General terms and conditions
§ 1 Area of application
For the purchase of products - also via our Internet shop - between Scheffer & Wiggers GmbH (hereinafter “Vendor”) and the client (hereinafter “Client”) the following General Terms and Conditions exclusively apply in their applicable version at the time of order. Supplementary the Standard Conditions of the German Textile Industry in their applicable version at the time of order. Differing conditions of the customer are not recognised, unless the vendor explicitly agrees to its validity in writing.
The Standard Conditions of the German Textile Industry are available here.
§ 2 Supply only to professionals, minimum order value
(1) The vendor is a wholesale and supplies only entrepreneurs (§ 14 German Civil Code (BGB)) and not consumers (§ 13 German Civil Code), that are registered in the customer list of the purchaser. An admission is only made after examination. For this purpose, evidence from the customer such as a copy of the trade card or the VAT ID number can be requested.
(2) When ordering the minimum order value is one coupon.
§ 3 Conclusion of a Contract
(1) The vendor’s offers are subject to alteration and non-binding.
(2) Ordering of goods by the purchaser is deemed as binding contract offer. Provided that nothing else arises from the order, the vendor is entitled to accept this contract offer within one week after its receipt by us. Acceptance can be declared either in writing (e.g. by order confirmation) or by delivering the goods to the purchaser.
(3) In the Internet shop the client can select from our range of fabrics in the indicated lengths and collect them with the button “Add to Basket” in a so-called shopping basket. With the button “Buy now” he submits a binding request for purchasing the goods in the shopping basket. Before submitting the order, the client can change and view the data at any time. The request may however only be submitted and transmitted if the client has accepted these contractual terms by clicking the button “Accept Terms” and has thereby included them into his request. Thereupon the vendor sends an automatic acknowledgement of receipt to the client by e-mail, in which the client’s order is again listed, and that the customer can print via the “Print” function. The automatic acknowledgement of receipt only documents that the customer’s order was received by the vendor and does not constitute acceptance of the request. The contract is not concluded until the vendor issues an acceptance declaration, which is sent by separate e-mail (order confirmation) or by sending the goods.
§ 4 Prices and shipping costs
(1) All prices quoted by us are net prices and do not include relevant valid VAT nor shipping costs.
(2) The sum of the shopping cart can change after completion of an order due to differing coupon lengths.
§ 5 Payment conditions
(1) Payment conditions are defined in §1.
(2) For new customers, different payment conditions apply.
New customers receive an invoice after their first order, which they have to pay in advance.
If this invoice it settled, the order will be shipped.
From the second order will be sent on invoice with the following payment deadlines:
10 days with 4% discount
30 days net cash
Third to fifth order will only be shipped when the previous invoice is paid.
Thereafter purchasing on account is possible with a maximum balance of €1000.
Exceeding amounts require individual arrangement.
(3) For foreign customers, different payment conditions apply.
(4) If invoices are not settled within the agreed period, we reserve the right to adapt the term of payment for future orders.
(5) Orders with an amount under 200€ will be shipped with the payment condition of ten days.
$ 6 Warranty
With regard to entrepreneurs the guarantee obligation regarding items supplied by the vendor is 12 months.
§ 7 Liability
(1) Customer claims for indemnification are excluded. Excluded therefrom are customer’s claims for indemnification arising from injuries to life, limb, health or from the breach of essential contractual duties (cardinal obligations), as well as the liability for other damages that are based on an deliberate or grossly negligent breach of duty of the vendor, its legal representatives or vicarious agents. Essential contractual duties are such obligations, whose fulfilment is necessary to attain the contractual purpose.
(2) In breach of essential contractual duties, the vendor is only liable for typical contractual and foreseeable damage, if such damage is simply caused due to gross negligence, unless the client’s claims for indemnification is based on injuries to life, limb or health.
(3) The restrictions in (1) and (2) also apply in favour of the vendor’s legal representatives or vicarious agents if claims are asserted directly against them.
(4) The regulations of Product Liability Act remain unaffected by this.
(5) Unless otherwise stated, all details on licenced items and designs only apply to Europe. The vendor is not liable for violations of licences.
§ 8 Offsetting, right of retention
The client shall only have the right to offsetting if his claims against the vendor are undisputed or finally ascertained. The client is only entitled to exercise the right of retention, if his counterclaim is based on the same contractual relationship.
§ 9 Colour and quantity deviations
(1) The vendor assumes no liability for colour and structural deviations between the illustrations of the fabrics in the web shop or other illustrations and the goods actually delivered. Colour and structural deviations from different deliveries also do not establish a defect.
(2) Due to the production processes, deviation of lengths are possible; information on lengths are approximate dimensions. Therefore the vendor reserves the right to exceed the specified length by up to thirty percent as only complete rolls of fabric are delivered and no parts.
§10 Use of product images
Clients of Scheffer & Wiggers GmbH are permitted to use product images from our online shop under the following conditions:
If the photo is used as advertising or product photo in the shop/on the website, the item must be purchased previously.
Usage to offer items that were not yet purchased, is definitely not allowed!
§ 11 Final Provisions
(1) If the client is a merchant, a legal entity under public law or special public fund, the exclusive place of jurisdiction for all disputes, arising directly or indirectly from the contractual relationships between the client and the vendor, is the vendor’s place of business. The vendor is however entitled to raise a charge at the general legal venue of the client.
(2) The legal validity of one or more provisions of this contract does in no way affect the validity of the remaining provision. The invalid provisions will be replaced, where these exist, by the statutory provisions. As far as this would constitute an unreasonable hardship for one of the parties, the contract will become ineffective in the aggregate.
as per: 11/2017