Terms & Conditions
General Terms of Business (International)
§ 1 General
(1) Our General Terms and Conditions apply exclusively; we do not recognise any terms and conditions of suppliers or customers that conflict with or deviate from our General Terms and Conditions unless we expressly agree to their validity in writing. Our General Terms and Conditions shall also apply if we accept delivery from suppliers without reservation in the knowledge of conflicting or deviating terms and conditions.
(2) All agreements made between us and the suppliers or customers for the purpose of executing this contract must be set out in writing in this contract.
(3) Our General Terms and Conditions shall also apply to all future transactions with the supplier.
(4) These General Terms and Conditions shall only apply to entrepreneurs within the meaning of § 310 para. 1 BGB (German Civil Code).
§ 2 Prices - Terms of payment
(1) The price stated in the order is binding. Unless otherwise agreed in writing, postage, packaging and insurance shall be charged at cost price. The return of packaging requires special agreements.
(2) All our prices are subject to the applicable statutory value added tax.
(3) If our offer does not expressly include prices including the raw gold difference or silver difference, the weight of the processed fine gold or fine silver shall be charged additionally at the respective daily rate. For products with real gold or silver content, e.g. rolled gold, powdered gold, shell gold, painter's gold lacquer, praline gold, the quantities invoiced shall correspond to the average amount of material required for processing.
(4) All deliveries shall be ex works Schwabach.
(5) If small quantities are purchased and for orders below EURO 50.00 net (excluding VAT), we are entitled to charge a minimum quantity surcharge of EURO 10.00 due to the considerable processing and packaging costs.
(6) We can only process invoices if they state the order number shown in our order in accordance with the specifications; the supplier is responsible for all consequences arising from non-compliance with this obligation.
(7) Terms of payment: generally by cash in advance or cash on delivery. Other terms of payment only by agreement.
(8) We are entitled to set-off and retention rights to the extent permitted by law.
(9) The colours shown are only approximations of the original colours. Only our colour charts are binding.
(10) Correction note, you can correct your entries at any time before submitting the order in the online shop using the delete button. We will inform you of further correction options as you progress through the order process. You can also end the order process completely at any time by closing the browser window.
§ 3 Delivery time
(1) The delivery times stated in the order confirmation are non-binding. Bindingly agreed delivery periods must be in writing.
(2) We shall not be responsible for delays in delivery and performance due to force majeure or other events beyond the control of our company, even in the case of bindingly agreed deadlines and dates. They shall entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the unfulfilled part.
(3) The Seller shall be entitled to make partial deliveries and render partial services at any time.
§ 4 Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of despatch.
§ 5 Warranty
(1) Unless otherwise agreed, the warranty period is 2 years.
(2) The warranty period shall commence on the date of delivery. If our processing or storage instructions are not followed, changes are made to the products or consumables are used which do not correspond to the original specifications, any warranty shall lapse if the customer does not refute a corresponding substantiated assertion that one of these circumstances caused the defect.
(3) The customer is obliged to notify us in writing of any obvious defects immediately, but at the latest within three working days of receipt of the delivery item. Defects that cannot be discovered within this period, even after careful inspection, must be reported to the seller in writing immediately after discovery.
(4) In the event of a defect, the customer shall initially be entitled to the statutory claims for subsequent fulfilment (rectification of defects or subsequent delivery) at his discretion. If the legal requirements are met, the customer also has the right to reduce the purchase price or to withdraw from the contract and is entitled to compensation for damages and reimbursement of futile expenses. Subsequent fulfilment may be refused if it is only possible at disproportionately high cost.
§ 6 Retention of title
(1) The goods shall remain our property until full payment has been made.
(2) Processing or remodelling shall always be carried out for us as the manufacturer within the meaning of § 950 BGB.
(3) The customer is authorised to process and sell the goods subject to retention of title in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The customer hereby assigns to us in full by way of security any claims arising from the resale or any other legal grounds (insurance, unauthorised action) in respect of the reserved goods. The customer is revocably authorised to collect the claim assigned to us for our account in his own name. This collection authorisation can only be revoked if the customer does not properly meet his payment obligations.
(4) In the event of access by third parties to the reserved goods, the customer shall draw attention to our ownership and inform us immediately.
(5) If the customer acts in breach of contract - in particular in the event of default in payment - we shall be entitled to withdraw from the contract and to take action against the customer on the basis of the reserved property or, if necessary, to demand assignment of the customer's claims for restitution against third parties. The repossession or seizure of the reserved goods by us shall not constitute a cancellation of the contract.
§ 7 Colour/product changes
We expressly reserve the right to make colour changes, production changes and technical modifications for the purpose of improvement. Goods manufactured to special order cannot be returned.
§ 8 Sheet metals
(1) Differences in colour, colour changes, structures and veins are not grounds for complaint in the case of sheet metals.
(2) For areas over 0.5 m², it is mandatory to specify this when ordering and to order separately. (Specially selected batch quality)
§ 9 Limitation of liability
Liability is limited to the damage foreseeable at the time of conclusion of the contract.
§ 10 Applicable law, place of jurisdiction, partial invalidity
(1) The law of the Federal Republic of Germany shall apply to these terms and conditions and all legal relationships between us and our suppliers and customers. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Contract language, contract text storage: The contract language is German, we store the contract text and send you the order data and our GTC in text form (additionally in English, with the exception of translation errors).
(2) If our suppliers or customers are merchants within the meaning of the German Commercial Code (HGB) or legal entities under public law or special funds under public law, the place of fulfilment and exclusive place of jurisdiction for all disputes arising from the contract shall be our registered office.
(3) Should individual provisions of this contract be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract.
§ 11 Export clause
The deliveries and services (fulfilment of the contract) are subject to the proviso that there are no obstacles to fulfilment due to national or international regulations, in particular export control regulations, embargoes or other restrictions. The contracting parties undertake to provide all information and documents required for the export/transfer/import. Delays due to export inspections or authorisation procedures shall suspend deadlines and delivery times. If the necessary authorisations are not granted, the contract shall be deemed not to have been concluded with regard to the parts concerned; claims for damages shall be excluded in this respect and due to the aforementioned failure to meet deadlines.
§ 11a Export control/Sanctions
The importer/purchaser may not sell, export, or re-export goods covered by Article 12g of Regulation (EU) No. 833/2014, either directly or indirectly, to the Russian Federation, nor may they be used there. The purchaser undertakes to cooperate in fulfilling export control verification obligations.
§ 12 Price changes and errors excepted.
§ 13 Consumer information: Non-participation in a dispute resolution procedure We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.