1. General:
The following general terms of business are applicable for all instances of sale and delivery by the company ' 'Endisch' . These terms are considered to have been accepted, at the latest upon receipt of goods or services. We only accept orders in accordance with our sales conditions and are bound to any of the Purchaser's general terms of business or stipulations which deviate from our sales conditions only if we have expressly accepted them in writing. We can be contact by telephone between 8.00 and 16.30 from Monday to Friday.
2. Delivery:
Packing materials will become the property of the Purchaser and calculated in the packing costs (postage and packaging). Shipping charges are subject to the type of shipping, method of payment, weight and destination. They are calculated and confirmed in the shopping basket for online orders or will be quoted when ordering over the telephone and will be stated separately on the invoice. The shipping method will be selected taking into consideration the best possible permissible options and, where feasible, the wishes of the Purchaser. Please always provide the full address including house number (Building Section), no Post Office box numbers please!
2.1 Delivery and shipping costs
We deliver throughout the Federal Republic of Germany from a minimum order value of EUR 12.00 (net) / EUR 14.28* (gross). For orders under EUR 80.00 (net) / EUR 92.20* (gross) we add a fixed service charge for packing materials and shipping of EUR 5.50 (net) / EUR 6.55* (gross).
For orders with cash-on-delivery we also make an additional charge of EUR 4.15*. A further EUR 2.00* is added for postal charges (which is separately charged by the postal service provider). *Price includes statutory VAT.
For orders inside the EU, the net minimum order value is EUR 50.00.
For orders outside of the EU the net minimum order value is EUR 100.00.
Deliveries outside of the Federal Republic of Germany are subject to the type of shipping, method of payment, weight and destination. They are calculated and confirmed in the shopping basket for online orders or will be quoted when ordering over the telephone and will be stated separately on the invoice.
3. Confirmation of your order:
Once you have completed your purchase on the internet from us, you will receive confirmation of your order by e-mail together with the order number. This confirmation generated by the system is not an order confirmation! You will receive an order confirmation after we have allocated you as a purchaser with a customer number and when this is specifically requested by you.
4. Delivery times:
Average delivery times are between 1 and 3 days. It can be the case that one or several items are sold out or that the manufacturer is experiencing a bottleneck in deliveries. Depending on the situation and anticipated delivery time it may be necessary to send items as part deliveries* or to delay deliveries for a short time. Please advise us at the same time as your order whether you urgently require a certain item and therefore need immediate and full delivery. If an item is not available for a longer period of time, then you be automatically notified of this. Set delivery dates are binding only if we have confirmed such dates in writing. *In the event of part deliveries authorised or offered by Endisch, postage will not be charged on subsequent deliveries. If the purchaser expressly wishes that the delivery is split, the additional costs of shipping will be calculated for each part delivery.
5. Prices, Payment, Default:
Deliveries on open account and bank collections are permitted only in the case of local authorities / universities / state bodies and after prior agreement with corporate purchasers.
Otherwise, payment options are cash-on-delivery, cash-in-advance, credit cards or Paypal.
Payment options for deliveries of private orders are cash-on-delivery, cash-in-advance, credit card or Paypal only. For orders using the cash-on-delivery option we make an additional charge of EUR 4.15*, and a further EUR 2.00* is added for shipping (which is separately charged by the postal service provider). *Price includes statutory VAT. Cash in advance / Pre-payment Deliveries are made after payment has been received in our account. We will provide you with details of our bank account and the invoice total in the order confirmation or a pro forma invoice.
Note: Please do not pay immediately upon receipt of the automatic confirmation of the order. You will be sent a separate pro forma invoice and/or order confirmation by e-mail or fax to the address stated in your order. Please also advise us of your Customer and Invoice Nos. with your payment.
For deliveries abroad items will only be delivered after payment by credit card, cash-on-delivery (only EU member states) or advance payments. All bank charges are passed to the Purchaser. If possible, please also quote your VAT identification number on your order (only EU member states). Without a VAT identification number it is not possible to present an invoice without VAT! In the case of default in payment, a penalty charge of 4% above the applicable discount rate of the German Federal Bank will be applied. In the case of business customers, the same penalty interest will be charged from the date of receipt of the goods and/or any agreed payment date in the event of a mutual commercial transaction. We reserve the right to prohibit the defaulting Purchaser from further deliveries, even if an applicable delivery contract has been concluded. Our claims will become due immediately - also in the case of deferment - as soon as the Purchaser has defaulted in the fulfilment of one or several liabilities, bank drafts or cheques are refused, the Purchaser cancels payment, is over-indebted, applies for or commences composition or bankruptcy proceedings, and/or the commencement of proceedings is refused due to lack of funds. We are entitled to demand the return of reserved goods in the aforementioned cases and to withdraw from the contract. If there are justified concerns about the creditworthiness of the Purchaser or his economic situation after conclusion of contract, then we reserve the right to demand from the Purchaser the advance payment or provision of security within a week. We also reserve the right, at our discretion, to interrupt the implementation of the contract and demand immediate payment. If this is refused, we are entitled to withdraw from the contract. In such instances, the purchaser is not entitled to compensation for damages. A payment by cheque or bank transfer is only completed when the amount requested has been credited in our bank account. We reserve the unrestricted right to assign our claims to third parties.
6. Non-acceptance, Return Debit Notes in the case of Bank Collection Procedures:
In the event of an unauthorised non-acceptance of goods delivered by us, we will pass on all costs incurred by us in this regard (with a minimum charge of 7.50 Euro (net)). This also applies in the case of return debit notes when taking part in bank collection procedures. This does not affect our right to the performance of the purchase contract.
7. Reservation of Title:
The goods delivered remain in our ownership until full payment of all deliveries of goods and our other claims, and the encashment of cheques and bank drafts.
8. Offers, Subsidiary Agreements:
Our offers always remain subject to change and are not binding. Drawings, illustrations, measurement and weight specifications etc. forming part of offers must be regarded as approximate only unless expressly stated otherwise. We reserve ownership and copyright in the offer and all associated documentation. The passing on to or publication, reproduction or realisation by third parties is not permitted. As long as the essential characteristics are maintained, we reserve the right to undertake amendments to the respective described or illustrated items at any time and without particular notice. We further reserve the right to make appropriate amendments in the event of errors in calculations or misprints in the offer. Subsidiary agreements to our offers and order confirmations require our written consent for their validity.
9. Revocation Right and Return Obligation:
This whole clause applies only to consumers i.e. any natural person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or their self-employed professional activities:
1. The Purchaser is no longer bound to his declaration for the conclusion of a purchase contract if he exercises his revocation right within a period of 2 weeks upon receipt of the first delivery. The revocation must be made in writing and sent by another permanent data carrier or by returning the goods. Justification of the revocation is not required. The deadline is met by sending the revocation notice within good time to:
Fa. ENDISCH
Eibenstrasse 22
61118 Bad Vilbel
Germany
2. Endisch is obliged to reimburse any payments upon receipt of the revocation. In turn, the Purchaser is obliged to return the goods to Endisch at his own cost and risk. The Purchaser will pay all normal costs for returning the order up to a maximum goods value of 40 Euro.
3. Audio or video recordings or software may only be returned in sealed condition; hardware, packaged together with the sealed software can only be returned with sealed software. If the Purchaser is responsible for any deterioration, loss or other such impossibility, then he must recompense Endisch for the reduction in value or the value of the goods. In the case of revocation, the Purchaser must provide recompense in line with § 357 BGB for any deterioration resulting from making proper use of the goods in accordance with their purpose if, at the conclusion of the contract he was advised of procedures to avoid such deterioration.
10. Return of Goods:
Returns will be accepted only if this has been agreed in advance by telephone and the recipient does not incur charges. We will not accept goods returned where no shipping costs have been paid. The Purchaser is responsible for the proper and appropriate packing. The Purchaser is obliged to pay compensation for damages due to insufficient packing. In the event of a return of goods, Endisch is not liable for damage or loss of the goods. Purpose-built items cannot be exchanged or returned.
11. Guarantee for Printing Materials:
The guarantee conditions of the respective manufacturers apply in respect of printing materials sold by us, particularly for self-adhesive films, labels and transfer products. We accept no liability for any damage incurred due to the use of printing materials manufactured and sold by us. We will not accept any responsibility for the suitability of the ordered printing materials for the use anticipated by the Purchaser or for whether they can be used or processed under the conditions of the Purchaser or his end-user. Instead, it is the responsibility of the Purchaser to test this before use or processing.
12. Software:
The particular legal licensing and other such conditions of the manufacturer are applicable in the case of the delivery of software in addition to these present conditions of business. Acceptance of their applicability will be expressly acknowledged upon the receipt of the aforementioned goods.
13. Place of Performance::
For both contractual parties, place of performance for delivery and payment and all other rights and obligations is Frankfurt am Main.
Place of jurisdiction, even for claims based on bank drafts, is Frankfurt am Main.
Our general terms of delivery and payment apply.
14. Applicable Law, Data Protection, Validity:
1. The laws of the Federal Republic of Germany apply, and the applicability of the Uniform Law for the International Sale of Goods (UNCITRAL-treaty) is excluded.
2. Endisch is entitled to save and further process the electronic data provided to it by the Purchaser. A deletion of the data must be in writing. In that case, Endisch is entitled to pass purchaser data, provided by the contractual documentation or as required for the implementation of the contract to third parties, particularly to credit institutes and contractual partners, insofar as this serves the processing of the order. The applicable stipulations of data protection will be observed by Endisch. For further information please refer to our data protection information.
3. If one or several conditions are ineffective, then this does not affect the effectiveness of the remaining conditions. Subject to errors and amendments.
15. Miscellaneous:
All brand names and pictures used are owned by the manufacturer and will be used only to identify and illustrate the products.
16. Links:
In a judgement dated 12 May 1998 - 312 O 85/98 "Haftung für Links" [liability for links] the District Court in Hamburg concluded that, by providing a link, a person becomes jointly responsible for the contents of linked pages. This can only be prevented by expressly distancing oneself from these contents. We therefore advise you that we provide external links in our pages for information purposes only and you use them at your own risk. We expressly distance ourselves from all contents of all links on our pages and in our forums. If we should, in any way, direct you to pages with prohibited or offensive content, we would kindly ask you to make us aware of this in order that we may remove the links.
As at: 14th Dezember 2007
Endisch Labels · Eibenstrasse 22 · D-61118 Bad Vilbel · Germany
Phone: +49 (0) 6101-5229-0 · Fax: +49 (0) 6101-5229-19 · Email
labels@endiweb.com