Terms and conditions
§1 Extent of Validity
(1) The following terms of sale come into force for the business relations at the time of conclusion of the contract. We don't accept any different conditions of the customer, unless they have been expressly acknowledged by us in writing.
(2) These conditions of sale are valid to all future business dealings with the customer, as far as they concern legal transactions of related kind.
§2 Order and Contract Concluded
Provided that an order looks like an offer according to § 145 Civil Code, we can accept it by sending a confirmation of order within two weeks or by sending the ordered product within this period.
§3 Ceded documents
We keep the property rights and copyright for all documents (e.g. calculations, drawings etc.) ceded to the customer with the placing of order. These documents should be inaccessible to a third party, unless we have accepted it formally in writing. As far as we don't take the offer of the customer within the period marked in § 2, all our documents are to send back immediately.
§4 Prices and Conditions of Payment
(1) Unless anything to the contrary was agreed in writing, our prices are valid on “ex stock” items and include German VAT, but exclude the packaging costs, shipment costs and insurance costs. The cost for packaging, shipment and insurance costs will be invoiced separately.
(2) The payment of the order amount should be made on our account. The discount can be given only by us in writing.
(3) Unless otherwise stated in the order confirmation, full payment of the purchase price is due within 30 days upon receipt invoice. If the customer fails to balance an invoice shall be entitled to charge interest for overdue account at a rate of 8% about the basic rate. The assertion of any claims for damages in this respect is excluded.
(4) Unless otherwise stated the amount is to be paid via prepayment, to be transferred to our account or be paid by cash on delivery (by receipt of the parcel).
(5) If no fixed-price agreements are made, as reserves the right to make suitable price changes due to modified wage, material and sales costs for goods delivered 3 months or longer after the contract being closed.
§5 Offsetting of Payment and Rights of Retention
A right of set-off of the customer with counter claims as well as a right of retention is excluded, unless, it concerns indisputable or legally ascertained demands of the customer. This also counts by the assertion of defects.
(1) The start of the delivery period specified by us will be subject to all technical issues having been clarified and the customer having satisfied his obligations properly and in due time. The right to plead that the contract has not been fulfilled will be reserved.
(2) Should the customer be in default of acceptance, or should he be culpable of infringing other obligations to cooperate, we will be entitled to demand that the damage thereby caused to us, including any additional expenditure incurred, be made good. The right to make further claims will be reserved. Should the above conditions exist, the risk of accidental loss, destruction or deterioration of the object of sale will pass to the customer as of the time when the default of acceptance or debtor’s delay occurred.
(3) In the event of a delay on the part of us is entitled to demand compensation for each full week of delay 3% of the deliver amount of the invoice up to a maximum of 15% of the deliver amount of the invoice.
(4) Any further statutory claims and rights of customer because of a delay of delivery shall remain unaffected.
§7 Risk of Loss and Dispatch
If the goods are shipped to the customer on his request, the risk of loss or damaging for the goods is transferred to the customer at the latest when the goods leave the factory or the warehouse. This is valid no matter whether the product is sent from the place of fulfilment or who carries the shipment costs.
§8 Retention of title
(1) Ownership of the delivered goods will remain in ALVIDI until the full payment of the purchase price. This will also apply to all future deliveries, even if we do not always expressly refer to this fact. We will be entitled to take the goods back if the customer should act in violation of the contract.
(2) The customer will be obliged to handle the object of sale with care while its ownership of ALVIDI has not yet been transferred to him. The customer shall keep the delivered products subject to the reservation of title and insure them against robbery, theft,fire, water damaged and vandalism at his own cost. If the servicing and inspection work should take place, the customer has to make it on time at his own expenses. While reservation of ownership exists, the customer is prohibited from pledging or transferring ownership of the object of sale by way of security. He must inform us in writing without delay if the delivered object has been pledged or is exposed to any other kind of interference from third parties. As far as the third party is not able to refund the judicial and extra judicial costs of a complaint according to § 771 German Code of Civil Procedure, the customer sticks for the failure resulted to us.
§9 Warranty and notice of defects
(1) We guarantee that the goods are free from material and manufacturing defects at the time of transfer. The period of limitation for warranty claims is two years and start with receiving of goods. We are not liable for aptitude of the goods for specific purposes, deliberated by the customers . Obvious defects in the product should be controlled by customer. The customer should inform us about obvious defects within 4 weeks in written form.
(2) Should the delivered goods possess a defect, despite the greatest care on our part, we will have the choice of either rectifying the defect or supplying replacement goods. In case of the lack removal we are obliged to the substitute of the expenditures necessary for the purpose of the lack removal only in this respect when these do not increase by the fact that the purchase thing was spent to another place than the establishment of the customer. If the remedy fails, the Customer may under legal premises demand a reduction of the price or rescind the contract.
(3) The following shall not give rise to any claims based on defects: merely immaterial deviations from the agreed condition of the goods, merely immaterial impairments to their utility, natural wear and tear, or loss or damage that arises after the Risk has passed as a result of incorrect or careless treatment, overuse, unsuitable operating resources, defective building work, unsuitable building foundations or special external influences that are not requirements under the contract. In addition, if the Customer or a third party improperly (in a non-workmanlike manner) carries out maintenance work or modifications, then no claims based on defects may be made in respect of such work or modifications or the resulting consequences.
(4) The period of limitation for warranty claims is 12 month from dispatch.
§10 Return Policy / Revocation
(1) Customers have the right to revoke their order and return all products (revocation) within 1 month starting from the day of receiving the delivery, if they ordered the products with the communication devices (e.g. letters, catalogues, phone phone calls, tel-copies, e-mails, broadcasting company, teleservices and media services) The customer is not required to give any reason for the cancellation. It is sufficient to give notice of cancellation within the stated 1 month period. The timely sending of the goods is sufficient for time limit compliance. Please send your return to the following address: Alvidi Alexander Dick Vatterstr. 36 60386 Frankfurt am Main Tel.: 069-78078820, fax: 069-408 984 28 E-Mail: firstname.lastname@example.org
(2) The return policy is not valid by distance contracts
(a) for the delivery of goods which were made for customer specification or were added together from different components to the concept of the customer or were cut definitely for the personal needs of the customer or are not suitable for return due to their character.
(b) for the delivery of audio and video recordings or software, when the delivered mediums have been unsealed by the customer; if software is available in Internet, the return policy expires when the customer downloads it;
(c) which were concluded in the form of auction according to § 156 Civil Code.
(3) The customer is obliged by exercising the return policy to the return of the received products. The return takes place at our risk and our costs. We will send a return coupon for the free return of the product to the customer or arrange the free collection of the product by the Deutsche Post AG. The customer can explain a suitable pick up desired free of charge by phone, fax or e-mail under the given numbers or addresses. Not free occurring returns cannot be accepted. With an order value up to 40.00 € the return occurs at the expenses of the customer, unless the delivered product does not correspond in kind and amount of the ordered ones.
(4) The customer has to compensate for one by the designated use of the product resulted deterioration to worth substitute, unless, the deterioration is to be led back exclusively on the check of the product. The customer has to inform us about the usage and perform the compensation. If the product is deteriorated or lost as a result of ordinary negligence or accident the customer has to perform the compensation.
(5) The sale contract will be cancelled when the product was sent back and received by us. Payments for the product, exclusively the costs for the dispatch, insurance and packaging, already performed by the customer, will be refunded within 1 month after receiving the product.
(1) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract will be Frankfurt/Main.
(2) This contract and the entire privity of contract between its parties will be governed by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) Amendments and supplements to this contract must be made in writing. This will also apply to amendments to the clause stipulating the written form. Verbal agreements when the contract is concluded will only be effective if we have confirmed them in writing.
(4) If some regulations of the contract are or should be ineffective or contain a gap, the other regulations remain unaffected.
(5) The German version of this document is the sole authoritative version and prevails in case of conflict.