Terms of service
FALKEN promotional products shop
Waldstr. 23 / Building A9
Phone: +49 (0) 6074 4843-0
Fax: +49 (0) 6074 4843-130
Managing Director: Martin Leipold
Register court: Offenbach Local Court
Registration number: 12083
Responsible tax office: Offenbach
Tax number: 35 238 00 476
VAT number: DE 113 567 195
Terms and Conditions of Delivery and Payment of Lachmund GmbH
§ 1 General - Scope of application
(1) Our Terms and Conditions of Sale shall apply exclusively; we do not recognise any terms and conditions of the purchaser which conflict with or deviate from our Terms and Conditions of Sale, unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale.
(2) All agreements made between us and the customer for the purpose of executing this contract are set down in writing in this contract.
§ 2 Offer - Offer Documents - Conclusion of Contract
(1) If the order is to be qualified as an offer according to § 145 BGB (German Civil Code), we can accept it within 2 weeks.
(2) All our offers are subject to confirmation. Declarations of acceptance and orders require our written confirmation to be legally effective. The information in the order confirmations regarding the scope of delivery, appearance, services, dimensions and weights are to be regarded as approximate and do not represent guaranteed properties.
(3) We or our suppliers reserve the property rights and copyrights to illustrations, drawings, calculations, tools, print documents, templates, samples and other documents, even if the costs for the preparation of these documents and tools are charged to the customer. This also applies to such written documents which are designated as "confidential". The customer must obtain our express written consent before passing them on to third parties.
(4) The customer shall bear sole responsibility for artwork, films, printing plates and other documents provided by the customer. A print release declared by the customer is binding. If the customer does not object to a proof sent within 3 days, it becomes binding.
(5) The customer is liable for ensuring that the documents provided by him are free of third-party rights. We are not obliged to check this. By placing an order, the customer shall indemnify us against all claims asserted against us on account of any infringements of rights. We shall not be obliged to accept orders or may withdraw from orders which involve an infringement of third party rights or which involve the risk of such infringements.
(6) We are entitled to make excess or short deliveries of up to 10% of the goods ordered. In the event of orders of smaller minimum quantities than those indicated in catalogues or advertising brochures, we reserve the right to charge a separate handling fee or a minimum quantity surcharge.
(7) In the event of non-delivery or late delivery to us and in cases of force majeure, we shall be entitled to withdraw from the contract. In such cases, the customer shall not be entitled to claim compensation.
(8) The customer is obliged to state in the order whether he is reselling the goods to an end consumer. In the event of a breach of this obligation or in the event of a sale of the goods to an end consumer contrary to the information given in the order, the rights under § 478 BGB shall be deemed waived.
§ 3 Prices - Terms of payment
(1) Unless otherwise stated in the order confirmation, our prices are "ex shipping point", excluding packaging, freight, postage, insurance and other shipping costs; these will be invoiced separately.
(2) Statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
(3) The deduction of a discount requires a special written agreement.
(4) Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment within 30 days of the invoice date. The statutory rules concerning the consequences of default in payment shall apply.
(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(6) We reserve the right to make deliveries to new customers dependent on payment in advance. If deliveries or partial deliveries are not paid on time, we reserve the right to postpone the delivery of current orders or new orders or to make it dependent on advance payment.
(7) If the customer does not accept goods that have been properly ordered and are ready for delivery even after setting a reasonable grace period, we are entitled, at our discretion, to demand performance of the contract or to withdraw from the contract and to claim damages for non-performance in the amount of 25% of the order value (excluding VAT). The customer reserves the right to prove a lesser damage.
(8) In the event of a change in customs duties, value added tax, exchange rates, freight costs, insurance premiums and other charges incurred which could not be foreseen when the order was placed, we shall be entitled to amend the price in accordance with the change in favour of and at the expense of the customer without this triggering a right of withdrawal.
§ 4 Delivery time
(1) The start of the delivery period stated by us requires the clarification of all technical questions. In particular, delivery time specifications shall only apply from receipt by us of the complete documents, data and other services to be provided by the customer.
(2) Compliance with our delivery obligation further presupposes the timely and proper fulfilment of the customer's obligation. We reserve the right to plead non-performance of the contract.
(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.
(4) If the conditions of paragraph (3) exist, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the time at which the customer is in default of acceptance or debtor's delay.
(5) We shall be liable in accordance with the statutory provisions if the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible or on a breach of essential contractual obligations; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
(6) In other respects, we shall be liable in the event of a delay in delivery within the framework of a lump-sum compensation for delay amounting to a maximum of 15% of the value of the delivery.
(9) Further legal claims and rights of the purchaser remain reserved.
§ 5 Transfer of risk - packaging costs - dispatch
(1) Unless otherwise stated in the order confirmation, delivery "ex shipping point" is agreed.
(2) If, at the customer's request, the goods are to be delivered to a place other than the seller's place of performance, the risk shall pass when the goods are handed over to the forwarding agent, carrier or other person designated to carry out the shipment.
(3) Transport packaging and all other packaging in accordance with the Packaging Ordinance will not be taken back, with the exception of pallets. The customer is obliged to dispose of the packaging at his own expense.
(4) If the customer so desires, we shall cover the delivery by transport insurance; the costs incurred in this respect shall be borne by the customer.
(5) The customer shall be obliged to immediately inspect the goods for packaging damage and freedom from defects.
(6) The choice of the shipping route and the shipping method shall be made by us according to the best economic circumstances, without any obligation for a possibly more favourable shipping method. Special shipping methods must be notified by the customer in writing.
§ 6 Liability for defects
(1) Claims for defects on the part of the purchaser presuppose that the purchaser has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The period for giving notice of defects shall be a maximum of 3 working days after receipt of the goods. Any warranty is excluded for improper storage of the delivered goods at the customer's premises.
(2) We deliver the ordered goods in customary quality. In the event of a purchase according to sample, the preceding sampling shall be decisive for the quality to be complied with. Reasonable changes due to technical innovation or further development and due to production are approved by the customer as being in accordance with the contract.
(3) Insofar as the purchased item is defective, the customer shall be entitled, at its discretion, to subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.
(4) If the supplementary performance fails, the customer shall be entitled to choose between withdrawal from the contract and a reduction in the purchase price. The return of rejected goods requires our prior consent.
(5) We shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(6) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(8) Unless otherwise stipulated above, liability is excluded.
(9) The limitation period for claims for defects is 12 months, calculated from the transfer of risk. In the case of Far East goods and so-called cent articles, the warranty period is limited to the usual service life for the corresponding article, up to a maximum of 12 months, calculated from the transfer of risk.
(10) The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it amounts to five years, calculated from the delivery of the defective item.
(11) In the event of a sale to an end consumer within the meaning of the BGB, the statutory provisions shall apply with regard to liability for defects.
§ 7 Joint and several liability
(1) Any further liability for damages than provided for in § 6 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for property damage pursuant to § 823 BGB.
(2) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
§ 8 Retention of title
(1) We retain title to the object of sale until receipt of all payments under the delivery contract. In the event of conduct in breach of contract on the part of the customer, in particular in the event of default in payment, we shall be entitled to take back the object of sale. The taking back of the object of sale by us does not constitute a withdrawal from the contract unless we have expressly declared this in writing. The seizure of the object of sale by us shall always constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realise it; the proceeds of realisation shall be set off against the customer's liabilities - less reasonable realisation costs.
(2) In the event of seizures or other interventions by third parties, the purchaser must inform us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
(3) The customer shall be entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The customer shall remain authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no petition in bankruptcy or composition or insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
(4) We undertake to release the securities to which we are entitled at the request of the customer insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is incumbent on us.
§ 9 Miscellaneous
(1) We and our sub-suppliers are entitled to affix our company logo or our company name to the delivered goods and to use the goods delivered by us for commercial purposes, in particular for display in our business premises and for illustration in catalogues and brochures of all kinds.
(2) We are entitled to store the data of which we become aware in connection with the business transaction and to pass them on to the contractual partners engaged by us for the transaction.
(3) Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or the underlying contract.
§ 10 Place of jurisdiction - Place of performance
(1) If the customer is a merchant, our registered office shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at the court of his place of residence.
(2) The law of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) Unless otherwise stated in the order confirmation, the place of performance shall be the place of dispatch of the goods.