FAVOURABLE TERMS AND CONDITIONS OF DELIVERY AND PAYMENT

Orders are only binding following successful written confirmation. In the event of immediate delivery, the invoice shall be considered to be order confirmation.
An amendments rate to the amount of EUR 25 will be charged for any changes to and cancellation of orders.
For a value of goods greater than EUR 25,000, written confirmation must be received from a managing director, an associate authorized to manage the company or an authorized signatory.
All prices are understood to exclude the legal value added tax applicable on the date of invoicing.
Invoices require payment upon receipt of order, unless otherwise agreed.
EU: Deliveries are delivered free of packaging/freight charge, CPT! Other countries: Deliveries are delivered FOB Hamburg, Germany. A flat rate postage and packaging charge is applied for a value of goods of less than EUR 500.
A flat rate freight component may be charged for the delivery of mattresses, slatted bed frames and beds.
Mattresses, slatted bed frames and beds are delivered without distribution to the rooms or floors.
Insurance and the risk of dispatch are borne by the buyer in accordance with the Standard Conditions of the German Textile Industry. Insurance is only taken out at the express request of the buyer. The seller will charge for packaging if shipping is done in crates or in special packaging.
The goods delivered by us remain our property until full payment of the obligations arising from our business relationship. If settlement is done by means of acceptance, bills receivable or cheque then the reservation of ownership continues to apply until the redemption in full of the said acceptances, bills receivable or cheques. If the goods are sold before full payment has been made to us then all receivables from this sale will pass to us. Incoming amounts must be paid to us immediately. Pledging of the goods or the claim or their use as a security for the benefit of third parties is prohibited before payment for the goods. We undertake to release the securities we hold, at our option and upon request by the buyer, in accordance with the preceding provisions provided that their value exceeds the claims to be secured of 20 % or more.
If the buyer‘s financial situation deteriorates significantly after conclusion of the contract or if such a financial deterioration exists before conclusion of the contract and the seller only becomes aware of this financial deterioration after conclusion of the contract then the seller is entitled to demand prepayment of or an advance security on the purchase price.
In the event of a significant deterioration in the buyer‘s financial situation the seller has the right, subject to all other rights, to withdraw in full or in part from all contracts.
The buyer must check the goods supplied immediately after delivery, even if they are packaged.
Claims for visible defects must be submitted within a week of delivery, claims for hidden defects must be submitted within a week of their discovery. The complaint must be submitted in writing and must describe the complaint in a verifiable manner. The use of the goods is considered to be approval, a complaint may not then subsequently be submitted for visible defects.
Standard or small, technically unavoidable differences in the material, colour, width, length, weight, finishing or the design may not give rise to a complaint.
The sizing information consists of approximate dimensions before washing. The weight information is approximate information.
The buyer is obliged to accept even items which are slightly flawed but which are entirely usable up to an amount of 10 % of the total delivery with an appropriate price reduction on orders with weaving requested by the buyer.
In the event of a justified complaint, the customer may demand the rectification of the defect. The supplier is entitled to supply fault-free replacements instead of rectification. The supplier is entitled to refuse to rectify the defect if it would require a disproportionate amount of effort.
Dirty and washed goods and order-specific designs, e.g. tablecloths made from plain or all-over patterned fabrics, products with weaving and embroidered items cannot be taken back or exchanged! Do not chlorinate textile products with embroidery and decorative stitching.
For orders with weaving, we must reserve the right to make excess or short deliveries of approx. 10 % of the order volume.
A coupon surcharge of 10 % will be charged for delivery of yard goods below a quantity of 30 m. Only full numbers of meters are available.
The buyer may set a deadline of four weeks for the rectification of a defect by registered letter with the declaration that, upon expiry of this period, it rejects the rectification of the defect. The deadline can be set from the discovery of the defect at the earliest.
After expiry of the deadline, the buyer may demand annulment of the contract (redhibition) or a reduction in the remuneration (reduction) if the defect has not been rectified in a timely manner. Claims for rectification of the defect are then excluded.
Liability for consequential damages is excluded unless we or our vicarious agents have acted with intent of gross negligence. The same applies for liability for damage in transit.
The buyer is required to give notice of the risk of consequential damage immediately.
The return of rejected goods by the customer must occur free of charge and requires our prior consent. If the complaint is justified then the shipping costs will be reimbursed.
Postage and packaging costs will not be reimbursed in the event of returns and exchanges. Shipments which are returned with postage unpaid will not be accepted.
Shipping costs will be charged for the replacement of mattresses, slatted bed frames and beds.
Justified complaints do not grant any right of retention with regards to the total purchase price for the delivery, only to the amount of the value of the defective parts.
If the seller is hindered in the fulfilment of its obligations by the occurrence of unforeseeable exceptional circumstances which it is not able to prevent despite reasonable diligence in relation to the nature of the circumstances – regardless of whether they occur at the seller‘s facility or with its sub-supplier – e.g. operational disruptions, interventions by the authorities, delays in the delivery of essential raw materials, problems with energy supply, strikes or lockouts, the delivery period will be extended, if the delivery or service does not become impossible, by a reasonable period. If the delivery or service becomes impossible as a result of the circumstances mentioned above then the seller is freed from the obligation to deliver. If the delivery period is extended in the cases referred to above or if the seller is freed from its obligation then the buyer will not be entitled to make any claims for damages and rights of withdrawal resulting from this. The seller is required to inform the buyer of the occurrence of exceptional circumstances immediately once the exceptional circumstances have continued for three days without a break.
If the seller is late with the delivery, the buyer must grant a grace period of four weeks for delivery.
The grace period for delivery can only be established after expiry of the delivery period and is calculated from the day on which the buyer‘s notification is dispatched.
The buyer must provide notification, in which it sets the grace period for delivery, by registered letter.
Claims for damages by the buyer or withdrawal from the contract in relation to the grace period for delivery are excluded.
Verbal subsidiary agreements are not valid.
Our consultants have authority to collect only on presentation of a special written authorisation.
The place of business dealings is Vilsbiburg.
Landshut is agreed as the place of jurisdiction.
German law applies for all orders placed with us. With regard to foreign buyers, the application of the Uniform Law on the International Sale of Goods dated 17/7/1973 is excluded. If the text of the contract exists in more than one language, the German version is definitive.
All agreements and offers are based on our terms and conditions. They are accepted upon placement of an order or acceptance of a delivery. The buyer‘s differing terms and conditions which we have not expressly recognized in writing are not binding for us.
If any individual clauses of these terms and conditions are or become invalid in whole or in part, this does not affect the validity of the other clauses or the other parts of the clause. The statutory provisions take the place of the invalid clauses.