General Terms And Conditions
General Terms and Conditions - Allgemeine Geschäftsbedingungen (AGB) Terré GmbH
These terms and conditions (Terms) govern the conclusion of agreements and their implementation between the Terré GmbH and its customers. They apply to all orders that are directed to our company, regardless whether they are placed orally, by telephone, in writing, by e-mail or orders via our online shop. In so far these Conditions contain regulations for the cooperation with entrepreneurs, these shall only apply to an entrepreneur who is concluding a legal transaction in the exercise of his trade or profession, a legal entity under public law or a public special assets. Arrangements with private individuals are regulated according to § 312b of the German Civil Code et seq.
1. Order Placement
By placing an order with us, in whatever form this takes place, the buyer accepts these terms and conditions for the duration of the business relationship.
Our offers are non-binding. Contracts arise only with our acceptance. This is usually done through delivering the goods. Only in exceptional cases, you get an explicit order confirmation. Purchase and/or terms of payment of the buyer apply only, if we accept them in writing.
In the context of customer service and order processing, customer data will be processed and stored using electronic data processing. Hereby, the Customer agrees also to the disclosure of his Address details to our affiliates, explicitly only for purposes of order fulfillment. For detailed information please refer to our Privacy Statement.
2. Prices and Payment
The price agreements apply only to the individual order. Repeat orders are considered as new orders.
If up to the execution of the order cost increases become effective we reserve the right to adjust prices accordingly. The buyer shall be immediately informed, with price increases of up to 10% do not affect the validity of the contract. Any further price increases will entitle the purchaser to cancel the contract.
Our prices for resellers are net prices in € and do not include packaging, transport and the currently applicable VAT. Consumer prices given are in € and include the applicable VAT of 19%. excl. Transportation.
Invoices are due immediately (by bank transfer, check or debit), unless otherwise agreed in writing. Dues from Deliveries abroad are collected exclusively by prepayment, cash on delivery or credit card and are also due without deductions unless otherwise agreed in advance.
Bills of exchange are only accepted by special agreement with the guarantee of payment. Bills of exchange and checks carried out, subject to their remuneration to validation of the day on which we can have the equivalent.
All costs caused by late payment will be charged to the buyer. Interests shall be calculated at 6% per annum calculated using the discount rate of the Deutsche Bundesbank. They are higher or lower if the seller prove a burden with higher interest or the buyer can prove a lower burden, which is explicitly allowed to the buyer.
3. Supply of the goods
Delivery will be made at the expense and risk of the purchaser. He has to bear the costs in case of a return not subject to the warranty and also to ensure adequate packing and insurance. Returns of consumers are governed by § 357 BGB. Details are provided in our cancellation instruction.
Binding delivery deadlines can only be agreed for goods that do not need to be procured. For goods that need to be procured, is generally considered a binding contract of six months from order confirmation.
Buyers and Sellers recognize due to the peculiarities of the goods as a natural product and handmade product its availability is inherently subject to considerable fluctuations. For the case we are not able to deliver within six month and also another three month additional delivery time did not lead to success the buyer is allowed to withdraw his order. This resignation reservation applies only in the event that the vendor has completed a concrete cover business and was not supplied by the contractor.
We are expressly pointing out that in distance contracts according to § 355 BGB, a special right of withdrawal is applicable for customers who are consumers . The customer is no longer bound by his contract to the end of the forward declaration of intent to us if he has withdrawn from it in time. The revocation has no need of justification and shall be declared in writing or by submitting a return-contract to us within two weeks after receipt of goods. The time limit begins after receipt of the goods ordered. The customer is obliged to return the ordered goods at our cost and risk.
If the purchaser withdraws his order by a reason not attributable to us without our explicit permission or delivery becomes from such a reason impossible, the purchaser from Terré GmbH is liable to pay compensation. We are entitled to calculate the loss once the production has started overall with 20% of the total order amount. The customer has the right to prove that a lower or no loss has occurred in each individual case. A withdrawal generally requires the approval of the Terré GmbH, this applies particularly for the case that the resignation after the commencement of production is declared. In addition, we reserve the right to claim higher damages , if it is proved in individual cases .
Complaints have to be made by the buyer immediately, latest within one week after receipt of goods at destination to us in writing. Later complaints can not be accepted. Due to the fact that our products are natural products, mainly the result of manual labor, the Customer acknowledges that low or standard deviations of the delivered goods against the information and images in the form, color, weight, quality and condition is not recognized as a defect and therefore not can be claimed.
In the case of defects the salesman has the choice of rework or replacements, if these fail the buyer has the right of change or refund of the amount of purchase. The shipping costs (goods to customer) can not be refunded.
5. Retention of title
The delivered goods remain our property until full payment of all claims arising from the business relationship. Furthermore, the buyer acknowledges an extended reservation of ownership on our part in the resale and / or processing of the goods delivered by him to its customers before the full payment of all our claims. Prior to full payment of all claims arising from the business relationship with the buyer goods delivered to a third party shall not be pledged nor transfered as security. The buyer's claims from the resale of the goods are hereby assigned to us.
6. Place of fulfilment
Place of Fulfillment is Taltitz 08606 As place of jurisdiction is, if the buyer is a registered trader, agreed the district court for disputes in Plauen This applies regardless of whether the buyer or seller occurs as plaintiff The place of fulfillment and jurisdiction agreement shall also apply to all of our branches, since they are dependent operating sites. The present Treaty is subject exclusively to the right of the Federal Republic of Germany.
Partial inefficacy: By any inefficacy of one or several regulations the validity of the remaining trading conditions shall not be affected.
7. Minimum order values and discounts
For retailers there is in case of his first order a minimum order of 150.00 € For warehouse visits we offer a discount of 5%. Discount combinations are not possible Different wording agreements must be in writing. Consumer within the meaning of the Civil Code do not require a minimum order.
Terré GmbH 13.May 2013