Terms of Business

1.  Prices
 
Prices shall be quoted net "ex works" plus the respective applicable turnover tax. foil direct GmbH reserves the right to increase its prices.
 
2.  Orders Orders shall always be subject to confirmation. A contract shall be formed only upon a written order confirmation or upon delivery by foil direct GmbH. An automatic order confirmation by the company's shop-software is not such confirmation.
 
3.  Delivery
 
3.1  Delivery of goods exceeding a net price of 250.00 EUR will be free of charge within Germany (except special areas that have a DPD-surcharge, e.g. islands). The customer bears the costs for C.O.D. services and other special services. If the shipment consists of more than three packages, foil direct GmbH reserves its right to invoice the freight on expenditure, after previous consultation with the customer.
 
3.2  Delivery dates and delivery periods shall be binding only if they have been agreed as binding in writing in a specific case. Reasonable partial deliveries shall be permitted. The shipping conditions are subject to foil direct GmbH's choice, either ex works or ex warehouse. The risk of non-payment and non-performance shall pass to the customer directly from the delivering plant or the distribution centre.
 

4.  Aptitude
 

Statements by members of the staff of foil direct GmbH or in published articles, will be rendered in good conscience and will not lead to any right of compensation to the customer. Characteristics of any good will only be considered part of the contract, if assured in writing. The customer has to test the aptitude of the good incl. the colour for his respective needs.
 
5.  Quality defects
 
5.1  Claims for a quality defect shall become time-barred within one year of delivery. 
 
5.2  The customer shall inspect deliveries without undue delay for completeness, conformity with the order documents and defects and shall assert recognizable discrepancies and defects in writing. If no complaint is made within five days of receipt by the customer, the respective delivery shall be deemed in conformity with the relevant agreement, unless the discrepancy was not recognizable despite careful inspection. Minor discrepancies as to format, colour or quality do not constitute a quality defect. Neither do cuts nor splice constitute a quality defect, as they are considered industrial standard. The costs resulting from an undue complaint will be borne by the customer.
  
5.3  If the customer may claim for defects, he shall initially only have the right to subsequent performance within a reasonable period. The subsequent performance shall comprise, at foil direct GmbH's option, either rectification of the defects or a substitute delivery. The customer has to give foil direct GmbH sufficient time for subsequent performance; otherwise his claims will be ceased. Further claims are excluded, as far as foil direct GmbH did not produce the damage with gross negligence or intentionally or if the customer claims compensation for lack of assured characteristics of the good.
 
5.4  If rectification of the defect is unsuccessful or cannot be effected for other reasons, the customer may, in accordance with the relevant statutory conditions, reduce the compensation or rescind the agreement.
 
5.5  As for machines and software programmes, the terms of guarantee of the respective manufacturer are valid. foil direct GmbH does not grant any guarantee for expendable goods. foil direct GmbH is not liable for damages to other goods as a result of use of goods (e.g. machines or surfaces) delivered by foil direct GmbH.
 

6.  Retention of title
 

6.1  The delivered goods shall remain the property of foil direct GmbH until the complete payment of all receivables.
 

6.2  Pledging or transfer by way of security of the goods subject to retention of title or of the receivables assigned shall not be permitted.
 
7.  Payments
 
7.1  Payment for machines or software programmes are subject to either payment in advance or C.O.D.
 

7.2  Payment for expendable goods shall be due and payable without any deduction within 30 days of the invoice date. On direct debits, foil direct GmbH grants 4.0%, on payments within 14 days of the invoice date 2.0% deduction. foil direct GmbH does not grant any deduction if any other invoice within the business relationship is overdue.
 
7.3  If the customer exceeds a term of payment, his debtor's delay is an automatic consequence. Debtor's delay is also an automatic result if a direct debit is not accepted by the respective bank. foil Direct GmbH claims 3.00 EUR compensation for any dunning letter.
 

7.4  Depending on customer's creditworthiness, foil direct GmbH may, at its own opinion, confine a customer to C.O.D., i.e. a surcharge of net 6.90 EUR per order. As a surcharge-free alternative, customers may use PayPal, regardless their creditworthiness.
 

7.5  For customers whose billing or delivery address is abroad, there is no minimum order value, but the payment methods are limited to PayPal, payment in advance, or C.O.D. (a surcharge of net 12,90 EUR will be added). 
 
7.6  If the customer exceeds a term of payment by more than two weeks, foil direct GmbH may - at its own discretion - accelerate all outstanding debts immediately.
 
8.  Miscellaneous
 

8.1  All contractual relations of the parties shall be governed exclusively by German law. The United Nations Convention on the International Sale of Goods (CISG) shall be excluded. Place of performance for all obligations under the contractual relations of the parties shall be Hannover, Germany.
 

8.2  Mistakes and technical alterations are reserved.
 
8.3  In case any of the regulations within these terms of business is invalid, a regulation shall take its place that meets the sense of the original term the most.
 

8.4  If a new catalogue/pricelist is published, the previous one becomes invalid automatically.
 
Valid from 5th July 2011