Sales,Delivery and Payment Terms
General Terms and Conditions (GTC) of EURO SOUVENIRS GmbH
- hereinafter referred to as the “Seller” -
1. Application
1.1. The scope of the Seller’s goods and services is regulated exclusively by the following GTC. Contrary conditions of the Buyer will not be recognized by the Seller.
1.2. The delivery conditions also apply if the delivery is performed unconditionally in knowledge of contrary conditions of the Buyer.
1.3. Contrary conditions of purchase of the Buyer only apply with the written consent of the Seller. Confirmation by the Buyer with contrary conditions is invalid.
1.4. If not regulated by these GTC, the content of the contract will follow the law of the Federal Republic of Germany, except for the United Nations Convention on Contracts for the International Sale of Goods.
2. Contract Conclusion
2.1. Offers of the Seller are non-binding. Offers of the Buyer are binding until they are rejected by the Seller, though, at the longest, until the 8-week acceptance period expires. A contract will be concluded through the Seller’s acceptance (order confirmation) and based on its content or by delivering/providing the goods or services within the acceptance period.
2.2. Field service staff/agents of the Seller are authorized to accept orders, but not to conclude purchase contracts.
2.3. If the Buyer cancels a placed order before its delivery, the Seller may invoice the costs incurred to the Buyer.
2.4. Individual agreements concerning delivery times, prices or assured characteristics and deviations from our GTC must be issued in written form to be effective. This requirement cannot be waived.
2.5. Form, colour, size and performance specifications as well as depictions are mere approximations and non-binding, unless expressly specified as binding. Differences in quality, weight, form, size and colour are inevitable and do not represent defects.
3. Delivery, Returns and Problems with Orders
3.1. The Seller will provide freight-paid deliveries per order, delivery date and unloading point:
- For orders exceeding (net) EUR 1,000.00, within Germany, except for deliveries to islands.
- For orders exceeding (net) EUR 2,000.00, free of charge outside of the German border.
3.2. Deliveries of remaining stock and special prices that differ from the Seller’s normal catalogue prices will be provided freight collect and ex works Gerhardshofen, Germany.
3.3. Orders must have a minimum value of (net) EUR 200.00.
3.4. The Seller will add a minimum quantity surcharge of EUR 5.95 plus VAT to orders lower than the required minimum value.
3.5. The transporter will be selected at the Seller’s discretion. Deliveries will be made for the account and at the risk of the Buyer, including for carriage paid deliveries. If the Buyer requests a specific transporter or shipping method (e.g., express delivery), the Buyer must bear any additional costs.
3.6. Packaging is not billed and cannot be returned.
3.7. The Seller may provide partial deliveries at any time. The delivery conditions for the order will remain valid for partial or subsequent deliveries.
3.8. Stated delivery periods are non-binding. Claims to compensation for damages or other claims based on late delivery are excluded, even after a grace period granted by the Buyer.
3.9. Complaints regarding orders can only be processed within 8 days of receipt of the goods. Transport damage must be reported to the transporter immediately upon receipt of the goods. The Seller will not accept non-free returns.
3.10. If ordered goods are not accepted by the Buyer or cannot be delivered, any costs incurred by returning the goods must be borne by the Buyer.
3.11. Orders with legitimate complaints will be replaced or refunded. Compensation will be chosen at the Seller’s discretion. There is no entitlement to a refund.
3.12. Items less than (net) EUR 2.00 in value are excluded from complaints.
3.13. For custom-made products, over- or under-deliveries of up to 15% of the ordered quantity may occur. Over-deliveries within these tolerances will not be taken back and will be charged at the agreed prices. In principle, there is no entitlement to subsequent production in the event of under-delivery within the tolerances.
4. Prices
4.1. Prices are stated in (net) EUROS without VAT. Invoicing is performed based on the prices valid on the day of contract conclusion. These prices are listed daily on our online shop, www.euro-souvenirs.de.
4.2. Prices on price lists and in catalogues and advertisements of the Seller are non-binding and are only agreed once the order is confirmed in writing. The Seller’s currently valid prices may be found on the Seller’s website at www.euro-souvenirs.de.
4.3. Unless specified otherwise, prices are stated per unit.
4.4. Granted discounts and freight cost reimbursement will not be provided in case of court or out-of-court claims settlement proceedings, insolvency or payment default by the Buyer exceeding 2 months.
5. Payment Conditions
5.1. Invoices must be settled without deduction within 30 days of the invoice date.
5.2. For deliveries requiring advance payment, cash on delivery, direct debiting (SEPA direct debiting) or down payments, payments will be received when the Seller may fully dispose of them.
5.3. In case of default by the Buyer, all claims against the Buyer will become due immediately. The same applies if the Seller learns of circumstances that draw the Buyer’s creditworthiness into question.
5.4. Unjustified deductions will not be accepted by the Seller and full payment will be demanded.
5.5. If a payment deadline is exceeded, the bank’s standard default interest will be charged.
5.6. The Seller’s field service partners (agents) may only collect debts with corresponding authorization.
5.7. The Buyer may not assign claims to third parties without our written authorization.
5.8. For custom orders, the Seller will charge an advance payment of 50% of the net value of the goods. This advance payment must be paid before production starts and will be due immediately.
6. Title Retention and Rights to Image Material
6.1. Until they have been fully paid, including any ancillary claims, title to delivered goods will remain with the Seller.
6.2. Furthermore, the Seller will provide deliveries subject to extended retention of title. Goods may not be pledged or used as collateral. In case of imminent attachment, arrest or insolvency proceedings by third parties, the Buyer must notify the Seller without undue delay and secure the goods to which the Seller retains title against seizure. Should the Buyer fail to do so, the Buyer, or in the case of legal entities their legal representative, will be personally liable for any adverse effects suffered by the Seller.
6.3. The Buyer must assign to the Seller in advance any claims from the resale of goods and must disclose the name and address of the Buyer’s customers without undue delay if requested. The Seller may disclose the advance assignment to and collect the corresponding claims from these customers.
6.4. Documents, item information, photographs and objects, such as drawings, texts, logos, depictions, image/video recordings, samples or models (hereinafter referred to individually and jointly as “material”) provided to the Buyer, will remain the property of the Seller.
6.5. By purchasing goods from the Seller, the Buyer will acquire a non-exclusive licence to use free of charge the material provided for sales purposes. This licence is limited to the term of the business relationship. The provided material is protected by copyright and is the property of the Seller. This licence does not include adaptation rights or the right to grant sublicences to third parties.
7. Place of Performance and Place of Jurisdiction
7.1. The place of performance and the place of jurisdiction for both parties is Neustadt an der Aisch, Germany, if the Buyer is a merchant in the legal sense. The same applies to any dunning procedures.
7.2. The contractual relationship is governed by German law. The Vienna Convention of 14 April 1980 or United Nations Convention on Contracts for the International Sale of Goods do not apply.
8. Online Dispute Resolution
The EU Commission established an Internet platform for online dispute resolution (ODR platform) for consumer matters (online purchase contracts and / or online service contracts). This platform offers a point of contact for out-of-court resolution of such disputes. This platform may be accessed at the following link: http://ec.europa.eu/consumers/odr. The Seller is neither willing nor required to participate in dispute resolution with a consumer arbitration board.
9. Partial Ineffectiveness
Should a provision of these GTC become ineffective because of a legal infringement, this will not affect the effectiveness of the remaining provisions.