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 reference is made to them in individual cases. Any deviating terms and conditions of the buyer shall not be legally effective even if we do not expressly object. Any ancillary agreements or amendments to the contract, sales, delivery, or payment terms made verbally or by telephone are only valid if confirmed in writing by the supplier.
2. Offers Our offers are always subject to change. We assume no liability for the actual availability of the goods we offer for sale and for the prices stated. We reserve the right to make deviations from the illustrations and descriptions, to make weight specifications, and to make errors.
3. Deliveries and Delivery Deadlines Delivery generally takes place on the agreed delivery date. Partial deliveries are permitted. If the delivery date is exceeded, the buyer is entitled to withdraw from the contract after granting a reasonable grace period. Withdrawal from the contract by the buyer is not possible for custom-made products. Unforeseen delivery impediments 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. A prerequisite for delivery is the buyer's unconditional creditworthiness. If doubts arise about this after the contract has been concluded, we are entitled to withdraw from the contract. Lack of creditworthiness is deemed to exist if the buyer fails to pay a due invoice despite a reminder.
4. Risk of the package during shipping Shipping is always at the buyer's expense and risk, including any returns. The risk is transferred to the buyer at the latest upon dispatch of the goods. Returns must generally be shipped carriage paid. Insurance against transport damage can be purchased additionally for goods valued at over €500.00. The buyer must submit any complaints to the seller in writing immediately, but no later than 10 days after receipt of the goods. Claims for shipments that arrive damaged must first be made to the responsible carrier (UPS, freight forwarder). Only if the carrier determines that we are at fault will a claim be admissible.
5. Prices and VAT: Our prices valid on the date of delivery will be charged. 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 the event of late payment, default interest of 5% per month above the current base interest rate will be charged, subject to the assertion of further claims for damages.
7. Right of Return End users may cancel their contract within two weeks in writing, by fax, or email without giving any reason. This period begins after receipt of the goods. The right of withdrawal does not apply to used parts or parts sold on customer order or specifically 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 settled. This also applies if the purchase price for specific deliveries of goods designated by the buyer has been paid or the goods have been resold. Consequently, pledging or transferring the delivered goods as security is not permitted until all claims against the buyer have been met. If the goods delivered by us are mixed or combined with other items, the buyer hereby assigns to us his ownership or co-ownership rights to the mixed goods or the new item. We are entitled to demand immediate return of the goods in the event of default or payment difficulties on the part of the buyer.
9. Complaints In the case of justified complaints, the buyer is primarily entitled to an exchange or repair at our discretion. The customer is only entitled to a refund or reduction in price if he has granted the seller a reasonable period of time to remedy the complaint, stating that he will refuse to remedy the defect after the expiration of the period. Further direct or indirect damages will not be reimbursed. In the case of justified complaints, we are liable for defects only to the extent and to the extent that we have warranty claims against the relevant supplier or manufacturer. Further claims for compensation, regardless of their nature, are excluded.
10. Warranty claims All claims for replacement and warranty expire if goods delivered by us are modified, misused or refilled in any way.
11. TÜV approvals When using our goods in vehicles that are registered for use on public roads, the buyer must ensure that all changes are entered into the vehicle documents in accordance with legal requirements.
12. Non-acceptance of items by the buyer If the buyer refuses to accept the goods, does not make a reserved selection of goods or call for delivery despite a reminder, or if the buyer refuses to fulfill the purchase contract, the supplier has the right to demand damages for non-fulfillment in the amount of 20% of the agreed purchase price instead of fulfilling the contract, unless the buyer proves that no damage has occurred at all or that the damage is significantly lower. The same applies if the buyer requests cancellation of an order from the supplier and the supplier accepts this. The supplier reserves the right to assert higher damages. In the event of non-payment by the buyer, the supplier has the option of returning the goods to its warehouse at the buyer's expense and only dispatching them again after receipt of payment at the buyer's expense. For the period of storage, the buyer shall bear the costs of storage rent in addition to default interest. All storage is at the buyer's risk. Storage does not result in the conversion of the agreed generic debt.
13. Place of Jurisdiction: For all contracts between the contracting parties, Markdorf shall be 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 any judicial dunning proceedings. Pursuant to Sections 688 et seq. of the German Code of Civil Procedure (ZPO), this shall be deemed agreed. The legal invalidity of any part of the above terms and conditions shall have no effect on the validity of the remaining provisions.
14. Payment of credit notes Credits from returns can only be offset against deliveries of goods. A payout of the credit note is not possible.
Your Fusionskin Team