) Terms of contract
All our deliveries are subject to our General Terms and Conditions. General terms and conditions of business of the customer deviating from these terms and conditions are not valid, subject to written consent.
2) Condition of the contract
A) The order is a binding offer. We may accept this offer, within two weeks, by sending an order confirmation, or by sending the ordered goods to the purchaser within this period.
B) The contract shall be concluded exclusively in accordance with. The written description of goods / execution in the order / order confirmation. The execution of the individual goods is of medium type and quality, in particular, the properties of an object possibly transmitted before the conclusion of the contract are deemed not to be secured. Sections 494,495 BGB are expressly excluded.
C) An order can be recalled within 7 days. Costs incurred for production and preparatory work incurred up to this time shall be charged to the customer.
3) Third party rights
On behalf of the customer, our products can be specially designed, printed or marked with other technical processes. If the Purchaser submits his own templates for this design, he is responsible for the fact that these templates are free of third party rights. In particular, he has to ensure that the use of the documents and the design of our products caused by them are not contrary to legal requirements (for example, the law against unfair competition, trademark law). If the use of the documents submitted by the recipient violates statutory provisions, the purchaser is obliged to compensate us for the costs incurred by us. All logos or brand names displayed on this Internet site are for demonstration only. The rights of the respective logos or brand names lie exclusively with the copyright holders.
A) All our prices are without the statutory value added tax and unless otherwise stated in the order confirmation from our place of business.
B) Delivery is effected free of charge from our place of business in a shipment form of our choice.
C) Our invoices are due for payment without deduction within 10 days from date of invoice. We reserve the right to deliver to new or foreign customers only against prepayment. If the purchaser is in default of payment, we are entitled to demand interest on arrears amounting to 3% above the respective discount rate of Deutsche Bank. If we are able to prove arrears, we are entitled to assert them.
D) We reserve the right, in the case of contracts with an agreed delivery period of more than 4 months, to increase the prices according to the increased costs incurred due to increases in labor costs or material prices. If the increase exceeds 5% of the agreed price, the customer has the right to cancel.
E) The customer is entitled to set-off rights only if his counterclaims have been legally established, undisputed or acknowledged by us. F) Prices and qualities given on the Internet are without guarantee.
A) We reserve the right to make partial deliveries as long as this appears to be advantageous for speedy processing. The partial deliveries and the calculated partial deliveries are to be regulated within the scope of our payment terms.
B) The dispatch is always at the expense and risk of the customer, unless otherwise agreed. The risk shall pass to the purchaser with the transfer of the goods to the transport manager (post office, railway or freight forwarder, etc.).
C) Labor disputes, war, celebration, soviet measures, natural catastrophes, traffic disturbances, disturbances in the supply of energy or raw materials and other cases of force majeure, ie exceptional events which we are not responsible for contract.
D) The orderer shall not be entitled to withdraw from the contract due to non - compliance with the delivery period unless he has set a reasonable period of grace of at least 4 weeks in writing, unless a fixed delivery date has expressly been agreed or the customer proves that He is no longer interested in the delivery due to the delay. Any claims for damages in the event of the delay in performance and the impossibility which we are responsible for, insofar as they are based on slight negligence on our part, shall be limited to 50% of the foreseeable damage, up to a maximum of the purchase price. Compliance with the delivery period requires the timely and proper fulfillment of the customer's obligation.
E) Delivery delays due to a delayed (> 24h) release of designs or samples, delayed receipt or absence of the advance payment or changes to designs and samples are not to be represented by us even with a fixed Termintusageage (Fixtermin). No claims can be made.
F) We reserve the right to offer our company names on the back or at a suitable place of the articles delivered by us. We also reserve the right to make further use of the products manufactured in the customer's order as samples or for advertising purposes.
A) Obvious defects must be reported to us in writing within 8 days after delivery. Not obvious immediately after their determination, but at the latest up to the expiry of 2 months since delivery.
B) Small color variations are technically and not always to be avoided.
C) If we have a defect (see points d and e) for which we are responsible, we are entitled at our discretion to remove the defect or make a replacement delivery. If the defect removal or the replacement delivery fails, or if we are not ready for or unable to rectify the defect or replacement delivery, or if this delay is delayed beyond reasonable time periods, for reasons which we are responsible for, the customer is entitled to terminate the contract Convert or reduce. Any excess claims on the part of the customer, in particular claims for damages, including those for loss of profit or other damage to the purchaser's assets, shall be excluded.
D) Our products are individual products, which are produced according to customer requirements. For this reason there is no right of return. Unpaid consignments will not be accepted. Our products are delivered in high quantities. A defect of a single part or up to 10% of the delivered quantity does not entitle the purchaser to claim for reduction or disposal. From an incorrect quantity (according to point e) of more than 10% of the delivery, the number of faulty products can be reduced. A claim for elimination of the defect (according to point e), new delivery or reduction of the entire order is possible only from a faulty quantity (according to point e) of more than 50% of the total delivery. Faults must be occupied by the faulty parts. Defects caused by improper use of the products can not be complained. The correctness of the submission (spelling, colors, arrangement) and execution of the product will be sent in advance by sending a draft and possibly a digital sample. Errors that can be seen on designs and samples and still be released can not be criticized.
E) Cookie cutter products are made of plastic or stainless steel, stainless steel molds are subject to natural variations in shape, color and design. Minor changes in form, color, design and size of the articles are not always avoidable in terms of production technology and therefore do not entitle the purchaser to objection.
Faults to be represented by us are: Coarse deviation from form (> 1cm), execution and arrangement of the form to the approved design or pattern, which do not serve to improve the final result. Coarse color deviation +/- 30 steps of the Solid coated Pantone table to the ordered color.
F) If a contractual obligation is violated, our liability in the case of negligence is excluded, in case of willful intent and gross negligence is limited to the damage that typically arises in transactions of a questionable nature.
7) Proprietary reservation
A) We retain title to the delivered goods until the payment in full of all claims arising from the business relationship, even in the future, even if payments are made for certain designated goods. Goods subject to retention of title may only be sold in regular business transactions if it is ensured that the receivables from the resale are transferred to us and the retention of title is passed on to the customer by the purchaser. The Purchaser shall already assign to us the claims arising from the resale or from the other use of the goods with ancillary rights. The authorization to resell is revocable at any time. The purchaser shall be obliged to give us in writing the customer of the reserved goods upon request.
B) Actual or legal access by third parties to the reserved goods, as well as their damage or loss, must be communicated to us immediately in writing; In the case of attachment, the attachment protocol or the attachment order must be submitted to us. Costs for necessary interventions by us shall be reimbursed by the Purchaser.
C) Despite the assignment, the buyer is entitled to collect the assigned claim by us at any time possible. It is obliged to keep the amounts involved separately and to hand them over to us immediately. At our request, the purchaser is obliged to communicate the assignment to the third party and to provide us with the information and documents required to assert our rights.
8) Jurisdiction and place of performance
A) The terms of the contract are exclusively subject to the law of the Federal Republic of Germany. The application of international purchase law is excluded.
(B) the place of jurisdiction for full-time merchants, for persons who do not have a general court of jurisdiction within the country, and persons who have moved their place of residence or habitual abode abroad after the conclusion of the contract or whose domicile or habitual abode is not known at the time of the appeal Villingen-Schwenninngen.
C) The place of performance is the place of business in Villingen-Schwenningen.
9) Content of the Internet presence
TopLace.de assumes no guarantee with regard to the content of its Internet presence and the accuracy, accuracy and availability of the presented articles. All displayed articles are for demonstration only; exact replication of the presented articles can not be guaranteed. TopLace.de reserves the right, at any time, to completely or partially change the contents of its Internet presence, or temporarily or permanently discontinue them.
10) Severability clause
Should one of the clauses be or become ineffective, the validity of the contract will not be affected. Verbal verbal agreements are not made and require the written confirmation to be effective.