General terms of delivery of
Dero Textile Design GmbH
(1) All deliveries, services and offers of Dero Textil-Design GmbH are made exclusively on the basis of these General Terms of Delivery. These are part of all contracts concluded by Dero Textil-Design GmbH with its contractual partners (hereinafter referred to as “Principal / Buyer”) about the deliveries or services it offers. They also apply to all future deliveries, services or offers to the client, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties shall not apply, even if Dero Textil-Design GmbH does not separately object to their application in individual cases. Even if Dero Textil-Design GmbH refers to a letter that contains or refers to the terms and conditions of the client or a third party, this does not constitute agreement with the validity of these terms and conditions.
2 offer and contract; Rights to documents
(1) All offers of Dero Textil-Design GmbH are non-binding, unless they are expressly marked as binding or contain a specific acceptance period. Orders or orders can be accepted by Dero Textil-Design GmbH within fourteen days of receipt.
(2) The sole legal basis for the legal relationship between Dero Textil-Design GmbH and the buyer is the written purchase contract / order, including these General Terms of Delivery. This completely reproduces all agreements between the contracting parties regarding the subject matter of the contract. Additions and amendments to the agreements made, including these terms and conditions, must be made in writing in order to be valid.
(3) Information provided by Dero Textil-Design GmbH on the subject of the delivery or service (eg weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations (eg design illustrations, drawings and illustrations) are only approximate, if not the usability for the contractually intended purpose requires an exact match. They are not guaranteed features, but descriptions or labels of the delivery or service. Customary deviations and deviations, which occur due to legal regulations or represent technical improvements, as well as the replacement of components by equivalent parts are permissible, as far as they do not affect the usability for the contractually intended purpose.
(4) Dero Textil-Design GmbH reserves the copyrights and property rights to illustrations, drawings, calculations and other documents. This applies in particular, but not limited to, for such documents that are marked as “confidential”. Prior to their transfer to third parties, the consent of Dero Textil-Design GmbH must be obtained.
3 prices and payment
(1) Prices are valid for the scope of service and delivery stated in the order confirmations. Extra or special services will be charged separately. The prices are in EURO from Dero Textil-Design GmbH or, if agreed separately, from the place of production, plus packaging, the statutory value added tax, for export deliveries, customs duties as well as fees and other public charges.
(2) Invoice amounts are to be paid within thirty days without any deductions, unless otherwise agreed in writing. Decisive for the date of payment is the receipt at Dero Textil-Design GmbH. Checks are only valid after payment as payment.
(3) Offsetting against counterclaims of the Principal or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or legally established.
(4) All prices include VAT and plus any shipping costs. You will also be informed about the amount of shipping costs during the ordering process.
4 delivery and delivery time
(1) Deliveries shall be made from the registered office of Dero Textil-Design GmbH or, if agreed separately, from the place of production.
(2) Deadlines and deadlines for deliveries and services promised by Dero Textil-Design GmbH are only approximate, unless a fixed deadline or a fixed deadline has been expressly agreed or agreed.
(3) Dero Textil-Design GmbH may – without prejudice to its rights arising from delay of the client – require the client to extend delivery and service periods or postpone delivery and service appointments by the period in which the client meets his contractual obligations of Dero Textil-Design GmbH does not comply.
(4) Delivery and service delays due to force majeure and events that make the delivery significantly more difficult or impossible for Dero Textil-Design GmbH (eg strikes, lockouts, official orders, difficulties in obtaining necessary official permits, war, shipping restrictions , Lack of raw and auxiliary materials, energy restriction, breakdowns, restrictions, lack of manpower, delays in transport, or the lack of, incorrect or untimely delivery by suppliers, even if they occur with our suppliers or their suppliers), this also has bindingly agreed deadlines and dates, not to be represented. They entitle Dero Textil-Design GmbH to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the unfulfilled part.
(5) If Dero Textil-Design GmbH is in default of a delivery or service or if a delivery or service becomes impossible for whatever reason, then the liability of Dero Textil-Design GmbH for damages in accordance with § 8 of this Limited to general terms of delivery.
(6) If your order consists of several packages, the delivery can take place on different days. In case of delivery problems we will inform you immediately. We always try to deliver your shipment completely, but there may be exceptions in individual cases.
(7) The delivery time is at the availability of the item in the warehouse, usually 2-5 days for shipments within Germany and between 7-21 days for shipments abroad.
(8) Subsequent requests for modification and supplementation by the customer extend the delivery period or the delivery date accordingly.
(9) Information about express surcharges is available to customers upon request.
(10) Deliveries by forwarding company are always provided with a delivery date.
(11) Second deliveries, unsuccessful pick-up attempts and any storage costs incurred will be charged. Information about these costs is available to customers upon request.
(12) International costs only on request. For islands (national and international) plus individual island surcharge.
5 Shipping, packaging, transfer of risk, acceptance
(1) The packaging is subject to the due discretion of Dero Textil-Design GmbH.
(2) Dero Textil-Design GmbH can choose – unless otherwise agreed – with which means of transport and in which way to the buyer.
(3) The risk shall pass to the buyer upon handover to the freight forwarder, the carrier or the person or institution otherwise responsible for the execution of the shipment – even if a provision is made by the buyer. If the shipment is delayed or becomes impossible without our fault, the risk is transferred to the customer with the notification of readiness for shipment.
(4) We deliver according to the INCOTERMS in the latest version.
(5) Insurance against damage in transit, loss of transport or breakage is only at the express request of the customer at his expense and on his account. Transport damage and shortages must be determined immediately after receipt of the consignment by inventory or similar evidence and certified on the accompanying documents (bill of lading, delivery note, etc.).
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered items shall be inspected carefully immediately after delivery to the client or to the third party appointed by him. They shall be deemed to have been approved if Dero Textil-Design GmbH did not notify defects in respect of obvious defects or other defects which were identifiable by an immediate, careful examination within seven working days of delivery of the goods, or otherwise within seven working days after discovery of the defect or the time at which the defect was recognizable to the client with normal use of the delivery item without further examination, in the form specified in § 2 (2).
(3) For material defects, the statutory warranty provisions apply.
(4) If a defect is due to the fault of Dero Textil-Design GmbH, the client may demand compensation for the conditions specified in § 8 below.
(5) The warranty does not apply if the client changes the delivery item without the consent of Dero Textil-Design GmbH or has it modified by third parties and the elimination of the defect is thereby made impossible or unreasonably difficult. In any case, the client has to bear the additional costs incurred by the change to remedy the defect.
7 property rights
(1) Dero Textil-Design GmbH warrants according to this § 7 that the delivery item is free of industrial property rights or copyrights of third parties. Each party to the contract will notify the other party in writing without delay if claims against the other party for breach of such rights are asserted.
(2) In the event that the object of delivery violates a commercial property right or copyright of a third party, Dero Textil-Design GmbH will change or replace the object of delivery in such a way that no rights of third parties are injured any more, the delivery item but continues to fulfill the contractually agreed functions, or grant the customer the right of use by concluding a license agreement. If you fail to do so within a reasonable period, the client is entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages of the client are subject to the restrictions of § 8 of these General Terms of Delivery.
8 Liability for damages due to fault
(1) The liability of Dero Textil-Design GmbH for damages, for whatever legal reason, in particular from impossibility, delay, inadequate or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, as far as it comes to a fault , restricted in accordance with this § 8.
(2) Dero Textil-Design GmbH is not liable
a) in the case of simple negligence on the part of their bodies, legal representatives, employees or other vicarious agents;
b) in the case of gross negligence on the part of their employees or other vicarious agents, insofar as it is not a violation of essential contractual obligations. Essential to the contract are the obligation to timely, defect-free delivery as well as advice, protection and custody obligations, which enable the client to use the contractual object or the protection of life or limb of staff of the client or third party or the property of the client against significant damage ,
(3) Insofar as Dero Textil-Design GmbH is liable for damages in accordance with § 8 (2), this liability is limited to damages which Dero Textil-Design GmbH had foreseen at the conclusion of the contract as a possible consequence of a breach of contract or under consideration of Circumstances which he knew or which he ought to have known should have been foreseen when applied with due care. Indirect damages and consequential damages, which are the result of defects in the delivery item, are also only substitutable, as far as such damages are typically to be expected when the delivery item is used as intended.
(4) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of Dero Textil-Design GmbH.
(5) Insofar as Dero Textil-Design GmbH provides technical information or acts in an advisory capacity and this information or advice does not belong to the contractually agreed scope of services owed by it, this is done free of charge and to the exclusion of any liability.
(6) The restrictions of this § 8 shall not apply to the liability of Dero Textil-Design GmbH for intentional behavior, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
9 Retention of title
(1) The following agreed retention of title serves to safeguard all present and future claims of Dero Textil-Design GmbH against the buyer arising from the existing supplier relationship between the contractual partners.
(2) The goods delivered by Dero Textil-Design GmbH to the buyer remain the property of Dero Textil-Design GmbH until all secured claims have been paid in full. The goods as well as the goods, which take their place after this clause and are covered by the retention of title, are hereinafter referred to as reserved goods.
(3) The buyer stores the reserved goods free of charge for Dero Textil-Design GmbH.
(4) The buyer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the event of recovery (paragraph 9). Pledges and chattel mortgages are prohibited.
(5) If the reserved goods are processed by the buyer or used for the production of goods, it is agreed that the processing takes place in the name and for the account of Dero Textil-Design GmbH as the manufacturer and the Dero Textil-Design GmbH directly the property or – if the processing is made of materials of several owners or the value of the processed thing is higher than the value of the reserved goods – the co-ownership (fractional ownership) of the newly created object in proportion of the value of the reserved goods to the value of the newly created thing. In the event that no such acquisition of ownership should occur at the Dero Textil-Design GmbH, the buyer already transfers his future property or – in the above. Ratio – co-ownership of the newly created item as security for Dero Textil-Design GmbH. If the goods subject to retention of title are combined with other items or are inseparably mixed and if one of the other items is to be regarded as the main item, then Dero Textil-Design GmbH, insofar as the main item belongs to it, transfers to the buyer proportionate co-ownership of the unitary item in the in sentence 1 mentioned ratio.
(6) In the case of the resale of the reserved goods, the purchaser hereby assigns to Dero Textil-Design GmbH the resulting claim against the purchaser – in the case of co-ownership of Dero Textil-Design GmbH in the reserved goods pro rata according to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with respect to the reserved goods, such. Insurance claims or claims for tort in the event of loss or destruction. Dero Textil-Design GmbH revocably authorizes the purchaser to collect the claims assigned to Dero Textil-Design GmbH in its own name for the account of Dero Textil-Design GmbH. Dero Textil-Design GmbH may only revoke this direct debit authorization in case of recovery.
(7) If third parties access the goods subject to retention of title, in particular by seizure, the buyer will immediately inform them of the property of Dero Textil-Design GmbH and inform Dero Textil-Design GmbH about this in order to enable them to enforce their property rights. If the third party is unable to reimburse Dero Textil-Design GmbH for the legal or extrajudicial costs incurred in this connection, the purchaser of Dero Textil-Design GmbH shall be liable for this.
(8) Dero Textil-Design GmbH will release the reserved goods as well as the goods or claims which replace them on request at their discretion, provided their value exceeds the amount of the secured claims by more than 50%.
(9) If Dero Textil-Design GmbH withdraws from the contract in case of breach of contract by the purchaser – in particular default of payment – (recovery case), it is entitled to demand the restitution of the reserved goods.
10 instructions according to battery law (BattG)
Since we sell batteries and rechargeable batteries or devices that contain batteries and rechargeable batteries, we are obliged under the Battery Act (BattG) to point out the following: Batteries and rechargeable batteries must not be disposed of with household waste, but you are responsible for returning used batteries and batteries Batteries legally required. Used batteries may contain harmful substances which, if not properly stored or disposed of, could harm the environment or your health. But batteries also contain important raw materials such as Iron, zinc and manganese or nickel and are recycled. You can either return the batteries to us after use or return them free of charge in the immediate vicinity (for example, in stores or municipal collection points). The crossed-out wheelie bin means that you must not dispose of batteries and rechargeable batteries as household waste.
11 Place of performance and jurisdiction, choice of law
(1) The place of jurisdiction and place of performance for all disputes arising directly or indirectly from the contractual relationship, including bill of exchange claims, is Krefeld. Mandatory legal provisions on exclusive jurisdictions remain unaffected by this provision.
(2) Contractual partners who are not domiciled in the Federal Republic of Germany may, at our discretion and without prejudice to the choice of law, also be sued at their general place of jurisdiction, if this seems sensible to us for reasons of enforced execution.
(3) The relations between Dero Textil-Design GmbH and its contractual partners are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
12 Final provisions
Insofar as the contract or these General Terms and Conditions contain gaps in the regulations, those legally effective provisions shall be deemed to have been agreed which the contracting parties would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known the omission.
The client acknowledges that Dero Textil-Design GmbH stores data from the contractual relationship in accordance with § 28 of the Federal Data Protection Act for the purpose of data processing and reserves the right to transfer the data to third parties (eg insurance companies) for the fulfillment of the contract.