1. | general |
| 1.1 | these conditions apply exclusively to offers, agreements, delivery and benefits, even if there are not explicitly communicated to the client in the event of future agreements. with placing an order electronically and with the acceptance of the delivered goods you accept these terms and conditions. |
| 1.2 | deviant conditions of the client that have not been explicitly accepted by us in writing, will not become part of a contract, neither in full nor in part, and not in the case that they have not been explicitly protested against. |
2. | conclusion of a sales agreement |
| | the assortment on our website does not embody a binding offer of agreement on our part. please place your order either by filling out the order form, in written form via mail, fax or e-mail. your order is a binding offer of agreement. this offer allows us two weekdays to accept. an agreement is not reached with receiving your order, but with a written ordering confirmation or the delivery of the ordered goods. |
3. | pricing |
| | except where noted otherwise, all prices are to be understood plus vat (sales tax). for reasons of rationalization, all net prices are already minus cash discount.
we allow the following discounts :
conditions-discount for overall purchase per purchase from:500.00 euro = - 5 % discount1000,00 euro = -10 % discount2500,00 euro = -15 % discount5.000,00 euro = -25 % discount
graduated conditions- discount wholesale customers from :
10 dozen/art. - 20 % discount ( event. from stock )50 dozen/art. - 30 % discount ( only if reserved in advance ) |
4. | delivery |
| 4.1 | all items purchased from geli's collection are delivered by a carrier. this means that the risk of loss for such items pass to the client upon our delivery to the carrier. | 4.2 | the sharp calculation of our prices allows for delivery per c.o.d. (cash on delivery) only. deliveries are liable to our terms of delivery and payment, which the client accepts with her order. this applies to future orders as well. | |
| 4.3 | orders are binding to the client. |
| 4.4 | large scale orders from ~ euro 5.000,00 upwards ask for securities in the shape of confirmation of bank balance or payments in advance. if the fulfilment of the agreement is violated by the client we reserve the right to demand compensation. |
| 4.5 | interruption of operations of any kind as well as unforeseen events that, though the necessary care applicable in a given case was taken, could not be prevented, both if they should happen to us or our carriers, entitles us to the partial or total withdrawal from the agreement. |
| 4.6 | failure to meet stated delivery times does not entitle the client to cancellation or to demand compensation. partial delivery is allowed. every partial delivery is to be paid due to the agreed terms of payment. |
5. | damage to goods in transit |
| | if you recognize damage to the goods or the packaging upon delivery, you have to demand a written confirmation of the damage from the transport person or you can refuse to take the delivery. |
6. | payment, default |
| 6.1 | if, due to a special agreement, payment is made per invoice, not per c.o.d., the delivery has to be paid net immediately on receiving the bill, if not stated otherwise. in the event of delayed payment we reserve the right to ask for default interest (penal interest) according to bank practices. |
| 6.2 | calculation is grounded exclusively on the quantity and number of items established by us prior to sending the goods. deviances in quality, measures, patterns, colour, condition etc., which are customary or technically unpreventable, as well as changes in construction and accomplishment are no reason for notice of defect, and we explicitly make this a proviso. |
| 6.3 | we reserve the right to exclude the client in default from further deliveries. |
| 6.4 | in the event of not validated refusal to take the delivery, we charge our costs, at least euro 10,00 net. the same applies to return debit entry or direct charge procedure. our right to the fulfilment of the sales agreement is untouched by this. |
7. | reservation of title |
| 7.1 | until complete payment of all our claims resulting from our conditions of business, also future conditions and all additional claims has been made, and until all cheques given to us are cleared as well as bills receivable, all delivered goods remain the property of geli's collection gmbh. |
| 7.2 | if, after the conclusion of a sales agreement it is found out that the client is not creditworthy, or if during the establishment of the contract the client’s creditworthiness decreases, we are entitled to cancel the contract or demand immediate payment of delivered goods or advance payment of goods to be delivered, including cash cover of hypothetical bills or notes with later due date. |
8. | limitation on liability |
| 8.1 | notices of defect have to be send to us in written form immediately upon receiving the delivery, the latest one week after receiving the delivery. if the notice of defect is accepted, we choose whether to repair, make a substitute delivery, take the goods back in exchange of returning the purchase price or lower the price. no further claims can be made. |
| 8.2 | all claims for damages on the side of the client, which, no matter on which legal basis, can arise from being connected directly or indirectly with the order, delivery or usage of our goods, are basically excluded, as long as we, our colleagues or partners did not cause them grossly negligent or intentional. |
| 8.3 | in the event of a damage caused by gross negligence the claim for damage of a merchant is limited to the refund of the foreseeable damage. |
| 8.4 | a claim for damage of a non-merchant is considered only up to an amount in the value of 25% of the sales price. |
9. | revocation and return obligation |
| | the whole of this clause is only applicable to consumer, i.e. every individual, who concludes a legal transaction with an aim, that cannot be connected to neither her commercial nor her independent professional occupation: |
| 9.1 | the customer is not bound anymore to his declaration of the conclusion of a sales agreement if he revokes it within two weeks after receiving the first shipment. the revocation must be stated in writing, on another permanent data carrier or by returning the goods. a reason for revocation is not necessary. to meet the due date, it is sufficient to timely send the revocation to:
ernst accessoires gmbh
hilgestrasse 14
d - 55294 bodenheim (bei mainz) |
| 9.2 | after receiving the revocation, geli's collection gmbh is obligated to refund eventual payments. the client is obligated to return the goods. the client accounts for the regular costs of return shipment. |
| indication :
in accordance with § 3 subparagraph fernabsatzgesetz the law of revocation does not account for food, food supplements and magazines. for audio- and videorecordings the law of revocation is only applicable if the seal is undamaged. |
10. | return of goods |
| | returned goods will only be accepted if they have been announced via telephone in beforehand and if they are free of charge for the receiver. the customer is responsible for right and fitting packaging. damages caused by unfit packaging obligates the customer to a payment of compensation. in the event of a return shipment geli's collection gmbh is not liable for damage to (or loss of) goods. |
11. | place of performance, jurisdiction |
| | for both parties mainz is place of delivery and payment. jurisdiction for both parties is the local court mainz. lex loci contractus. german law is applicable. |
12. | applicable law, data security, effectiveness |
| 12.1 | applicable law is the law of the federal republic of germany, the rules of the international trade law (uncitral) do not apply. |
| 12.2 | geli's collection gmbh has the right to electronically store and process the data it has received from the customer. demand of deletion of data has to be made in written form. geli's collection gmbh has the right to send customer data that originates in the agreement forms or which are necessary for the execution of the agreement to third parties, especially to banks and contract partners, as long as this is beneficial for the conclusion of the agreement. geli's collection gmbh adheres to the valid rules and regulations of data security. |
13. | miscellaneous |
| 13.1 | in the event that one or more of the above terms and conditions is or becomes invalid, the validity of the other regulations is not touched by this. instead of the invalid regulation, validity applies to what the parties would have expectedly agreed upon and what would have proved expedient, had they known the regulation to be invalid. |
| 13.2 | deviant regulations have to be explicitly agreed upon in written form. oral additional agreements do not apply. |
| 13.3 | minimum order value is ~ euro 200 net* |
| 13.4 | the minimum unit per item is regularly 12 pieces, if not stated otherwise in the catalogue.* |
| | *does no apply to consumer |