General Terms and Conditions

General Terms and Conditions of Monique Schreiber, Am Ring 5, 04683 Fuchshain.

A§ 1 General

(1) The following general terms and conditions apply for all contractual relations between Monique Schreiber, Am Ring 5, 04683 Fuchshain and her customers. (2) Varying general terms and conditions from the customer do not have any effectiveness, unless the enforcement of those conditions was agreed upon by both parties in written form.

A§ 2 Certification

Monique Schreiber is a wholesaler and distributes her goods exclusively to re-distributors. For verification purposes a trading licence needs to be submitted. Monique Schreiber distributes her goods exclusively for the purpose of re-distribution. If a customer aquires goods that are not specifically intended for re-distribution, Monique Schreiber reserves the right to exclude the customers from future business.

A§ 3 Contracts

Contracts come into existence with the order of the customer and the acknowledgment of Monique Schreiber or more specifically the distribution of goods. In the case of cash in advance the receipt validates the acknowledgment.

A§ 4 Payment and Prices / Reservation of proprietary rights / Summation

(1) All displayed prices do not include VAT charges.

(2) Monique Schreiber delivers by payment of: cash in advance, cash on delivery or payment by PayPal. Monique Schreiber reserves her rights to deliver to first-time customers and customers outside Germany only by cash in advance or PayPal.

(3) Full payments must be received within 10 days upon received receipt, when customers pay cash in advance or upon receipt. As far as the payment is not received on-time by Monique Schreiber, Monique Schreiber is entitled to cancel the contract.

(4)  By Payment in the case of cash on delivery, Monique Schreiber is entitled to invoice cash on delivery charges separately.

(5) So long as the customer defaults on his payments, Monique Schreiber is entitled to charge default interest at 8 percent above the base interest rates. The assertion of further damages is unaffected by this regulation.

(6) All goods are property of Monique Schreiber until full payment is received.

(7)The customers entitlement of offsetting against claims from Monique Schreiber is only justifiable if the claim is acknowledged by Monique Schreiber or if the established claim is legally recognised.

§ 5 Delivery

(1) Monique Schreiber delivers ordered goods to the from customer indicated address, as far as the customer does not explicitly indicates an alternative delivery address.

(2) Monique Schreiber is entitled to part deliveries.

(3) Indicated delivery dates are non-binding, as far as Monique Schreiber did not exceptionally indicate a binding delivery date.

(4) Goods are dispatched by Monique Schreiber within three working days as far as the goods are in stock. If goods are out-of-stock, Monique Schreiber endeavours delivery as soon as possible. Monique Schreiber is entitled to withdraw from the contract, when goods are not delivered yet and when within an adequate delivery deadline, despite closure of a purchase contract with the customer, for lack of procurement from the manufacturer goods cannot be provided. 

§ 7 Warranty

(1) As far as the customer is a business man, warranty rights assume that the customer complied with his obligations of inspection and notice of defects (§ 377 HGB). Warranty is guaranteed for one year, starting at the time of delivery.

(2) Should despite of all care take, any goods have any defects, which was already present at the time of the transfer of risk, so will Monique Schreiber try to repair or replace goods. Monique Schreiber should at all times have the chance for any supplementary performances within an adequate period of time. Any recourse claims remains untouched by foregoing regulation.

(3) If repairing of replacement fails, if  Monique Schreiber is unable or not in the position, or if repairing and replacement is delayed disproportionately for reason Monique Schreiber is responsible, the orderer has the right irrespective of any claims for compensation that may arise, to withdraw from the contract or to demand a cost reduction of the purchase price.

(4) In the case of any fraudulent secrecy about any defects or in the case of defrayment of a guarantee for the procurement of the goods during the time of transfer of risk in the sense of  § 444 BGB, the rights of the orderer are directed to legislative regulations. Should the orderer receive wrong or defective goods, he has the right to complain. Please contact Monique Schreiber before hand, as often small problems or misunderstandings can be solved.

Because goods are strictly designated for retail, following reasons are excluded from complaints:

·         afterwards the article is disliked

·         small variance from size

·         articles misfit

When you have arranged the complaints procedure, please send the items back to us. Send the items post-paid to us – not fully funded shipments will not be accepted. Postage for the return will be refunded by us.

§ 8 Liability

(1) Damages to life, body or health, which are based on any negligent neglect of duty from the side of Monique Schreiber; any deliberate or negligent neglect of duty by any statutory representative or  agent for Monique Schreiber, Monique Schreiber adheres unconditionally.

(2) Monique Schreiber will only adhere unconditionally for any remaining adherence claims for non-existence of guaranteed consistency, and also for Intent and culpable negligence of her statutory representatives and senior executive. Monique Schreiber adhere for negligence of other agents (employees) only within the parameter of small adherences in keeping with paragraph (3).

(3) Monique Schreiber adhere for small negligences only, as far as any duties are violated, whose compliance is from great importance to the fulfilment of the contract (cardinal duty). For the violation of cardial duties adherence is limited to five times the value of the purchase price and also any damages, whose has to be reckoned within the textile industry.

(4) Adherence with the product adherence law remains.

§ 9 Copyright and business protection rights

(1) Monique Schreiber publishes high-grad product photographies on her website. These photographies are copyright protected. Monique Schreiber has exclusive utilisation rights on the product photographies. Monique Schreiber grants her customer permission to publish, distribute and publicly customise those photographies, that show products the client has bought from Monique Schreiber. This right cannot be transferred to any third parties. The utilisation right of the customer expires when the customer has sold his goods.

§ 10 Data Protection

Monique Schreiber saves and processes, as far as necessary for the order process, personal details of the customer and passed on to third parties such as banks, post office or couriers only under necessary circumstances. Beyond that, saved data will be handled strictly confidential by Monique Schreiber and will not be passed on to third parties. On demand of the client, customer details could be deleted after the transaction process.

§ 11 Final Clauses

(1) German Right applies between parties, while UN – purchasing rights do not apply.
(2) Legal domicil for all disputes between Monique Schreiber and her clients is Grimma, as far as the client is a business man in the sense of the trading rights.

Fa. Monique Schreiber

Impressum

Fa. Monique Schreiber , Am Ring 5, 04683 Fuchshain
Tel.: 034297/14559
E-Mail: service@escalli.com
USt-IdNr DE813793073 Steuernr: 238/271/02296