Terms and conditions

Terms and Conditions

1.Scope of application

Our terms of sale apply exclusively. We shall not accept any terms and conditions of the purchaser which differ from our terms of sale, unless we have explicitly agreed to their validity in writing. Our terms and conditions of sale also apply if we carry out the delivery to the purchaser, even if the customer’s terms conflict with our own terms and conditions.

2.Order

The basis for the condition of a goods delivery contract is an online order, written order of the desired goods by fax, by electronic mail (e-mail) or by regular mail, as well as a deposit paid to our business account.

Unfortunately, this is inevitable and it is for our protection against misbehavior. From this date, the goods shall be deemed to be binding.

The legal relationship of the contracting parties is subject to the law of the Federal Republic of Germany and the relevant contract text is that in German. Collateral agreements, amendments, and additions, as well as deviating agreements, are only effective with written confirmation.

If you are missing certain goods, please contact us and we will do our utmost to meet your needs. We always welcome suggestions and/or criticism.

3.Delivery

The delivery is deemed to be fulfilled upon delivery of the goods to a transport company. Unless otherwise agreed, the address will be delivered to you.

For orders from abroad: Freight costs and packaging for deliveries abroad are calculated separately, according to the recipient country. Custom duties and taxes are to be paid by the purchaser himself.

You will receive a corresponding invoice deduction with the respective shipping costs before delivery by e-mail or by fax.

The ordered goods will normally be delivered to you within 8 weeks. If the order is imported goods, the mentioned performance dates can only be non-binding.

The delivery time may be extended, e.g. at supply queues of our suppliers. We ask for your understanding.

If incomplete, unclear, unreadable, or incorrect information is provided during the assignment of the order, there is no claim for rework or replacement.

Irrespective of this, our service is deemed to have been rendered and the customer remains obliged to pay all incurred costs and agreed remunerations.

Deliveries must be explicitly agreed upon before ordering!

 

4.Prices

Offers are subject to change in price and conditions. Price lists are used only for orientation and contain no offer. We reserve the right to mistakes.

The prices for end users include the currently valid VAT (gross margin) and shipping costs. Delivery and calculation are made at the prices and conditions valid on the day of delivery.

Unfortunately, we have to make import transactions dependent on the fluctuating exchange rates. Therefore, price fluctuations may occur.

5.Terms of payment

Advance payment: Bank transfer of the invoice amount (standard delivery)

Counter-invoice: Due immediately upon receiving the delivery. Only with special agreement or for regular customers. The deduction of discount requires special written agreement.

Unless agreed otherwise, our invoices are due for payment within 14 days. The statutory regulations regarding the consequences of default in payment shall apply.

If the payment target is exceeded by 4 weeks, bank interest rates become due. We calculate VAT on the interest at the respective statutory rate.

6.Right of revocation

We grant our customers, so long as they are consumers in the sense of § 13 BGB, a right of withdrawal in accordance with § 355 BGB (German Civil Code). The revocation period is 1 month and begins at the earliest on the day of receiving the goods at the recipient and the instructions in text form (except for open and used articles). If the purchaser has a right of withdrawal, the customer can revoke his contract declaration without giving reasons in writing (e.g. letter, e-mail, fax) or by returning the goods.

For the observance of the withdrawal period, the timely dispatch of the withdrawal to us is sufficient. The withdrawal may also take place within this period by returning the goods to us. The timely dispatch of the goods is sufficient to meet the deadline:

 

ARTICIMA
Isolastr. 2
DE-52353 Düren

 

In the event of a withdrawal, we are obliged to reimburse payments that were made on the delivery of the goods. If the order has been paid by credit card, the costs incurred for transactions are borne by the purchaser.

In case there is a withdrawal, you are obliged to return the goods received. The purchaser is obliged to pay damages if there is a deterioration, destruction, or the impossibility of the delivery of the goods delivery has occurred and these circumstances are to be represented by the customer, in case of intent or negligence.

According to the legislator, the buyer bears the shipping charges for returns up to a value of 40 EUR. From a value of 40 EUR we bear the shipping charges, unfreie shipments cause unnecessarily high costs and are not accepted by us. You will be reimbursed by transfer to the account which you state. Please contact us before you return anything to avoid misunderstandings.

Repayments will only be paid if the goods are properly in the original packaging and undamaged.

This does not apply to the transfer of goods if the deterioration of the goods is solely due to their examination - which would have been possible for the customer in the store business, for example. In all other respects, the customer can avoid the obligation to supply the goods by not using the goods as an owner and by omitting everything which affects the value.

Otherwise, the conditions set out in § 8 Complaint apply.

7.Claim

Only the warranty is provided for an exemplary delivery, but not for the usability or expediency of the goods.

Significant deviations grant only a right to rescission or replacement delivery, and this only if a subsequent improvement by the supplier was not possible.

Claims for damages of any kind are excluded.

Small variations in color, cutting, equipment, width, weight and quality cannot be objected to.

Returns are only possible with explicit approval prior. In the event of an exchange, returns will be paid by us freight-free and free of charge.

Notice of defects is only accepted if these are claimed in writing within 8 days after receipt of the goods. A reasonable return due to obvious defects must be made to us within 8 days from delivery free of charge. Please enclose a copy of the invoice.

Only unused goods can be accepted.

Exchanges are excluded from the exchange.

8.Liability

Claims for damages resulting from late delivery, delay, subsequent impossibility of the service, due to infringement of contractual or legal subsidiary obligations, from negligence in the case of conclusion of the contract and from unauthorized actions shall be excluded insofar as the damage was not caused by willful intent or gross negligence.

We are not responsible for any delays in performance due to force majeure or other unforeseeable, extraordinary, or unexpected circumstances. Unforeseen events such as force majeure, war, governmental measures, currency change, as well as company settings, disturbance, strike, or lockout at suppliers or carriers, entitle us to withdraw from the purchase contract without compensation.

Compensation claims for faulty service are in any case limited to the pure replacement value of the goods.

We shall not be liable for loss of profit, consequential damages, or other indirect damages.

The intangible value is not reimbursed.

9.Data protection

The data provided to us by the customer is used exclusively within the scope of the data protection regulations.

10.Severance clause

All information is carefully compiled, but errors and changes are reserved.

The delivered goods remain as our unrestricted property until they have been paid in full. Should one or more of the aforementioned terms of delivery and payment be legally invalid, the remaining terms and conditions shall remain unaffected.

Place of performance and jurisdiction is Aachen.

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