1. Preamble: The Terms & Conditions laid out hereafter are binding for all transactions, present and future. Variants or oral additions must be fixed in writing. Other Terms & Conditions are not accepted, even if we do not object. The customer accepts our Terms & Conditions by placing his order. Consumers as named in these Terms & Conditions are natural persons without a commercial or professional activity with regard to the transaction with us. Commercial customers are persons or companies, who do a transaction with us with regard to their commercial or professional activity. A customer as named in these terms & conditions can be either a consumer or a commercial customer.
2. Contract: Our Offers are non-binding, wares are subject to prior sale. Our valid catalogues and price lists are part of the offer. Technical changes to form, colour, and/or weight are possible when reasonable. When ordering the customer declares bindingly to purchase the ordered products. We are entitled to accept the purchase within 2 weeks. The acceptance can be declared either by an order confirmation, or by supplying the ordered products to the customer. This is also valid for orders accepted by our travelling salesmen. Accepting an order does not bind us to accept futur orders on the same conditions. Prices are in Euro, value added tax will be charged additionally. They are non-binding and are valid for supply EX works, packing and transport charges will be charged additionally. We reserve the right to change prices, especially if there are price, tax or wage increases after purchase. Our packing materials will be charged at net cost price, and is reusable. Reducing the invoice amount by disposal fees is not allowed. For specific or personalized productions the supplied quantity may vary by 10% of the orderd quantity. An order cancellation is not possible, and the products cannot be returned. If we produce according to samples or drawings sent by the customer, the customer has to ensure those are free from rights of other persons or companies. If others raise claims, the customer is responsible and releases us from all claims and restitutions.
3. Supply and transfer of perils: All transports are made on charge of the customer. We use transports that are, to our knowledge, the most favourable. A transport insurance will be used only on the customers written demand, to his cost and on his name. For commercial customers, the transfer of perils takes place when the customer or the forwarder takes over the shipment. For consumers, the transfer of perils takes place when the products are delivered to him. Even if the customer delays the acceptance of the delivery, the transfer of perils also takes place.
4. Time of delivery: The time of delivery named in our order confirmation is non-binding, but calculated as to be realistic. They are based on the presumption that we will be correctly and timely supplied by our own suppliers. Damages due to delay are not allowed, only in case of gross negligence or deliberate intention. As we have many products it is possible that some are not on stock. We reserve the right to partial shipments. Unforseeable events or force majeure release us from the contract.
5. Invoice and payment terms: In agreement with the customer, Dreusicke sends an invoice as pdf-file to an e-mail-address given by the customer. When the invoice is not send by e-mail, it will be printed on paper and sent with the shipment or by mail. If the offer or our order confirmation does not say otherwise, invoices shall be paid within 30 days after invoice date. We reserve the right to cash on delivery. 2% discount may be deducted when paying within 14 days of the invoice date (except cod and commision processing). Payments by cheque, bill of exchange, or wire transfer are accepted as payment when the cheque or bill of exchange have been honored by the drawee. The overall retention of title remains until then. Fees and charges for late payments shall be paid by the customer. The customer may deduct own titles only if they have been lawfully confirmed, or have been confirmed by us in writing. A right of retention is accepted only if issued from the same contract. When the payment is delayed, the consumer pays interest 5% above the basic interest rate, the commercial customer 8% above the basic rate. We reserve the right to claim a more important delay damage towards the commercial customer.
6. Retention of title: Towards consumers we reserve the title on the products until the price of the products has been paid completely. Towards commercial customers we reserve the overall title on the products until all claims in a current business relationship have been paid completely. The customer must be careful with the products. If services or inspections are necessary, they shall be carried out on his cost. He shall prevent any seizure by third parties, e.g. in a levy of execution, and informs us of any damage or loss. He shall inform us of any change of owner or of adress. If the customer infringes on the contract, especially when delaying the payment or other provisions of these terms & conditions, we may retract from the contract and reclaim the products. The commercial customer may sell the products. He relinquishes us all claims amounting to the price of the products, that emane from the sale of the products. We accept the relinquishment. The customer has the right to collect the claims. We reserve the right to collect the claims ourselves when the commercial customer delays the payment to us. The processing of the products happens always in name and on order for us. If other products, not from us, are also processed, we acquire partial ownership on the new products, proportinately to the value of the processed products. This is also valid when other items are mixed.
7. Warranty: For commercial customers, for specifically produced or personalized products, and for used products, the warranty period is one year, starting with the delivery. For consumers, the warranty period is 2 years, starting with the delivery, except if the products are used or spefically produced or personalized. This is not valid if the customer does not inform us about deficiencies in good time. For commercial customers, the producer's product description determines the charactistics of the product. Public statements and advertisement by the producer are not part of the contract. When the assembly instructions are faulty, we are required only to supply an instruction without fault, and this only if a faultless assembly is possible only with a faultless assembly instruction. We do not give guarantees. Guarantees by the producer remain unchanged. For commercial customers or when the product is spefically produced or personalized, we can choose between repair or exchange of the product. Consumers can make that choice themselves, except if the product is spefically produced or personalized. We can refuse his choice in case it would cause unusual high costs, and the other choice would be without disadvantage for the consumer. When the faults persist, the customer can choose between price reduction or annulation of the purchase. When the faults are negligible, annulation is not possible. Commercial customers must send us a written message about faults within 6 work days, starting from the delivery, in order not to loose the warranty claim. Commercial users must prove the fault, the time of noticing the fault, and the sending of the message. Consumers shall send us a written message within 2 months after noticing the fault. Within this period we must receive the message, else the consumer looses the warranty claim, except if we acted in bad faith. The consumer has to prove the time of fault discovery. If faulty advertisement by the producer has induced the consumer to buy the product, he has to show it influenced his purchase decision. For used products the consumer must prove that it is faulty. When repair or exchange failed to remove the fault, and the customer chooses to retract from the purchase contract, he cannot claim any damages. When he chooses to claim damages after repair or exchange failed, the product remains at the customer, when this is acceptable. The damages are limited to the difference between value and price of the product. This is not valid when we acted in bad faith, or when the customer is a consumer.
8. Limitations on liability: For simple neglect of duties our liability is limited to the usual direct damage forseeable for this kind of product. This is also valid for simple neglect of duties by our representatives. There is no liability for simple neglect of insignificant parts of the contract towards commercial customers. The customer must himself test if the products are suitable for his application. These limitations on liability do not limit claims emanating from product liability. Customer's damage claims end after one year after delivery. This is not valid when we are to blame for gross fault. We are not responsible for the content of internet sites that is not under our care (external links).
9. Right of return: Catalogue products can be ordered for a 30 day test period. Within this period we accept product returns with the original packing and without traces of use. The price will be restituted. For products with traces of use, a partial price restitution is possible. Consumers can have the full price restituted if the use of the product was not unusual. Spefically produced or personalized products cannot be returned.
10. Places of fullfilment and jurisdiction, miscellaneous: The applicable law is the law of Germany. The UN-Purchase law does not apply. For export the German Export Trade Law applies. For commercial customers the sole place of jurisdiction is our office. This is also valid if the customer has no place of jurisdiction in Germany, or place of residence or office are unknown at the time of filing the suit. Place of fullfilment for delivery and payment is Berlin-Tempelhof. The customer agrees that his data in relation to the business relationship are stored according to the data protection law. Text and pictures in our internet sites, catalogues and flyers are owned by their respective proprietors, and may not be reproduced without consent.
Dreusicke GmbH & Co. KG - Rohdestraße 17 - D 12099 Berlin - Germany
- Telephone +49-30-755 06-0
Last Update 23rd of february 2017
Wilhelm Dreusicke GmbH & Co. KG - Rohdestraße 17 - D 12099 Berlin - Deutschland - Telefon 030/755 06-0
Letzte änderung 23.02.2017