General Business Terms of VKF Renzel GmbH

Scope of the terms and conditions

All purchase and supply contracts are based upon our General Business Terms. Contradictory or supplementary terms and conditions of the customer and oral collateral agreements are only binding for us if we have confirmed these in writing.

 

Conclusion of contract

A contract shall be concluded by an offer and the acceptance of the offer. Should a contract be concluded through our Internetshops, the contract shall only be concluded if VKF Renzel GmbH has sent the ordered goods to the buyer. In case of confirmation of shipment by e-mail the contract shall be concluded by sending the e-mail, by no later however than with the delivery of the goods to the customer. Our offers, in line with the order data handed over to us, are, insofar as not otherwise stipulated, binding for 10 workdays and beyond this without obligation. Incomplete or dubious details in the purchase order/in the order, which lead to false deliveries, shall be for the account of the customer. Decisive for all deliveries is the article number of our company.

All subsequent changes at the initiation of the customer will be charged to it. Changes to and cancellations of orders for goods, which are already in production or being served, are not possible. Diagrams, dimensions and weight details in information and advertising documents are non-binding. The right is reserved to printing errors, mistakes and changes, in particular technical changes for improving the product.

 

Prices

All prices are without obligation and are principally deemed as from shipping location plus packaging and transport costs as well as the applicable rate of value added tax. As our products are primarily determined for the commercial customer we have shown net prices in our catalogue.

All prices of our Internetshop are without obligation and are principally deemed from shipping location plus packaging and transport costs, incl. the applicable rate of value added tax. Insofar as you are no commercial customer, but end consumer within the meaning of § 13 BGB [Civil Code] the gross price shall apply (net or catalogue price plus the applicable rate of value added tax.).

 

Delivery times

All goods shall be produced and made available as soon as possible. Details concerning delivery deadlines are deemed as expected delivery times. Claims for damages owing to the non-satisfaction or delayed delivery area excluded. The customer may not reject partial deliveries.

 

Shipment and passing of risk

With commercial customers the risk shall pass to the customer when the goods are handed over to the carrier or freight forwarder, by no later however than when they leave our shipping locations. With the delivery to end consumers within the meaning of § 13 BGB the risk shall pass at the time when the goods are handed over or with the delivery to the customer. Dispatch route and packaging are left to our choice without liability being assumed for this, except for the case of wilful intent and gross negligence. Express costs or special wishes (rail express, express package) among others shall be for the expense of the buyer.

 

Property Right

Current account/balance clause

VKF Renzel GmbH reserves the property to the goods until all claims of the seller against the buyer from the business relationship have been settled. This shall also apply if individual or all claims of VKF Renzel GmbH were included in a current account and the balance has been drawn and recognised. VKF Renzel GmbH undertakes to insofar release the collateral to which it is entitled at the customer’s request to the extent that the realisable value of the collateral exceed the claims which are to be secured by more than 10%; the selection of the collateral items which are to be released shall be the responsibility of VKF Renzel GmbH. The seller of the reservation also reserves the right, in the event of the improper satisfaction of service obligations, to exercise its statutory right to cancellation after the setting of a reasonable deadline. The same shall also apply with the breach of secondary obligations, in particular through improper handling of the object of purchase by the buyer, if an adherence to the contract is deemed unreasonable for the seller.

 

Extended reservation of title in case of resale

In the event of a resale of the reserved goods by the buyer it shall hereby now already assign all claims to the seller, to which it is entitled from this act. Such an assignment is carried out both with the sale of non-processed reserved goods, as well as in the event that there is a processing or connection with objects which are exclusively the property of the buyer. If the reserved goods are sold after processing or connection together with goods, which are not the property of VKF Renzel GmbH, the buyer hereby now already assigns the claims incurred from the resale in the amount of the value of the reserved goods with all secondary rights and in rank before the residual claims. The buyer is also authorized to collect the claims after the assignment. The authorization of VKF Renzel GmbH to collect the claims itself, remains unaffected hereby, however it undertakes not to exercise its right as long as the buyer properly satisfies its contractual duties. VKF Renzel GmbH can request that the buyer notifies it of the assigned claims and their debtors, provides it all information which is necessary for the collection, hands over the relevant documents and informs the debtors of the assignment.

 

Check/bill of exchange clause

If a liability of VKF Renzel GmbH is established with regard to the bills of exchange in connection with the payment of the purchase price by the buyer then the reservation of title and the claim from the goods delivery, upon which this is based, shall not lapse before the bill of exchange is redeemed by VKF Renzel GmbH as beneficiary.

 

Printed products

Sketches, blueprints, sample set, sample print, samples and similar preliminary work by order of the customer will be charged. The customer has to inspect that the preliminary and interim products, which are sent for correction, are in accordance with the contract. The risk of possible faults shall pass to it with the release for printing by the customer insofar as the faults are not caused by technical defects of the production. This shall also apply to other releases of the customer for the further production. In case of coloured reproductions in all printing processes slight deviations from the original cannot be complained about. Surplus or shortfall in deliveries up to 10% of the ordered circulation cannot be complained about. The delivered quantity will be charged. We do not assume any liability for print templates, which are lost during shipment. Delivered print templates will be adjusted to the printing format which is available.

 

Instructions on right to revocation for consumers

Right to revocation

You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter, fax, e-mail) or – if the object is handed over to you before expiry of the deadline – also by returning the object. The deadline shall begin after receipt of these instructions in a text form, however not before receipt of the goods by the recipient (with the recurring delivery of similar goods not before the receipt of the first partial delivery) nor before satisfaction of our information obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties according to § 312g Par. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation or the object is sufficient to observe the deadline for revocation.

The revocation is to be directed to:
VKF Renzel GmbH
Im Geer 15
46419 Isselburg

 

Consequences of the revocation

In the event of an effective revocation the services received by both parties are to be refunded and any drawn benefits (e.g. interest) are to be handed over. If you cannot refund or hand over to us the received service as well as benefits (e.g. benefits from use) or only partly or only in a deteriorated condition, you must accordingly compensate us for the value. You must only compensate for the value for the deterioration of the object and for drawn benefits insofar as the benefits or the deterioration is a result of the handling of the object, which goes beyond the examination of the properties and the functioning. To be understood under “examination of the properties and the functioning” is the testing and sampling of the respective goods, as it is possible and customary for example in a store. Objects which are capable of shipment as parcels are to be returned at our risk. You have to bear the regular costs for the return shipment if the delivered goods correspond with the ordered goods and if the price of the object which is to be returned does not exceed an amount of Euro 40 or if with a higher price of the object at the time of the revocation you have not yet provided the consideration or a contractually agreed instalment payment. Otherwise the return shipment is free of charge for you. Objects which are not capable of sending as parcels will be collected from you. Obligations for reimbursement of payments must be satisfied within 30 day. The deadline shall begin for you with the sending of your declaration of revocation or the object, for us with their receipt.

 

Special instructions

Your right of revocation shall lapse prematurely if the contract has been satisfied in full by both parties at your explicit request, before you have exercised your right to revocation.

The right to revocation shall not exist with the following distance selling contracts: for the delivery of goods, which are produced according to customer’s specifications or are clearly customised to the personal needs or which owing to their condition are not suitable for a return shipment or may decay quickly or their expiry date would be exceeded, for the delivery of audio or video recordings or of software insofar as the delivered data carriers have been unsealed by the consumer, auctions (§ 156 BGB).

 

End of the instructions on revocation

Agreement for the assumption of costs
If you exercise your right of revocation you have to bear the regular costs of the return shipment, if the delivered goods correspond with those which were ordered and if the price of the object which is to be returned does not exceed an amount of Euro 40 or if, with a higher price of the object at the time of the revocation, you have not yet provided the consideration or a contractually agreed instalment payment. Otherwise the return shipment is free of charge for you.

 

Right of revocation/right to return (for commercial buyers)

There is principally no right to return or revocation for commercial buyers. In the event of false deliveries a return shipment may only be carried out after coordination with us. In case of false deliveries orders by telephone are excluded from the taking back of the goods as there may be a transmission fault hereby. Return shipments with carriage forward without our written consent will not be accepted and will be returned again for the expense of the sender. In case of the return shipment of falsely ordered goods we will charge 10% of the goods value as a processing fee.

 

Reports of defects and warranties

The buyer has to inspect the goods and report possible defects immediately in writing, within 8 workdays after receipt. Defects to a part of the delivered goods shall not entitle to a complaint about the whole delivery.

Hidden defects must also be report immediately in writing, by no later than 8 workdays after the discovery. For commercial buyers the statute-of-limitations for the warranty claims is one year. The end consumer can report defects within the statutory warranty period. Small deviations to the quality, colour, of the weight etc., which are customary for the trade or which cannot be avoided from a technical point of view do not justify any report of a defect. The seller under reservation can take unjustified reports of defects as a reason to request from the buyer the reimbursement of costs incurred to it. If the complaints are justified VKF Renzel GmbH shall after examination at its own discretion provide subsequent improvement or a full substitute. The buyer can request the reversal of the contract, if the subsequent improvement or substitute delivery fails and for the event that the seller unjustifiably refuses to remedy the defects or make a substitute delivery or thus is in default and the buyer has set it a reasonable final deadline, which has expired unsuccessfully. The liability for defects shall not refer to natural wear and tear, to damages, which are suffered after the passing of risk as a result of faulty or negligent handling, excessive wear and tear or other influenced for which VKF Renzel GmbH is not responsible. Losses or damages due to the transport are to be complained about by the recipient at the transport company, even if damage to packaging is not visible. The seller under reservation excludes liability for damages, which are suffered from the use of electronic devices, software and similar articles.

 

Damages

The claims of the customer are oriented to the general statutory regulations, insofar as not explicitly otherwise agreed. The provider shall be liable to an unlimited extent for damages from the injury to life, the body or the health, insofar as it has not maliciously failed to disclose a defect or has assumed a guarantee for the condition of the object of purchase, in all cases of wilful intent and gross negligence, with damages according to the Product Liability Act or insofar as otherwise stipulated as mandatory by law.

 

Drawings/documents/copyrights

We reserve our property and copyrights to offers, drawings, samples and other documents. They may not be made accessible to third parties without our consent. The orderer assumes the liability for the fact that we do not infringe any rights of third parties with the execution of the order (in particular property rights, copyrights and reproduction rights). It can refer to goods of VKF Renzel GmbH in a suitable form.

 

Payment

The customer will receive an invoice including VAT.  The invoice is sent in electronic form by email.  If requested by the customer, the invoice can be sent by post.

The payment of the purchase price is principally made with our terms of payment 10 days 2% cash discount, 30 days net. Unlawful deductions such as excessive cash discount, deduction of cash discount outside of the cash discount deadline, deductions for packaging, deductions for postage or other reductions, which we have not approve, shall continue to exist as open items and will be collected. First customers shall receive the goods against cash on delivery minus 2% cash discount. In case of default of payment dunning fees will be charged in the amount of 5.- €/dunning letter (with the exception of the first reminder) plus postage codes as well as interest on default in line with the statutory provisions. After the unsuccessful expiry of the payment deadline which set with the 3rd dunning letter our claim can be handed over to a debt collection company. At the same time further deliveries shall exclusively be made against cash on delivery including cash on delivery charge. If in case of default of payment by VKF Renzel GmbH a debt collection office is commissioned with collecting the claim then the buyer has to bear the costs incurred from this commission. The following applies to agreed instalment payments: If the debtor is in arrears with the payment of one instalment by two weeks then the total still outstanding residual amount is due and payable immediately.

 

Choice of law, place of performance, place of jurisdiction

(1) German law shall apply under the exclusion of the UN Convention on the International Sale of Goods. With consumers this choice of law shall only apply insofar as the protection granted hereby is not revoked by mandatory provisions of the law of the state of the consumer’s customary place of stay (benefit of the doubt principle).

(2) The place of performance for all services from the business relationships existing with the provider as well as the place of jurisdiction is the registered seat of the provider insofar as the customer is not a consumer, but a merchant, legal entity under public law or special assets under public law.

The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or the place of residence or customary place of stay is not known at the time when the action is filed. The authorization to also bring the matter before the court at another legal place of jurisdiction remains unaffected hereby.

 

Important instruction

We have stored your address in our IT system. Please inform us of changes to your address. Insofar as you do not agree with the storage of your data we will arrange for the immediate deactivation. Orders of less than € 10.- net cannot be carried out. In case of an order value of less than € 50.- net a surcharge for shortfall in quantity of € 5.- will be charge. The signature of the legal guardians is necessary in case of customers who are aged less than 18 years old. In case of special productions we are principally entitled to carry out surplus and shortfall in deliveries due to productions up to 10%; individual tolerances shall apply to several products. The afore-mentioned business terms are binding under all circumstances and cannot be changed by announcement of your own terms of purchase. Should individual provisions of these General Business Terms be or become legally invalid in full or in part this shall have no effect on the validity of the other provisions. The law of the Federal Republic of Germany shall apply to all legal relations between the customer and us, in particular the BGB [Civil Code], particularly §§ 305 ff BGB (General Business Terms) and the HGB [Commercial Code].

 

Edition: October 2013