General Terms and conditions
For all deliveries, only our latest general terms and conditions are valid. Other conditions made by the byer need our confirmation. By placing an oder, our general terms and conditions are considered as accepted.
1. Offer
Our offers are always subject to change. They are calculated because of cost parameters on the day of order confirmation. If there are essential price changes by the date of delivery, which can be 4 months after date of contact earliest, we reserve the right to adapt the prices accordingly.
2. Delivery
Deliveries are usually executed ex stock Soest. The goods are packed according to custom and usage. We reserve the right to take deliver replacements or short deliveries, provided that this is suitable for an efficient execution. Short deliveries executed and invoiced by us have to be paid in line with our conditions of payment. Each short delivery is a single transaction. The whole invoice amount has to be paid until the confirmed date, even if it is resulting in a complaint, subject to later regulations of the difference. The buyer only has the right to withdraw from the contract because of noncompliance of the delivery time if he placed an appropriate period of grace of four weeks in written form. Our obligation for delivery is subject to the right delivery on time on behalf of our suppliers. If a late, non- or wrong delivery of our suppliers is not based on our fault, we are authorised to withdraw from the contract. If there is a local delivery problem at the place of the buyer, he has to carry all the costs that thereby incurred or will incur. The delivery is always on account and risk of the buyer, as not declared otherwise. Basically, the place of risk transfer is by handing over the goods to the transporter (post office, railroad company, forwarder, parcel service, etc.).
3. Prices
All prices mentioned are without value added tax and without engagement. The packing costs are also not included. With release of a new pricelist, all earlier privelists become void.
4. Conditions of payment
Subject to other agreements, by accepation of the order, our invoices have to be paid as follows:
Direct debiting 3% discount
Receipt of payment within 14 days from date of invoice without discount
By regulation of payment via cheque, we charge a fee of 2.50 €.
All new clients have to pay in advance. If there are delays in payment, all receivables are immediately due. We have the right to charge moratory interest in the amount of our financing costs as well as dunning charges. If the direct debiting is not possible because of insufficient coverage, we charge a current amount of 10.00 €. All foreign payments have to bee free for us. We reserve the right to use cash on delivery or payment in advance for order processing.
Discount: We only grant discounts after prior consultation. If there are already price reductions, it is not possible for us to grant further discounts or special prices.
5. Reservation of property rights
The delivery of our goods is executed under reservation of property rights according to §455 BgB.
The reserved goods remain our property until full payment of the invoice amount. We reserve the property right on the delivered goods until full payment of all receivables of the business connection, also of those which will incur in future. This is also valid if there are payments on certain goods. Each distraint or transfer by way of security of our goods to a third person without our allowance is excluded. We have to be informed immediately by the buyer if there is distraint of these goods by a third person. The client is engaged to cover the goods against fire, water, theft and other damages on its costs.
6. Liability
Faults due to the delivery have to be recorded immediately and in written under presence of the parcel service or forwarder.
6.1 We are liable in legal extent for damages that are due ti intended or grossly negligent action of us, one of our legal proxies or auxiliary persons. We also are liable in legal extent for damages on injuries on the body, life or health that are due to negligent or intended violation of our obligation.
6.2 We only are liable for damages due to slight negligence of us, one of our legal proxies or auxiliary persons if there is a breach of an essential contractual obligation. In this case, the liability is limited to the purchase price.
6.3 Indemnity claims according to 6.2 become time-barred by one year after the legal start of the limitation period if they are not due to an intention of our part.
7. Warranty
On all UNICORN Products we grant a warranty of 2 years. Products that are rent out or used for business purposes only have a warranty of 6 months. Natural wear and tear parts like wheels, rolls, cover fabric and similar damages that are due to improper use by the client are not covered by the warranty. We reserve the right to carry out technical changes as well as changes in shape and colour. The information on weight, measures, capacity, power, colours, etc. are only approximate value. We have to be informed in written about evident faults within 8 days after delivery, about non-evident faults within 8 days after discovery, latest within 6 month from delivery. If there is a warrantable claim in due time, we deliver after our choice a free replacement or reparation. For doing so, we have an adequate time to execute the claim. If the reparation or the replacement fails, the buyer can demand a reduction of the price or withdraw from the contract. Returns will only be accepted after prior agreement.
8. Place of fulfillment
Jurisdiction and place of fulfillment for deliveries and payment is Soest.
UNICORN GmbH · Sälzerweg 1 · D-59494 Soest
Fon: +49 (0) 29 21 / 66 39 500 · Fax: +49 (0) 29 21 / 66 39 555
Mail: info@unicorn-toy.de
www.unicorn-toy.de
