General Terms and Conditions
I. General information
1. The following general business relations apply to contractual relations between the company Frank Elbrächter Handelswaren, hereinafter referred to as "EHAWA", and commercial customers, foundations and authorities, hereinafter referred to as "customers".
2. Any deviating agreements shall only apply if they have been agreed in writing. Deviating conditions of the customer shall not become subject matter of the contract even if they are not expressly contradicted.
II. Conclusion of contract
The goods displayed in our online shop do not represent a binding offer. The customer's order represents a binding offer. A contract is concluded by our order confirmation, but not by the confirmation of receipt of the order, or by the delivery of the goods. If the customer does not receive an order confirmation within three working days, he can withdraw from his contract offer.
III. Prices
Our prices are net ex warehouse Leopoldshöhe, plus german value added tax. The prices confirmed with the order confirmation apply.
IV. Payment
1. The payment is made by advance payment by bank transfer or Paypal. In addition, cash payment is also possible for self-collection. Payments are to be made in Euro without any deductions.
2. If payment has not been made 14 working days after the order, EHAWA has the right to withdraw from the contract and cancel the order. The same applies in the case of self-collection if the customer does not collect the goods from our warehouse within 14 working days (with prior appointment) and pay in cash. We reserve the right to claim further damages.
3. If payment on account has been agreed with the customer, the payment amount is due upon delivery of the goods and is to be settled within ten working days at the latest by bank transfer to the bank account specified by us.
4. In the event of default of payment, we reserve the right to charge default interest at a rate customary in banking. Furthermore, we reserve the right to exclude customers from further deliveries on account in the event of default in payment.
V. Orders in the online shop
The minimum order value for orders in our online shop is 80,00 Euro net per order. The minimum order quantity per item is one packaging unit. The number of pieces per packaging unit is displayed for each product in the online shop. Errors and changes regarding product descriptions and prices are expressly reserved. We would like to point out in particular that colour displays on different monitors may differ. In addition, especially in the case of jewellery made of natural stones, there may be deviations in terms of colours, sizes and weight.
VI. delivery
1. Unless otherwise agreed, EHAWA chooses packaging, mode and route of dispatch at its best discretion.
2. The risk shall pass to the customer upon leaving the warehouse, even in the case of freight-free delivery. In the event of delays in dispatch for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for dispatch. EHAWA does not assume any liability for transport damages or transport delays.
3. Operational disruptions as well as the occurrence of unforeseeable events, which we cannot avert despite reasonable care according to the circumstances, entitle us to partially or completely withdraw from the contract.
4. In case of transport damages, these must be confirmed in writing upon acceptance of the goods. There is also the possibility of refusing acceptance.
VII. Reservation of title
The delivered goods remain the property of EHAWA until all claims of EHAWA against the customer have been fulfilled, even if the purchase price for specially designated claims has been paid.
VIII. Warranty and liability for defects
1. the quality and design of the products are determined by
a) for production on customer request
the samples, which will be presented to the customer for inspection by EHAWA upon request. The warranty for certain properties of the delivery item and for performance of moulds must be made in writing in the order confirmation.
b) for orders from the online shop or other online offers
the samples, which will be presented to the customer for inspection by EHAWA upon request. The warranty for certain properties of the delivery item and for performance of moulds must be made in writing in the order confirmation.
2. If EHAWA has advised the customer outside the scope of the contract, EHAWA is only liable for the functionality and suitability of the delivery item if an express written assurance has been given.
3. Colours of product images may vary on different monitors. In addition, there are deviations in terms of colours, sizes and weight, especially in the case of jewellery made of natural stones. Such deviations do not constitute a reason for a notice of defects on the part of the customer.
4. Complaints must be made in writing immediately, at the latest one week after receipt of the delivery. In the case of hidden defects, this period shall be extended to one week after discovery. In both cases, warranty claims shall become statute-barred six months after receipt of goods, unless otherwise agreed.
5. In case of justified notice of defects EHAWA is obliged to either repair or replace the goods free of charge. Should EHAWA fail to meet these obligations within a reasonable period of time, the customer shall be entitled to demand a reduction in price or to declare cancellation of the contract and demand reimbursement of additional costs (such as transport costs). Any further claims - regardless of their legal basis - are excluded.
6. Unauthorized reworking and improper handling shall result in the loss of all claims for defects. Only in order to avert disproportionately large damages or in the event of EHAWA's delay in rectifying the defect, the customer is entitled, after prior notification by EHAWA, to rectify the defect and demand reimbursement of reasonable costs.
IX. Limitation of liability
In all cases in which EHAWA is obligated to pay damages on the basis of contractual or legal entitlements, EHAWA is only liable to the extent that EHAWA, its executives or vicarious agents can be accused of intent or gross negligence. In the event of gross negligence, a merchant's claim for damages shall be limited to compensation for foreseeable damage.
X. Property rights
If EHAWA has to deliver according to drawings, models, samples or using parts provided by the customer, the customer shall be responsible for ensuring that the property rights of third parties are not infringed. EHAWA will inform the customer of any rights known to it. The customer shall indemnify EHAWA against any claims of third parties and compensate EHAWA for any damages incurred. In the event that the customer is prohibited from manufacturing or supplying by a third party with reference to an industrial property right belonging to the customer, EHAWA shall be entitled to suspend work without examining the legal situation.
EHAWA is entitled to copyrights and, if applicable, industrial property rights to the models, moulds and devices, drafts and drawings designed by EHAWA or by third parties on its behalf.
XI. Data protection
EHAWA is entitled to electronically store and further process the data provided to it by the customer. EHAWA is entitled to pass on customer data resulting from the contract documents or necessary for the execution of the contract to third parties, in particular to credit institutions and contractual partners, insofar as this serves the purpose of order processing. Data will not be passed on to unauthorized third parties. EHAWA will observe the valid regulations of data protection. The customer may at any time request information in writing about the scope and use of the data concerning him/her.
XII. Place of performance and jurisdiction
Place of performance for delivery and payment for both contractual partners is Leopoldshöhe. The place of jurisdiction is Detmold.
XIII. Final provisions
1. The law of the Federal Republic of Germany shall apply. The validity of the uniform international sales law is excluded.
2. Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. Instead of the ineffective provisions, the provision which the parties to the contract would have agreed upon, taking into account the meaning and purpose of the contract, if they had known of the ineffectiveness of the provision, shall take its place.
3. Any provisions deviating from these General Terms and Conditions of Business shall only apply if they have been expressly agreed in writing. Oral collateral agreements shall not apply.