Terms and Conditions
1. General. The following terms and conditions apply exclusively to all deliveries, including those arising from future business transactions, even if no specific reference is made to them in individual cases. Any conflicting terms and conditions of the buyer shall not be legally valid, even if we do not expressly object to them. Verbal or telephonic side agreements or amendments to the contract or to the terms of sale, delivery, and payment are only valid if confirmed in writing by the supplier.
2. Offers Our offers are always subject to change without notice. We do not guarantee that the goods we offer for sale will actually be available or that they will be delivered at the stated prices. We reserve the right to make changes to the illustrations and descriptions, weight specifications, and to correct any errors.
3. Deliveries and Delivery Times Delivery is generally made on the agreed delivery date. Partial deliveries are permitted. If the delivery date is exceeded, the buyer is entitled to withdraw from the contract, provided they have previously granted a reasonable grace period. Withdrawal from the contract by the buyer is not possible for custom-made products. Unforeseen delivery obstacles such as force majeure, operational disruptions, strikes, and transport difficulties release us from our delivery obligation. Claims for damages by the buyer are excluded in this case. Delivery is contingent upon the buyer's unconditional creditworthiness. If doubts arise regarding this after conclusion of the contract, we are entitled to withdraw from the contract. A lack of creditworthiness is deemed to exist if the buyer fails to pay an invoice despite a payment reminder.
4. Transfer of Risk During Shipping Shipping is always at the buyer's expense and risk, including any returns. The risk passes to the buyer no later than when the goods are dispatched. Returns must be sent carriage paid. Insurance against transport damage can be purchased separately for goods valued over €500.00. The buyer must notify the seller in writing of any complaints immediately, but no later than 10 days after receipt of the goods. Damaged shipments must first be reported to the responsible carrier (UPS, freight forwarder). Only after the carrier has determined fault on our part is a claim against us admissible.
5. Prices and VAT Our prices valid on the day of delivery will be used for invoicing. All prices are in euros and include 19% VAT.
6. Payment of the invoice amount. The invoice amount is due immediately without deduction and can be paid via PayPal, prepayment, or bank transfer. In case of late payment, default interest of 5% per month above the current base interest rate is payable, without prejudice to the assertion of further claims for damages.
7. Right of Return: Consumers may cancel their contract within 14 days in writing, by fax or email without giving reasons. The cancellation period begins upon receipt of the goods. There is no right of cancellation for used parts, parts sold on behalf of a customer, or parts specially ordered and manufactured for the customer.
8. Retention of Title We retain title to all goods delivered by us until all our claims arising from the business relationship have been paid in full. This also applies if the purchase price for specific goods delivery designated by the buyer has been paid or if the goods have been resold. Consequently, until all claims to which we are entitled against the buyer have been satisfied, pledging or assigning the delivered goods as security is prohibited. If the goods delivered by us are mixed or combined with other items, the buyer hereby assigns to us their ownership or co-ownership rights in the mixed inventory or the new item. In the event of default in payment or payment difficulties on the part of the buyer, we are entitled to demand the immediate return of the goods.
9. Complaints In the case of justified complaints, the buyer is primarily entitled only to an exchange or repair at our discretion. The customer is only entitled to a price reduction or rescission of the contract if they have set the seller a reasonable deadline for remedying the defect, stating that they will refuse to have the defect remedied after the deadline has expired. Further direct or indirect damages will not be reimbursed. In the case of justified complaints, we are only liable for defects to the extent that we have warranty claims against the relevant supplier or manufacturer. Further claims for damages, of any kind whatsoever, are excluded.
10. Warranty Claims All claims for replacement and warranty expire if goods of any kind supplied by us are altered, misused or repackaged.
11. TÜV Approvals When using our goods in vehicles that are approved for use on public roads, the buyer is responsible for ensuring that all modifications are entered into the vehicle documents in accordance with legal regulations.
12. Non-acceptance of goods by the buyer. If the buyer refuses to accept the goods, fails to make a selection of goods reserved to him or to call for delivery despite a reminder, or if the buyer refuses to fulfill the purchase agreement, the supplier has the right, instead of demanding performance of the contract, to claim damages for non-performance amounting to 20% of the agreed purchase price, unless the buyer proves that no damage was incurred or that the actual damage was significantly lower. The same applies if the buyer requests and accepts the cancellation of an order from the supplier. The supplier reserves the right to claim higher damages. In the event of non-payment by the buyer, the supplier has the option of repossessing the goods at the buyer's expense and only reshipping them after receipt of payment at the buyer's expense. During the storage period, the buyer shall bear the costs of storage in addition to default interest. All storage is at the buyer's risk. Storage does not transform the agreed generic obligation.
13. Place of Jurisdiction For all matters between the contracting parties, Markdorf is the place of performance and jurisdiction. If the buyer is not a merchant within the meaning of Section 1 of the German Commercial Code (HGB), Überlingen shall be the place of jurisdiction for summary proceedings. The parties agree that the courts of appeal shall be located in accordance with Sections 688 et seq. of the German Code of Civil Procedure (ZPO). The legal invalidity of any part of the foregoing conditions shall not affect the validity of the remaining provisions.
14. Payment of Credit Notes: Credit notes from returns can only be applied to goods deliveries. Cash payment of the credit note is not possible.
Your Fusionskin Team