The following general terms and conditions apply for all contracts, deliveries and other services. We hereby explicitly reject any contrary provisions of the contract partner. All supplementary agreements require our written confirmtion. The Fa. Libre GmbH is entitled to change or amend these terms and conditions including all possible arrangements with an adequate term of notice. Orders received previously will be processed in accordance with the general terms and conditions valid at that time.
Our offers are non-binding. Small deviations and technical alternations of our drawings and descriptions are possible. The respective catalogue loses it´s validity with the appearance of a newer version.
3. Delivery and Payment
There is no minimum order quantity. All our prices are end prices including the statutory value added tax of 19%. We reserve the right to make partial deliveries provided that this seems advantageous for quick processing of an order. In the case that special methods of dispatch are requested by customers, the normal local extra costs will be additionally invoiced.
- The purchaser acknowledges our terms and conditions at the placing of an order.
- Prices are indicated in Euro ex works, including VAT.
- Our terms of payment are as follows: National – payment in advance or debit – cash by collection. International – payment in advance.
- Delivery shall be at the expense of the purchaser by post/mail, parcel service or a logistics company of our choice.
- Shipment of the goods shall be ex works or warehouse of suppliers. The goods are considered delivered as soon as they leave the warehouse.
- Complaints in writing will only be considered within 8 days after receipt of the goods. A defective part of the delivery shall not constitute the right to claim for the entire delivery. Any claims for damages are excluded. In the case of a justified notice of defects, an exchange can be made or a credit for the value of the goods, respectively the replacement of the purchase price, will be given. Upon return, the goods to be exchanged must be unused and in perfect condition. Goods can only be returned after prior agreement and free of postage charge. Freight collect returns, even in the case of a justifiable claim, will not be accepted. In the case of a justifiable claim, the disbursed delivery costs will be refunded in form of the most cost effective dispatch.
- Special orders are excluded from exchange.
- A withdrawal from the order is possible within 24 hours of placing the order.
- We are not liable for any direct or indirect damages originating from our products, as well as the assured characteristics.
- We reserve the right to changes in the form and design of our goods for the further development of our products.
- Any errors with prices, pictures and texts reserved.
- Until complete payment the goods remain our property. Subsequent deliveries result only after complete payment of all open invoices have been made.
- Place of performance is the seat of the supplier. Place of jurisdiction is the court of the supplier.
- Should certain regulations of these business terms be ineffective or become ineffective, the validity of the remaining regulations remain intact.
4. Delivery times
Goods which are in stock will be dispatched within 5 days (we shall not be held responsible for transport problems). If the goods are not in stock, we will do our best to arrange shipment as quickly as possible. In the case that non-compliance with delivery or service dates is due to an act of nature, a strike, unforeseeable hindrances or other circumstances beyond our control, the time limit shall be extended appropriately. In the event of non-compliance with the delivery deadline for reasons other than those listed above, the buyer is entitled to set an appropriate new deadline and, once it has expired without success in regard to the contractually agreed delivery or performance, withdraw from the contract. If delivery is impossible based on inability of the manufacturer or our supplier, both we and the buyer may withdraw from the contract, provided that the delivery date has been exceeded by 2 months. Claims for compensation due to delay or impossibility or non-fulfillment, including those incurred prior to the withdrawal from the contract, are excluded. Unless however a legal representative of the Fa. Libre GmbH has acted with intent or gross negligence.
5. Right of return
We guarantee the right of the customer to return the unused goods within 14 days. The deadline for return is assured by shipping the goods in a timely manner (date of invoice). The return shipment will only be accepted if sufficient postage has been paid. The right of return is not valid for discounted goods and goods sold within special sales campaigns.
6. Transfer of risk
The risk shall transfer to the customer upon dispatch of the shipment.
The Fa. Libre GmbH ensures that the goods sold were free of material and manufacturing defects at the time of the passing of risk and possess the contractually guaranteed properties. Upon receipt, the customer must examine the goods for defects and condition without delay. In the case of obvious defects, these must be reported to us in writing within 10 days of being discovered, hidden defects likewise. Otherwise the guarantee is cancelled for these faults. The guarantee period is 6 months from the time of delivery. In case of claims, the purchase date must be proven by means of an invoice. Warranty claims are to be submitted with the defect item, a copy of the invoice and sufficient postage. The warranty does not apply to normal wear and tear. The warranty ceases to apply if the customer alters the delivered goods in any way. The Fa. Libre GmbH retains the right to correct faults free of charge during the warranty period. A partial or complete exchange of the article is allowed. If the defects are not corrected within an appropriate period of time, the buyer has the right of rescission or reduction. Art. 476a of the German Civil Code applies.
8. Title retention
The goods remain the property of the Fa. Libre GmbH until total payment has been made.
9. Data storage
Subject to § 28 of the German Federal Data Protection Act, we point out that any data required for the completion of any proceedings may be processed and stored by means of an EDP system in accordance with § 33 (BDSG). We guarantee that all personal data will be treated as confidentional.
10. The name "Dyck-Carts" is trademarked.
Place of performance and jurisdiction for both parties shall be the registered seat of the Fa. Libre GmbH. The law of the Federal Republic of Germany applies exclusively.
11. Place of jurisdiction