Terms of service

GENERAL TERMS AND CONDITIONS GIFT COMPANY GMBH, HAMBURG

GENERAL

All agreements and offers are based on our terms and conditions. By placing an order or accepting delivery, they are also recognized for future transactions. Deviating terms and conditions of the buyer which we do not expressly recognize in writing are not binding for us, even if we do not expressly object to them.

If we specifically amend individual clauses of the following or declare them invalid, this shall not affect the remaining (general) clauses.

OFFER, ORDER, ORDER VALUE

Our offers are subject to change ex warehouse Hamburg.

A contract shall only come into effect upon our order confirmation in text form.

In case of doubt, the delivery bill or invoice shall also constitute an order confirmation.

The minimum order value for the first delivery is 800.00 Euro, for subsequent orders 250.00 Euro.

Back orders, unless canceled by the customer, will only be delivered with a value of EUR 100.00 or more.

DELIVERY, SHIPMENT

Force majeure and all events beyond our control, including incorrect or delayed self-delivery, shall release us from our delivery obligations or give us the right to withdraw from the contract in whole or in part or to postpone the delivery date for the duration of the delay. Any claims for damages on this account are excluded.

Delivery deadlines are non-binding.

We are entitled to make partial deliveries.

Shipment is at the risk and expense of the buyer. Domestic deliveries are free of charge from an order value of 1000,- Euro.

WARRANTY

All deliveries must be checked by the buyer immediately upon receipt for completeness, damage or complaints. Externally recognizable damage or loss must be reported to the carrier and certified by him before acceptance. Transport damage not properly identified or reported late will not be compensated.

The buyer shall be deemed to have waived defects in quality if he has refrained from inspecting and possibly objecting to a sample supplied by us within the agreed period of time. The same applies if the buyer has found the sample to be good.

In the event of justified complaints and immediate notification within 24 hours of receipt, we shall be obliged to settle the warranty claims, either by rectifying the defect, supplying a replacement free of charge or crediting the equivalent value. As long as we fulfill our obligations for subsequent performance, in particular to remedy defects or to deliver a defect-free item, the buyer has no right to demand a reduction in payment or to withdraw from the contract, unless it is clear that subsequent performance has failed.

Returns of goods that have not been agreed with us in advance will not be accepted.

For complaints/returns of goods that are not recognized and are only accepted as a gesture of goodwill, a 20% lump sum will be charged on the value of the goods.

PRICES, PAYMENT

Our prices are subject to change, plus VAT, payable net cash.

Checks are only accepted on account of performance.

Orders for which fixed prices have not been expressly agreed shall be invoiced at the list price (current price) valid on the day of delivery.

The maximum payment term is 30 days from the invoice date. Payments shall be credited sequentially against costs, interest and the oldest debt due to the buyer.

In the event of late payment, failure of the bank debit procedure or if we become aware of circumstances that call into question the creditworthiness of the buyer, all existing liabilities shall become due immediately and the buyer shall be obliged to pay the usual bank interest and commission rates without the need for a reminder. The assertion of further damages caused by default remains unaffected.

In such cases, we shall be entitled to make outstanding deliveries only against advance payment, to withdraw from all existing contracts and/or to claim damages for non-performance and to take back and utilize goods delivered subject to retention of title at the Buyer's expense.

The buyer is not entitled to offset our claims against liabilities which we have disputed.

RETENTION OF TITLE

All delivered goods remain our property until the buyer has settled all claims to which we are entitled. This reservation shall not expire if the buyer allocates certain deliveries to his payments.

The buyer is revocably entitled to resell the goods subject to retention of title in the normal course of business, provided that he informs the customer of the extended retention of title; the buyer hereby assigns to us the resulting claims, and we hereby accept the assignment. The purchaser undertakes to provide us with the name and address of his customer upon request.

We shall release the above securities at our discretion at the buyer's request, insofar as their value exceeds the claims to be secured by at least 20%; we shall be responsible for selecting the securities to be released.

If the reserved goods are processed into a new item or mixed with other items, we shall acquire co-ownership of the new item to the value of the invoice amount.

The buyer is not permitted to pledge, transfer by way of security or assign the delivered goods. If a third party seizes or confiscates the goods, the buyer shall inform us immediately and provide us with the name and address of the third party. Costs for defense measures, in particular costs in the context of an action pursuant to § 771 ZPO, shall be borne by the buyer.

As long as the buyer meets his payment obligations to us on time, he is entitled to collect his outstanding debts for himself.

If the buyer fails to make due payments or if he applies for insolvency proceedings or if such proceedings are opened, his right to resell and use the reserved goods shall expire; in such a case we shall be entitled to collect the assigned claims immediately.

COPYRIGHTS, USAGE AGREEMENTS

All data published by us, in particular all photographic representations, are protected by copyright. Any use, in particular copying and making available to the public, remains prohibited until our written permission has been obtained.

For the use of photographic material, we grant the user a non-transferable right of use, limited exclusively to the user's website, catalogs and other printed matter, upon request by means of an individual user agreement that can be revoked at any time.

PLACE OF PERFORMANCE, PLACE OF JURISDICTION

The place of performance and jurisdiction is Hamburg. German law shall apply.

The UN Convention on Contracts for the International Sale of Goods is excluded.

Version January 2024