Terms and conditions
The following General Terms and Conditions of Business are the basis and a contractual element of any and all contracts for the delivery or purchase of goods or services. We hope that you will understand that we recognize and accept any customer's terms and conditions which are contrary to, or deviate from, our own terms and conditions of sale only if and when we have expressly agreed to their application in individual cases.
Section 1 Conclusion of Contract
Any and all offers are subject to confirmation. By placing an order for goods or services, the customer declares his binding intention to purchase the ordered goods or services, subject to the above terms and conditions. We are entitled to accept the offer of a contract inherent in the order within two weeks after its receipt. Acceptance may be declared either in writing or by delivery of the goods to the customer. An electronic receipt confirmation does not represent a binding acceptance of the order.
Section 2 Delivery/Delivery Periods
Any delivery dates or delivery periods, whether agreed as binding or non-binding, must be stated in writing. We hope you will understand that any and all delivery dates and/or periods are generally non-binding, unless a period or date has been expressly designated and agreed as binding. We will strive to deliver goods and carry out services within 1 - 2 workdays after placement of the order. If no definite delivery date or delivery period has been agreed, we will regard 30 workdays as a reasonable period for performance/delivery of the goods.
Section 3 Prices/Terms of Payment
Statutory value-added tax is included in our prices and will be shown separately on the invoice in the amount applicable on the day of issue of the invoice. All prices and rebate information on the Internet, in brochures or other advertising materials are given errors excepted. Any and all offers are subject to confirmation. Any and all agreements should on general principle be made in writing. Cash deductions may be made only in conformity with a separate, express agreement. Unless otherwise agreed, payment for the ordered goods or services is due and payable upon receipt of the order. The goods must be paid for by the customer at no cost to us. We are not obligated to ship the ordered goods until payment has been received. If, in exceptional cases, we dispatch goods before receipt of payment, the goods remain our property until full payment has been effected.
Section 4 Retention of Title
The delivered goods remain our property until payment has been made in full (reserved goods). The customer is obligated to handle the goods with care. In particular, the customer is obligated to employ and/or make use of the goods solely and exclusively in conformity with the instructions provided to him in the packaging. Until payment has been made, the customer is obligated to notify us immediately of any attachment by third parties on the goods, such as seizure, and of any damage or destruction of the goods. He must also notify us immediately of any change of possession of the goods or of his own change of residence as long as payment has not been made for the goods.
Section 5 Copyright notice
All templates include an unobtrusive copyright notice and a backlink to the designer's website. The customer is not allowed to remove this copyright notice even if he has modified the template. The customer is allowed to modify the appearance of the copyright notice and its position within the page as long as it remains readable for humans and search engines. If the copyright notice is modified in any other way than described above, the license to use the template automatically expires. This section does not apply if the customer has chosen the purchase option "without copyright notice of the designer".
Section 6 Limitations of Liability
In cases of breach of obligation caused by slight negligence, our liability is limited to the direct average damage typical of the contract and foreseeable according to the type of goods. The above provision also applies in cases of breach of obligation due to slight negligence on the part of our legal representatives or vicarious agents. We are not liable to commercial customers in cases of breach of minor contractual obligations due to slight negligence. The aforementioned limitations of liability do not apply to customer's claims arising from product liability.
Section 8 Place of Performance/Jurisdiction
Place of performance and jurisdiction for both parties is Wuppertal, provided that mandatory statutes do not stipulate otherwise. Governing law for the individual contracts is solely and exclusively German law. The above proper law provision applies even if the customer's residence/place of business is in another country.
Section 9 Invalidity of Provisions
If one of the above provisions, in whole or in part, is or becomes invalid, the validity of the remaining provisions will not be affected. The effective provision which the parties would have agreed, if they had known of the invalidity of the provision at the point in time of the conclusion of the contract, will take the place of the invalid provision, to the extent legally permissible.
As at 2014/06