General terms and conditions of sale and delivery of dt saddlery GmbH design & technik Valid version of November 2015
§ 1 General
(1) All deliveries, services and offers shall be governed by these general terms and conditions of sale (herafter referred to as “GTC”). They are an integral part of all contracts, which the the dt saddlery GmbH design & technik (herafter referred to as dt saddlery GmbH) enters into with his contracted partners (hereafter referred to as „Customer“).
(2) The GTC shall in particular apply to contracts concerning the sale and/or the fabrication and delivery of movable objects (herinafter also: „Products“ or „Goods“) irrespective of whether the goods are produced by dt saddlery GmbH or purchased from components suppliers (§§ 433, 651 BGB [German Civil Code]).
(3) The GTC shall also apply in their respective version as framework agreement for future contracts concerning the sale and/or the delivery of movable objects with the same Customer without us having to refer to these again in each individual case; in case of changes of these GTC the Customer will be informed immediately.
(4) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case. Even if dt saddlery GmbH makes reference to any document containing or referencing the business terms of the Customer or those of a third party. or refers to, this is no accordance with the validity of these terms.
(5) Individual agreements reached in an individual case with the Buyer (including collateral agreements, supplements and amendments) shall in all cases have precedence over these GTC. A written contract or our written confirmation shall be decisive for the contents of such agreements.
§ 2 Conclusion of Contract
(1) All offers and prices contained in brochures, advertisements and other advertising material are without engagement and non-binding.
(2) In so far as offers of dt saddlery GmbH do not expressly contain a commitment period, we commit ourselves to the purchase for one week from the date of the offer. Acceptance will be seen as punctual, dependant on the receipt of the declaration of acceptance at dt saddlery GmbH.
(3) A conclusion of the contract between dt saddlery GmbH and the Customer is only accomplished with the written order confirmation by dt saddlery GmbH.
(4) The order confirmation in writing by dt saddlery GmbH will be prevailing for the scope of the delivery. Any purchase order and orders placed either orally or by telephone including any side agreements will not become legally valid until they are confirmed in writing by a Managing Director of dt saddlery GmbH.
(5) After conclusion of contract the dt saddlery GmbH reserves change of product, provided that this is reasonable for the Costumer: 1. product changes relating to permanent product advancement and product improvement 2. minor and insignificant variations relating to colour, form, design, measures, weights or quantities.
§ 3 Statutory right of withdrawal
Statutory right of withdrawal
If the Customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the Customer or a third party appointed the Customer, who is not the carrier, takes possession of the final goods delivered. In order to exercise the statutory right of withdrawal, the Customer must notify us
by post: dt saddlery GmbH design & technik, Ziegelstr. 1, D-83629 Weyarn,
by fax: 49 (0) 80 20/90 59-932
or by email: firstname.lastname@example.org
of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The withdrawal deadline shall be deemed to be met if the Customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the Customer withdraws from this Contract, we must reimburse any payments we have received from the Customer, including delivery costs (excluding any additional costs incurred if the Customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without undue delay, but no later than fourteen (14) days after the day on which we receive the notice of the Customer’s withdrawal from this Contract. We will use the same payment method the Customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the Customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the Customer has provided proof that he/she has returned the goods, whichever is earlier. The Customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the Customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods. The Customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases: Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to Customer specifications, of goods which have clearly been tailored to the Customer’s personal requirements or of goods which are not suitable to be returned due to their nature.
§ 4 Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs, i.e. the Customer shall bear the reasonable and customary local costs of shipping. The shipping costs are specified in our price quotation at our online shop. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment or shall be paid cash on delivery, in each case upon receipt of an invoice. Upon the Customer’s request we will deliver the product against cash payment in our store in Ziegelstr. 1, D-83629 Weyarn.
(3) If no deadline has been specified, then invoices shall be immediately payable.
(4) With the expiry of the above-mentioned term of payment the buyer will be in default. During the payment default, interest will be charged on the sales price in conformity with the legal default interest rate. Dt saddlery GmbH specifically reserves the right to assertion regarding further damages. Our claim for the commercial maturity interest (§ 353 HGB [German Commercial Code]) against merchants remains unaffected.
(5) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision. If the buyer is a Business Customer, he can not assert the right of retention which is based on a contractual relationship with dt saddlery GmbH.
(6) The rights and duties of the Costumer are not assignable, i.e. not transferrable to a third party, unless the dt saddlery GmbH agrees.
(7) If there are indications after conclusion of the contract that our entitlement to the purchase price is at risk through insufficient ability of the Customer to pay (e.g. by an application for opening of insolvency proceedings) then according to the statutory regulations we are entitled to refuse service and – if applicable after setting a deadline – to cancel the contract (§ 321 BGB). In case of contracts concerning the production of unreasonable objects (individual productions) we can declare the cancellation immediately; the statutory regulations concerning the lack of necessity to seta deadline remain unaffected.
§ 5 Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 5 (as specified by us when the order is made or as otherwise agreed upon) shall begin
(a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or
(b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) As far as delivery is agreed against advance payment and the payment will not be received by dt saddlery GmbH within five working days after our acceptance of the Customers offer, we shall be free to otherwise sell the product.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4, we shall be required to dispatch the product within a period of three weeks after the Relevant Date pursuant to subsection 1.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 5 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 10 of these General Terms and Conditions.
(8) The occurrence of a delay in delivery is determined in accordance with legal provisions. In each case, however, a reminder is required from the Customer.
(9) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
§ 6 Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(4) The shipment will only be insured for transport damage and other risks at the express request and cost of the Customer.
§ 7 Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent. In the event of any action of third parties against the reserved goods - in particular by court bailiffs –the Customer is obliged to immediately refer to the goods as our property and to inform us without delay so that the dt saddlery GmbH can assert its property rights.
§ 8 Guarantee
(1) For fabrications made by the dt saddlery GmbH a guarantee for two years from the date of delivery of the product is given to the integrated leather components assuming normal use, appropriate, cautious handling, application and care. At the same time, however, it should be noted that leather is a natural product and that the dt saddlery GmbH therefore cannot accept any guarantee or liability for defects or impurities in the leather itself. The same applies for normal wear and tear.
(2) In case of guarantee the Customer is entitled to demand the free-of-charge replacement of the relevant leather and metal components.
(3) The Customer may apply the guarantee in writing to the dt saddlery GmbH (Adress: Ziegelstr. 1, D-83629 Weyarn) within a period of two weeks after the occurrence of the guarantee case.
(4) Any repairs or replacements under guarantee do not extend the original guarantee period, also not for replaced or repaired components.
(5) Reclamations of saddles can only be processed with a correctly filled out warranty card encloses in each saddle in order to carry out free services.
§ 9 Warranty
(1) Independent of any guarantee, the Customer is entitled to statutory rights in the event of defectiveness of the delivered product.
(2) We assume no responsibility for minor deviations caused by production regarding nature, quality, purity, colour or other characteristics, unless it is a defect and/or the delivery is unusable for the Customer within the contractual purpose.
(3) The basis for liability for defects on the part of dt saddlery GmbH is mainly the agreement made regarding the properties of the product. The product description on the homepage of dt saddlery GmbH shall be considered as agreement on the quality of the product. At the same time, however, it should be noted that leather is a natural product and that there may occur minor deviations regarding colour and quality (grip, pores, impurities, etc.).
(4) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(5) If the remedy (supplementary performance) pursuant to Section 9 (4) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 10 of these General Terms and Conditions.
(6) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(7) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(8) The expenses necessary in connection with examination and subsequent performance, in particular as regards transport, travel, labour and materials (not: delivery and adjustment at the Customers place), shall be to our account if a defect does indeed exist. If it turns out, however, that the Customer's request to have the defect corrected is unjustified, we reserve the right to demand reimbursement of the resulting expenses from the Customer.
§ 10 Liability
(1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(2) The provisions of this Section 10 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
§ 11 Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. The pre-requisites and effects of the reservation of title according to § 7 are subject to the law of the respective storage location of the object insofar as accordingly the choice of law which was agreed is inadmissible or invalid for the benefit of German law.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts at the office of dt saddlery GmbH shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.