Terms and Conditions
Scope of the Contract
All goods and services delivered are subject to our general terms and conditions in the version applicable at the time the order is placed. These terms and conditions are available at www.geldfuermuell.de. These terms and conditions of business will be considered accepted no later than upon receipt of the goods. Any conditions stipulated the purchaser that are contrary to the terms and conditions of sale will only be accepted if in writing and approved of in advance.
Conclusion of the Contract
By placing an order, the customer offers to enter into a binding purchase contract with geldfuermuell GmbH. The purchase contract is concluded when geldfuermuell GmbH accepts this offer and provides confirmation through Email, fax, or via post within 7 calendar days or through consignment of the goods to the customer.
Delivery, Shipping Costs, Transfer of Risk
Delivery is carried out according to the individual shipping costs that are disclosed. All risks and perils are transferred to the customer once we release the goods to the authorized logistics partner and the customer is a business person according to the Commercial Registry. Partial deliveries are permitted. Partial deliveries of goods and services are considered to be separate contractual performance. The purchaser is obligated to extend the delivery period by 4 weeks in accordance with §326 Section 1 of the Civil Code if the original delivery date cannot be met.
Retention of Ownership Rights
We retain ownership rights of the goods until full payment of all outstanding or future payments relating to the business transaction are received. Retained ownership rights are used as collateral against the balance carried forward on open accounts. The processing or modification of the goods we deliver and of which we retain ownership is authorized by us without incurring liability for cost. The geldfuermuell GmbH shall retain part ownership rights of new products - in relationship to the original value of the merchandise delivered - when our merchandise is installed in other goods. The purchaser is authorized to process or sell the conditional goods during the normal course of business as long as he is not in default. The purchaser cedes to us in advance his payment rights for the resale of the conditional goods. The customer is not entitled to pledge or assign the goods as collateral. We are entitled to enforce our retention of ownership rights - in particular with regard to reclaiming ownership of the conditional goods - without rescinding the purchase contract in advance. The purchaser will be liable for the full cost of returning the goods. The goods cannot be used to offset current invoices or the cost of future deliveries. If the value of invoices due exceeds the value of collateral provided by the purchaser by more than 20% then demands made by the purchaser to release collateral will be settled at our discretion. If the purchaser should be deemed in default of his payment obligations then all outstanding payments will become due immediately.
We are entitled to cede our rights to claims from the business relationship to third parties. All payments received will go toward settling the oldest invoice first, regardless of other instructions given by the purchaser. If collection costs or interest expenses have accrued then payments received will be allocated first toward the collection costs, the interest, and thereafter used to settle the principal claim. The purchaser is entitled to offset, withhold, or reduce payment only if his counter-claims have been validated or are undisputed. If the purchaser defaults on more than one payment then the entire sum of outstanding payments becomes due at once.
Warranty of Empty Cartridges
We are not liable for production downtimes. We guarantee the replacement of returned merchandise only if the cartridges are still in original condition. The guaranty is no longer valid if the cartridges are used for production even once. Complaints made by merchants will only be considered if they are submitted within 10 days after the merchandise is received. The period begins with the delivery date. Empty modules that are defective must be returned to the geldfuermuell GmbH. Defective empty modules that are not returned will be invoiced.
The geldfuermuell GmbH will be liable for compensatory damages if the company or its vicarious agents are to blame for a positive breach of contract, unauthorized acts, negligence during conclusion of the contract, and malice or other incidents of gross negligence. The liability of the geldfuermuell GmbH is limited to the predictable damage for negligent breaches of substantial contractual duty.
If the purchaser completely or partially refuses delivery of the goods or if the contract cannot be concluded for reasons stipulated by the purchaser then the seller is entitled to compensation in the amount of 15% of the contract's value instead of payment. At this time the seller may also withdraw from the contract.
The contractual relationship is subject exclusively to German law most notably the Civil and Commercial Codes of law. Depending on our choice, our principal place of business or Frankfurt a. Main shall have jurisdiction for settling disputes if the customer is a business person according to the Commercial Registry or a legal entity as stipulated under public law.
Should any individual provision of this contract or any part of any provision is or become invalid, illegal, or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such case, the invalid provisions shall be replaced by provisions that are closest to ensuring the economic success of the provisions being replaced.