General Terms and Conditions (as of 31.12.2015)
1. Validity of the conditions
1.1 Our following terms and conditions apply to all contracts with merchants for the delivery of our goods, which we offer for sale in our product overviews.
1.2 Differing conditions of purchase of the client shall only apply with our written consent. A counter-confirmation of the buyer with different conditions is hereby contradicted.
1.3 The legal ineffectiveness of a part of these conditions is on the validity of the other contents of the same without influence.
1.4 Insofar as these GTC do not contain any provisions, the content of the contract shall be governed by the statutory provisions applicable in the Federal Republic of Germany.
2. Conclusion of contract
2.1 Our offers are always non-binding. The orderer is bound to his order until the rejection by us or by revocation. The contract is concluded with our declaration of acceptance (order confirmation) and according to its content or by delivery or service.
The purchase contract is subject to the availability of goods, as it may be due to the long transport routes from our foreign suppliers to us to delays. So-called partial deliveries may occur, i. some positions receive different confirmation dates. These dates are listed by us in the order confirmation and updated if necessary as soon as we receive up-to-date information from our suppliers. If the client does not accept partial deliveries, this must be notified to us in writing within 14 days immediately after the order has been placed, but no later than after receipt of the order confirmation. If without this written notice by the client a refusal of acceptance of the partial delivery takes place, this has to pay the incurred shipping costs in full.
2.2 Individual agreements on delivery time agreements, price agreements, assurances of features and deviations from our terms and conditions must be in writing to be effective. This requirement can not be waived.
2.3 Form, color and performance data as well as illustrations are only approximate and without obligation, unless they are expressly designated as binding. Most of our products are handmade and therefore unique. Thus, within the delivery of only one article in multiple execution, both the dimension and the coloration (finish) may vary. The intensity of the coloration may decrease over time.
3.1 By concluding a purchase contract, we undertake to deliver the goods to the buyer without defects within the agreed delivery period. If no delivery period is determined, the delivery will be carried out immediately with availability of goods.
3.2 Delivery is per delivery address and delivery date. Free delivery within Germany and Austria depends on the postal code area and can be found on www.asiastyle.de/b2binfo/ or our price list. Automatic cancellation of arrears after partial delivery is reserved.
Fixed prices for transport costs under the free-of-house limit can be found in our current price list or on www.asiastyle.de/b2binfo/.
3.3 The minimum order value is 750, - Euro net, for follow-up orders 350, - Euro, net. For orders below the minimum order value we charge a surcharge of 12,50 Euro net. Regardless of minimum order value or minimum quantity surcharge, our sales units (VE) are binding.
3.4 Individual discounts between us and the client are possible and apply exclusively in writing.
3.5 Packaging is not calculated and not taken back.
3.6 If the delivery for custom-made items depends on the buyer having to provide us with documents, such as drawings, gauges, samples or the like in advance, the period of the individually agreed delivery period shall not commence until the day of full access to these documents.
3.7 If changes or additions are taken into account, the delivery time is extended by arrangement.
3.8 If delivery or performance is delayed by us and the purchaser claims damages instead of performance, our liability, unless gross negligence or willful intent, shall only occur in accordance with the statutory provisions in force in the Federal Republic of Germany if delivery or service can not be provided in writing after a period to be agreed again. In the event of impossibility of delivery or service for which we are responsible liability is excluded. To the extent permitted by law, all further claims of the client, including claims for damages resulting from consequential damage, are also excluded.
4.1 The prices quoted in our price lists, advertisements and advertising leaflets are always non-binding and are only deemed agreed upon written confirmation of the order. Check the order confirmation for obvious typing and calculation errors as well as for deviations between order, confirmation and delivery. You are obliged to notify us immediately of such disagreements.
4.2 Our prices are in EURO net without VAT. The calculation is based on the catalog or list prices valid on the day of the conclusion of the contract.
4.3 The amount of the maximum discount granted resulting from the addition of various discounts, including special discounts, is limited to 15%. A total discount exceeding 15% requires a separate written agreement.
5. Place of performance
5.1 The place of performance for the buyer's payment obligation is Lotte.
5.2 Place of performance for our delivery obligation is ex works or from Lotte.
6.1 If the delivered goods are defective, the purchaser or purchaser is only entitled to rectification and, if this is impossible, to a claim for replacement delivery instead of the statutory warranty claims. Only then, if the repair on the second attempt or the first replacement delivery failed, the buyer or customer can demand at his discretion the reduction of the agreed price or the cancellation of the purchase contract.
6.2 Transport damage
Please inspect the shipment for possible external damage to the packaging (cracks, holes, compressions) before you acknowledge the receipt, as the carriers often dispute the claims for recourse in the event of hidden damage that becomes visible after unpacking the goods. If you notice any external damage to the packaging, please note it together with your signature on the receipt or, if applicable, on the electronic signature scanner. (eg "torn" or "heavily compressed"). The customer must notify us of any defects within 8 days after delivery in writing by submitting our delivery note and a photograph to email@example.com, otherwise the delivery or service shall be deemed approved. Further claims of the customer, in particular for damages, also for consequential damages, are excluded, insofar as legally permissible.
7. Due date of the purchase price
7.1 Unless otherwise agreed in writing, the purchase price for delivered goods shall, in principle, be due on the calendar day indicated on our invoices in the calendar.
7.2 For determining the timely performance of the purchase price it is not on the date of dispatch, but on the receipt of payment to us.
7.3 For early payments (authorization for immediate direct debit) we grant 3% discount. If payment is made within a period of 7 days (calculated from the invoice date), we grant a 2% discount on the invoiced purchase price, provided that the buyer is not in arrears with the payment of other due invoices.
7.4 If the agreed payment term is exceeded, the agreed deferral expires for all other invoices. This also applies in the case of bankruptcy or settlement opening.
8. Due date interest
8.1 Both Contracting Parties shall be entitled to demand interest in the amount of the customary bank interest, but not less than 9% for the year, for their mutual claims based on the purchase contract from the day of their due date.
8.2 The interest obligation is waived,
a: as long as the due claim is deferred,
b: if the creditor is in default of acceptance under the conditions of the Federal German statutory regulations.
c: if the debtor was entitled to deposit for cash payment and deposited the amount.
8.3 If a due claim is subsequently deferred, this does not eliminate the obligation to pay interest.
9. Retention of title
9.1 The goods remain the property of the seller until full payment of all claims, including ancillary claims and claims for damages.
9.2 The retention of title also remains valid if individual claims of the seller are included in a current invoice and the balance is drawn and acknowledged.
9.3 The buyer is entitled to resell the reserved goods only under consideration of the following provisions and only with the proviso that the claims are in accordance with
9.5 actually transfer to the seller.
9.4 The right of the Buyer to sell reserved goods in the ordinary course of business shall cease upon revocation by the Seller as a result of a lasting deterioration of the Buyer's financial position, but at the latest upon cessation of payment or upon filing for bankruptcy or composition proceedings against his assets.
9.5 The buyer hereby assigns the claim, including any balance claims with all ancillary rights, from the resale of the reserved goods to the seller. The seller accepts this assignment.
9.6 The Buyer is authorized, as long as he meets his payment obligations, to collect the assigned claims. The collection authorization expires upon revocation, but at the latest at default of payment of the buyer or in case of significant deterioration of the financial circumstances of the buyer. In this case, the seller is hereby authorized by the buyer to inform the customers of the assignment and collect the claims themselves.
9.7 If the invoice value of the security existing for the seller exceeds its claims (including ancillary claims, eg interest, costs) by more than 20% in total, the seller is obliged to do so at the request of the buyer or a third party affected by the seller's overcollateralization Release of fuses required by the seller.
10. Set off
The buyer can only set off our purchase price claims or assert a right of retention if the counterclaim of the buyer is undisputed or a legally valid title exists.
11. Jurisdiction agreement
11.1 For the mutual assertion of individual claims based on a purchase contract, in particular of purchase price claims, the factual and territorial jurisdiction of the district court at the location of the seller shall be agreed at the choice of the plaintiff. This agreement is only valid to the extent that both contractual partners are registered traders and no exclusive place of jurisdiction is justified.
11.2 If one of the parties to the contract is a fully qualified person, para. 11.1 shall apply. for the following cases as expressly agreed:
a: that the buyer has his domicile or his place of business abroad or in one of the contracting states of the EU;
b: that the contracting party to be claimed in the legal action relocates its domicile or habitual abode from the territory of the Federal Republic of Germany or its place of residence or habitual residence at the time of filing of the action is unknown.
12. Shipping costs
Should orders contain items that are not available, Asiastyle GmbH reserves the right to make partial deliveries. As a result, the shipping costs may increase and deviate from the specified shipping costs in the shopping cart. This can only be waived if only a total delivery has been agreed. Our terms of delivery and payment, with which our customer agrees when placing the order, and also for future transactions, even if not expressly referred to, but they have been received by the customer in the case of an order confirmed by us, shall apply exclusively. If the order deviates from our terms of delivery and payment, then only our terms of delivery and payment shall apply, even if we do not object. Deviations therefore only apply if they have been expressly acknowledged by us in writing.