1. Scope of contract
For all contracts, deliveries and other services only these terms will apply in the valid form of the date of purchase. If any clause of these terms should not be valid, it shall not make the other conditions invalid.
2. Offers and prices
All offers are subject to confirmation. Changes of price, technical adaptations, print or other errors or unsold articles are at the decision of Best of Solingen. Separate conditions are only valid if confirmed in written.
All prices are including European Sales Taxes. Customs, local taxes, shipping & handling and other charges are either charged separately or to be born by the purchaser.
3. Rights of withdrawal or return
The purchaser is free to retract from the contract within 2 weeks after receipt of the merchandise without reason. A written notice has to be issued by letter, fax or email in order to comply with the time period. It has to be sent to:
Best of Solingen
Fax: +49-212-254 19 57
Consequence of retraction:
In case of a valid retraction all actually rendered services have to be reimbursed. In case of a depreciation of the merchandise an appropriate value replacement can be claimed by the contractor.
Shipping costs are to be born by the purchaser.
4. Delivery and passing of risk
Shipment of the merchandise is effected generally through a parcel service. The contractor is entitled to make partial shipments in reasonable numbers. Charges for shipping & handling will then only apply once. Due to dependencies from sub suppliers delivery times cannot be avoided sometimes. The contractor shall inform the purchaser within reasonable times about the situation. Dedicated delivery dates cannot be guaranteed.
Is the contractor behind schedule with the delivery an extension of time has to be granted in written. If the shipment has not been effected after this extension, the purchaser may retract from the contract. §361 of the German BGB remains unaffected from this clause. Additional titles cannot be claimed from the contractor, especially no claims for direct or indirect damages.
The risk passes from the contractor to the purchaser or its logistic partner with the exit of the merchandise from the premises of the contractor.
Payment can be effected through credit card, PayPal or invoice. For payment with credit card and PayPal the amount due will be charged with the dispatch of the merchandise. For invoices the merchandise will be shipped after receipt of the money on the contractors account. If a shipment that has been paid cannot be shipped within 30 days, then the contractor will be liable to return the payment of the purchaser upon his demand.
The statutory period of limitation fort he delivered merchandise is 2 years from the time of delivery. The contractor is liable according to the legal terms of product liability or other legal obligations. The contractor will validate the merchandise before delivery. Leather products are subject to variations of color and surface. All hand made products may also vary from the originals or pictures shown or printed. These deviations may not be claimed as deviation from the contract.
All claims are only valid if they are immediately reported to the contractor, latest within one week after receipt by the purchaser. Hidden defects have to be announced within the legal period of liability to the contractor.
Upon qualified objections the contractor has the right to reimburse or to rework - excluding other forms of clams. Any claim is limited to the net value of the purchase. Consequential harm caused by the defect is excluded from liability.
The contractor reserves his right to withdraw from the order in case of unavailability of the merchandise or service. Defects at a part of the shipment do not justify the return of the total shipment. The contractor is not liable for damages of the logistic carrier. Claims of the purchaser against the carrier are not affected by this clause.
7. Retention of title and right of retention
Delivered merchandise remains the property of the contractor until full payment of all receivables against the purchaser.
8. Place of execution
German law applies to all contracts. Place of execution for all claims and dispute resolutions is as far as allowed the site of the contractor.
9. Data security
The purchaser agrees to the utilization of personal data. Data necessary for order processing may be stored and exchanged with participating companies. The contractor commits himself to handle all personal data strictly confidential. For reasons of credit card transactions the purchaser entitles the contractor to exchange data with 3 rd party companies and credit agencies.