Terms of Business
The foil direct GmbH only delivers to companies involved in sign making and related industries such as t-shirt shops, copy shops, sign makers, screen printers, booth builders and large format printers.
By placing an order with the foil direct GmbH you agree explicitly to our terms of business and confirm that you are a trade customer.
All prices are quoted net "ex works" plus the respective applicable value added tax. The foil direct GmbH reserves the right to change pricing without prior notice.
All orders are subject to confirmation or confirmed by delivery. The automatic order copy sent by the foil direct shop is not deemed as confirmation.
3.1 Deliveries inside of Germany which exceed a net worth of 250 Euro will be sent free of charge as a standard shipment (except special areas that have a surcharge, e.g. islands). Extra costs and surcharges for special shipment such as C.O.D., express delivery, bulk delivery etc. will be carried by the customer. If the shipment comprises more than 3 boxes the foil direct GmbH reserves the right to charge higher delivery charges on agreement with the customer.
3.2 Deliveries will always be carried out as soon as possible without a guarantee as to the speed of shipment or delivery. The foil direct GmbH withholds the right to ship either from the manufacturer or from the own warehouse. The hazard of shipment is carried by the customer.
3.3 All hazards of shipment including damage or loss are carried by the customer as of the point where the shipment is dispatched, this applies to all shipments.
3.4 If the customer does not accept the receipt of the delivery the foil direct GmbH withholds the right to insist on the acceptance or to demand compensation for costs and labour time. The compensation will be 15% of the complete net worth of the delivery and a minimum of 15 Euro net plus incurred carriage costs.
3.5 Once the delivery has been correctly made and all goods are in order it is not possible to return the order, neither whole nor in part, to the foil direct GmbH. If the foil direct GmbH does agree to make an exception, the costs involved in returning the goods are carried by the customer and a surcharge of 15% of the net worth of the goods and at least 15 Euro will be charged.
4. Suitability and Aptitude
All statements made by the foil direct GmbH, either through it’s staff or in written form, publications, price lists, advertising, online shops, landing pages or by whatever, are made in good intent and of good conscience and do not by any means lead to a right for compensation of any kind by the customer. Product characteristics will only be considered part of the contract if explicitly assured in writing in the form of a formal letter signed by the management of the foil direct GmbH. All customers are to ensure that all goods are suitable for the specific use and needs of the customer and are to carry out all checks, for example of colour and to carry out all necessary tests to ensure suitability.
5. Defects / Warranties
5.1 All warranties are limited to one year after shipment by the foil direct GmbH.
5.2 The customer is to inspect all deliveries immediately after receipt and to insure that they are complete, free of defects and comply with the delivery documents. Any discrepancies are to be made in writing and have to reach the foil direct GmbH inside of 5 working days after dispatch through the foil direct GmbH otherwise the delivery is regarded as being correct and free of defects. Small differences in the size, colour and quality do not constitute a reason for defectiveness, neither do splices nor differences in the thickness, width or length inside of the industry tolerances of +/- 5%. The costs for an unjustified complaint are to be carried by the customer.
5.3 Claims due to using the goods in a manner or fashion for which they are not suitable or claims due to weathering, wear out, negligence, wrong storage or if the goods have been used or changed in any way are barred.
5.4 Usage of, or changing the goods in any manner causes the loss of any warranties providing as the goods have been correctly delivered.
5.5 If a claim is successfully made according to these terms of business, the foil direct GmbH can choose to amend the defect by repairing, reimbursing or redelivering. The customer has to give the foil direct GmbH a reasonable amount of time to amend otherwise all claims or warranties become void. Any further claim or entitlement of any kind is barred unless caused by gross negligence through the foil direct GmbH or if the damage is caused by the customer or by the goods not meeting an assured property or attribute.
5.6 If the amendment is unsuccessful the customer is entitled to withdraw from the contract or reduce the purchase price by the exact amount of the affected goods.
5.7 For all machines and software only the terms of warranty of the respective manufacturer are valid. The foil direct GmbH does not grant any guarantees or warranties on any goods and especially not on consumables such as textiles, films, vinyl, inks etc. The foil direct GmbH is not liable for any damage caused by delivered goods in any way whatsoever.
6. Retention of Title
6.1 All delivered goods remain the property of the foil direct GmbH until paid in whole.
6.2 Until full payment the goods cannot be transferred or pledged in any way and the foil direct GmbH remains the proprietor of the title.
7.1 Invoices over consumables are to be paid inside of 30 days as of the invoice date without any deduction or inside of 14 days with a 2% discount. Discount for quick payment will not be granted if another invoice is overdue.
7.2 If a customer exceeds a term of payment he defaults automatically and is considered as being a delayed debtor. For each note of demand the foil direct GmbH is titled to a payment of 3 Euro from the debtor.
7.3 If the debtor is in delay for 5 days the foil direct GmbH is entitled to deem all unsettled invoices as delayed.
7.4 Depending on the customer’s credit worthiness the foil direct GmbH is entitled to choose not to deliver a customer per invoice and to demand COD with the respective surcharge. Surcharge free alternative payment methods for the customer are PayPal, payment in advance (if the ordered amount is 250,- € net or more), or the payment service SOFORT/Klarna. Please note that we reserve the right to deliver the first three orders per PayPal, SOFORT/Klarna, COD oder Cash in Advance before a new customer is authorised to pay per invoice.
7.5 Customers whose billing or delivery address is outside of Germany will not be delivered per invoice but only to the conditions in 7.4 if they are available in that country.
8.1 All relations between the foil direct GmbH and the customer are 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 alterations are reserved.
8.3 In case any of the regulations within these terms of business are or become invalid, a regulation shall take its place that most aptly matches the term or sense of the original regulation.
8.4 With the publication of new pricing or price lists the former price or list becomes invalid. If there are price deviations between our price lists and our online shop the prices in our online shop will be deemed as being correct.
Valid from the 22nd March 2020