General Terms and Conditions

 

I. Applicability

Our General Terms and Conditions are a component of every contract concluded with our company. The terms and conditions are acknowledged by the Purchaser when the order is placed. Deviating conditions and regulations set out by the Purchaser are only then binding for us when we acknowledge them expressly and in writing. They are applicable only for the contract for which they were agreed. Silence and execution of the order in no way constitute acknowledgement of the Purchaser's GTC.

 

II. Offer and Delivery

  1. Our offers are subject to confirmation. We reserve the right to include deviations and changes, insofar as these arise as a result of technical developments.
  2. Delivery dates can only be agreed upon with reservations. If the delivery deadline is exceeded by more than 14 days, the Purchaser is entitled to withdraw after a period of another 14 days to be notified to us in writing after receipt of the information. No claims for compensation can be derived from this.
  3. Unforeseeable events and instances of force majeure (strike, war, etc.) relieve us from all delivery commitments entered into, without any obligation to provide compensation.
  4. Our spectacle frames may only be supplied to end consumers. For branches, they may only be supplied to branches others than those ordering after consultation with us.

III. Prices and Payment

  1. Our prices are understood ex warehouse, in Euro without value-added tax. For the delivery, those prices apply which are valid at the time the goods are ordered, unless there is a period of more than 3 months between order and delivery.
  2. Postal and packaging expenses will be charged at cost price.
  3. All invoices are to be paid within 30 days after the date of invoice without discounts. We grant 2% discount for payment within 14 days after the date of invoice. For direct bank debits we grant an additional 1% discount.
  4. Monthly invoices can be paid by direct bank debit only. They will be debited within 10 days after the date of invoice after the deduction of a 3% discount.
  5. Discountable bills of acceptance with a term of 3 months at the most can be accepted as payment. We reserve the right to accept such bills of acceptance. Discounting and bill charges will be borne by the acceptor and are due immediately.
  6. Should payment deadlines be exceeded, we are entitled to charge default interest in the amount of the respective bank interest for short-term credit, however at least 8%.
  7. Offsetting with counterclaims is only then possible if the counterclaim is undisputed and legally effective. Right of retention can only be exercised if it concerns claims from the purchase contract.
  8. Special discounts are not summed as other discounts, but remain unconsidered.

IV. Transfer of Risk and Transport

  1. The risk of accidental loss and accidental deterioration of the goods will pass to the Purchaser when the goods leave the warehouse.
  2. Packaging and transport will be carried out with the utmost care and discretion on the part of the Supplier. The goods will be insured by us at Purchaser's cost.

V. Retention of Title

  1. The goods delivered remain our property until payment of all claims arising from the business relationship has been made in full.
  2. In the event of the action of third parties, especially in the event of seizure, the Purchaser will notify us immediately in writing and will inform the third party of our retention of title.

VI. Warranty and Liability

  1. In case of defects or if warranted properties are absent, we assume liability for subsequent improvements or replacement deliveries at our own discretion, with the exclusion of further claims for warranty and compensation.
  2. Obvious defects must be notified to us in writing within 8 days of receipt of the goods.
  3. Hidden defects will be notified to us immediately in writing after their detection and can be taken into consideration only if the delivery was made no longer than 6 months previously.
  4. We can refuse to make a replacement delivery as long as the Purchaser has not completely fulfilled his contractual obligations. The obligations are not affected by the existence of warranty claims.

VII. Place of Fulfillment and Place of Jurisdiction

  1. The place of fulfillment for all obligations arising from the contractual relationship is Fürth.
  2. The place of jurisdiction for all claims arising from the business relationship, including claims for bills of exchange and checks, is Fürth.
  3. German law is applicable for all matters between the contractual parties.

VIII. Data Protection

All data arising from the existing contractual relationship will be stored by us for data processing purposes only and will not be furthered to third parties.

 

Effective from 01.2007