right of the buyer to assert further claims for damages under the following conditions remains unaffected by this.
c). The warranty claims of the buyer expire one year after delivery of the goods to the buyer, unless blingberlin maliciously concealed the defect; in this case the legal regulations apply.
d) blingberlin design GmbH is obliged to take back the new goods or to reduce (reduce) the purchase price in accordance with the statutory provisions, even without the otherwise required period of time if the buyer’s customer as consumer of the sold new movable object (purchase of consumer goods) could demand the return of the goods or the reduction (reduction) of the purchase price from the buyer due to the defect of these goods or if the buyer is countered by a similar claim for recourse resulting therefrom. In this case blingberlin design GmbH is obliged to reimburse the purchaser’s expenses, in particular transport, travel, labour and material costs, which the purchaser had to bear in relation to the end consumer within the scope of subsequent performance due to a defect of the goods at the time of transfer of risk from us to the purchaser. The claim is excluded if the buyer has not properly complied with his obligations to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code).
e) The obligation according to section VII item 4 is excluded if it concerns a defect due to advertising statements or other contractual agreements which do not originate from blingberlin or if the purchaser has given a special guarantee to the end consumer. The obligation is also excluded if the purchaser himself was not obliged to exercise the warranty rights vis-à-vis the end consumer on the basis of the statutory regulations or if he did not give notice of defects vis-à-vis a claim made against him. This also applies if the buyer has assumed warranties vis-à-vis the end consumer which go beyond the legal measure.
f) The buyer’s claims for damages due to a defect become statute-barred one year after delivery of the goods. This shall not apply in the case of injury to life, body or health caused by the Vendor, its legal representatives or its vicarious agents, or if the Vendor, its legal representatives acted with intent or gross negligence, or if its simple vicarious agents acted with intent.
VIII Place of performance, place of jurisdiction and applicable law
a) Place of performance and jurisdiction for deliveries and payments (including actions on cheques and bills of exchange) as well as all contracts concluded between the parties is the registered office of the seller.
b) The contractual relationships shall be governed exclusively by the law applicable in the Federal Republic of Germany. The application of EU sales law is excluded.