General Terms And Conditions
The following terms and conditions apply to business relationships and the initiation of business relationships in distance selling.
They are only valid for contracts concerning the following movable items: foils, fabrics, flags, banners, flagpoles, fabric paints, foil paints, paint spray cans, cardboard plates, glow sticks, confetti, balloons, umbrellas, adhesives, rubber rings, megaphones, flame retardants, care products, textiles, scarves, Accessories and advertising materials.
Contracting party (hereinafter: seller) will:
VAT ID: DE266029556
Commercial Register Darmstadt HRB 92102
The company is based in Lampertheim
Management: Timo Grommes
Authorized signatory: Sandro Battaglia
Contracting parties (hereinafter referred to as "buyers") may become natural or legal persons.
(1) The following General Terms and Conditions (GTC) apply to all contracts concluded between the company Supporters GmbH (hereinafter referred to as the "seller") and the buyer for the supply of goods as well as the processing and refining of fabrics, films, textiles and promotional items , The terms and conditions also apply to all future business relationships, even if they are not separately agreed again.
(2) Deviating conditions of the buyer, which the company Supporters GmbH does not expressly recognize, are not binding for the Supporters GmbH, even if it does not expressly contradict. The following terms and conditions apply even if the company Supporters GmbH in the knowledge of conflicting or deviating terms of the buyer, the order of the buyer unconditionally executed.
III) Offer and conclusion of contract
(1) All offers of Supporters GmbH are without obligation and non-binding, unless they are expressly marked as binding or contain an acceptance period. Orders or orders can be accepted by the seller within fourteen days of receipt.
(2) The written confirmation of the order, including the general terms of delivery, is decisive for the legal relationship between seller and client alone. Verbal promises of the seller before conclusion of the order confirmation are legally non-binding and verbal agreements of the contracting parties are replaced by the written order confirmation, unless it is expressly clear from them that they continue to be binding.
(3) Additions and amendments to the agreements made, including the General Terms of Delivery, must be made in writing in order to be valid. With the exception of managing directors or authorized representatives, the employees of the seller are not entitled to make deviating verbal agreements.
(4) The contract language is exclusively German.
IV) Prices and terms of payment
(1) The deposited prices from the offer of the company Supporters GmbH apply ex works and include a commercial packaging, unless otherwise specified in the order confirmation. The statutory value added tax is already included in the prices, this will be shown separately in the statutory amount on the date of invoicing on the invoice.
(2) Payments shall be made in accordance with the conditions stated on the invoice.
(3) In the event of late payment, bank-standard interest can be charged. Payments are always used to settle the oldest due debits plus the default interest accrued thereon. A payment is only deemed to be made if the seller can dispose of the amount.
(4) The buyer is only entitled to set off, even if complaints or counterclaims are asserted, if the counterclaims have been legally established, have been recognized by Supporters GmbH or are undisputed. The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) Delivery dates or deadlines that have not been expressly agreed as binding are only indicative. The delivery times specified by Supporters GmbH do not begin until all production-relevant questions have been clarified and appropriate prerequisites have been met. Likewise the buyer has to fulfill all obligations incumbent on it properly and in time.
(2) Supporters GmbH shall not be liable for any impossibility of delivery or for delays in delivery, insofar as these are due to force majeure or other unforeseeable events at the time of the conclusion of the contract (eg disruptions of all kinds, difficulties in the procurement of materials or energy, delays in transport, strike , lawful lockouts, lack of manpower, energy or raw materials, difficulties in obtaining necessary regulatory approvals, regulatory action, or failure to supply by suppliers, which are not correct or timely), which the seller is not responsible for. If such events make the delivery or service considerably more difficult or impossible for the seller and the hindrance is not just temporary, the seller is entitled to withdraw from the contract. In the case of obstacles of a temporary duration, the delivery or service periods shall be extended or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If, as a result of the delay, the customer can not reasonably be expected to accept the delivery or service, he can withdraw from the order by means of an immediate written declaration to the seller.
(3) Supporters GmbH is entitled to partial deliveries and partial services at any time, as far as this is reasonable for the buyer.
(4) If the buyer is in default of acceptance, then Supporters GmbH is entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the buyer culpably violated obligations to cooperate. With the arrival of the acceptance or debtor delay, the risk of accidental deterioration and accidental loss passes to the buyer.
VI) Transfer of risk, shipping, packaging and transport insurance
(1) Loading and shipping are carried out, unless otherwise expressly agreed, at the expense of the buyer. The choice of delivery method and shipping route is made in agreement between Supporters GmbH and the buyer and fixed in writing. If the customer does not expressly choose any of the modes of delivery offered by Supporters GmbH, the choice shall be made at the discretion of the seller.
(2) At the request and expense of the buyer, the seller can also secure a delivery of goods by means of a transport insurance.
(3) The purchaser must immediately check the delivery upon receipt for transport damage and report any damage immediately in writing, drawing up a damage report from the transport company and Supporters GmbH.
(4) Supporters GmbH does not take back transport and all other packaging in accordance with the packaging regulations; except pallets. The buyer has to take care of the disposal of packaging at his own expense.
(5) If the shipment is delayed on request or through the fault of the buyer, the seller shall store the goods at the expense and risk of the buyer. In this case, the display of readiness for shipment is the same as the shipping.
VII) Warranty & Liability
(1) Supporters GmbH is liable to the buyer in accordance with the statutory provisions. The buyer is entitled to the statutory warranty rights.
(2) The delivered goods must be examined carefully immediately after delivery to the buyer or to the third party appointed by him. The delivered items shall be deemed approved and accepted unless Supporters GmbH has provided a written notice of defects in respect of obvious defects or other defects which were detectable upon prompt, thorough examination.
VIII) Obligations of the buyer / rights to motives
(1) The Buyer undertakes to comply with legal and official regulations, in particular criminal law, copyright and / or trademark law and / or other provisions of industrial property rights and competition law, and shall not violate the rights of third parties. By submitting motifs for production (eg customized, individual textile finishing) to Supporters GmbH and commissioning them for production, the buyer confirms to Supporters GmbH that copying and distribution of this motif does not affect any copyrights, property rights or other rights of third parties Furthermore, the buyer indicates that he has the right to reproduce and distribute this motif.
(2) The buyer confirms to Supporters GmbH that the motive submitted does not violate applicable law.
IX) Retention of title
(1) Until the fulfillment of all claims, including all balance claims from current accounts, which are entitled to Supporters GmbH against the buyer now or in the future, the delivered goods (reserved goods) shall remain the property of Supporters GmbH.
(2) In the event of the purchaser's behavior contrary to the terms of the contract, in particular default in payment, Supporters GmbH shall, after setting a reasonable deadline, have the right to demand the surrender of the reserved or new goods and / or withdraw from the contract; the buyer is obliged to surrender. Neither in the publication request nor in a seizure of the reserved or new goods is a declaration of rescission of the seller, unless this is explicitly stated.
X) Cancellation policy
Consumers have a right of revocation in relation to the goods purchased if the rules on distance selling contracts apply
Subject to the following instructions:
The buyer has the right to cancel the contract within fourteen days without stating a reason.
The cancellation period is fourteen days from the date on which the buyer or a third party named by the buyer, who is not the carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, the buyer must inform Supporters GmbH by means of a clear statement (eg a letter sent by post, fax or e-mail) of his decision to revoke the contract. The customer can use the attached revocation sample form, but this is not mandatory.
To maintain the cancellation period, it is sufficient that the buyer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The revocation or return must be sent to:
(1) The right of withdrawal does not apply to distance contracts and individual articles that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
X.3 Consequences of the withdrawal
If the buyer revokes the contract, Supporters GmbH is obligated to all payments, which the supporters GmbH received from the buyer, including the delivery costs immediately and at the latest within fourteen days starting from the day on which the notice of the revocation of the buyer with the Supporters GmbH is to repay. Refunds can be denied by the Supporters GmbH until such time as goods possibly still at the buyer are transferred again to the Suppoerts GmbH.
In the event of a cancellation, the buyer must return or hand over the goods already received to Supporters GmbH immediately and in any event not later than fourteen days from the date on which the buyer informed the seller of the cancellation. The deadline is met if the buyer sends the goods before the expiration of the period of fourteen days. Incidental costs for the return of the goods are to be borne by the buyer.
The buyer must pay for a possible loss of value of the goods only if this is due to an unnecessary for checking the nature, characteristics and functioning of the goods handling of the buyer.
XI) Place of Performance, Jurisdiction, Applicable Law
(1) Place of fulfillment and place of jurisdiction for deliveries and payments as well as all disputes between Supporters GmbH and the buyer resulting from the sales contracts concluded between Supporters GmbH and the buyer is the registered office of Supporters GmbH, Lampertheim. On the other hand, Supporters GmbH is entitled to sue the buyer at his place of residence and / or place of business.
(2) The relations between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(3) Should a provision in these General Terms and Conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
General Terms and Conditions of Supporters GmbH