Legal
Scope
R.L. DESIGN & TRADING S.L sales conditions apply exclusively; We do not recognize customer conditions that conflict with or deviate from our conditions of sale, unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
All agreements that are made between us and the customer for the purpose of executing this contract are set out in writing in this contract.
Our conditions of sale also apply to all future business with the customer.
Prices, terms of payment
Our current sales prices apply. Our prices are subject to change, errors and misprints reserved. We reserve the right to change our prices appropriately if, after the conclusion of the contract, cost reductions or cost increases occur, in particular due to collective bargaining agreements or material price changes. We will prove these to the costumer upon request. Unless there are individual agreements, our prices apply ex warehouse. Unless otherwise agreed, transport costs are to be borne by the customer.
Statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
Deduction of discount requires special written agreement.
Delivery, delivery time
Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If these conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
We are liable in accordance with the statutory provisions if a possible delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible, limited to the foreseeable, typically occurring damage.
Liability for defects
If there is a defect in the purchased item, we are entitled, at our discretion, to supplementary performance in the form of rectifying the defect or to deliver a new, defect-free item. In the event that the defect is rectified, we shall only bear the expenses up to the amount of the purchase price.
If the supplementary performance fails, the customer is entitled, at his option, to withdraw from the contract or to demand a reduction in price.
We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Liability is limited to the foreseeable, typically occurring damage.
The limitation period for claims for defects is 12 months from the transfer of risk.
This limitation also applies if the customer requests reimbursement of useless expenses instead of a claim for damages instead of performance.
As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, representatives and vicarious agents.
Retention of title
We reserve title to the purchased item until all payments from the business relationship with the customer have been received. If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. If we take back the purchased item, we withdraw from the contract. After taking back the purchased item, we are entitled to dispose of it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable disposal costs.
The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at their replacement value at their own expense against fire, water and theft damage.
The customer is entitled to resell the purchased item in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim, which he accrues from the resale to his customers or third parties. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtor of the assignment.
Protection of minors
The customer acknowledges that articles from our sales range are subject to legal and / or official sales restrictions in the UE, in particular that children and young people may not be given access to them or given them. The customer is solely responsible for observing and complying with the respective youth protection regulations, legal regulations and sales restrictions.
The customer undertakes to keep out of hand all third-party claims that are asserted against us due to the violation of the youth protection notice or other legal or official regulations and restrictions and to assume the reasonable costs of legal defense.
Place of jurisdiction, place of performance
If the customer is a merchant, our place of business is the place of jurisdiction; however, we are entitled to sue the customer at his place of residence.
Our place of business is the place of performance.