Terms of Delivery and Payment
The following Terms of Delivery and Payment are applicable only in dealings with traders, legal entities under public law or special fund under public law. They apply to all contracts, shipments and other services. We herewith contradict to all buying conditions or other terms of business of the Buyer. Upon issuing an order our following Terms of Delivery and Payment will be considered as accepted by the Buyer. Additional agreements must be made in writing.
§ 1 Prices
(1) All prices specified in this catalogue are calculated without the statutory value-added tax. This price list voids all previous price lists. All offers are subject to change and non-binding concerning prices, quantities, delivery-times and availability.
(2) The packaging costs are included in the specified prices unless the Buyer requests special packaging.
§ 2 Order
Orders will be processed against prepayment or by cash on delivery. For further orders we will establish an individual credit-limit for our customers – good creditworthiness provided.
§ 3 Samples
We will send single samples against payment, no problem.
§ 4 Terms of payment and discounts
(1) Invoices shall be payable within 30 days net. Regardless of the actual way of payment we grant a discount of 2 % for payments that arrive within 10 days after the date of shipping. You may choose from: bank transfer, SEPA direct debit scheme, cash on delivery, Paypal and payment in cash.
(2) In case of default in payment, all claims from the business relationship shall become payable with immediate effect. After repeated payment delays or one-time delay in the 3rd dunning stage, delivery is only possible after prepayment. This shall not apply if the default in payment is not attributable to the Buyer. The Seller has the right to invoice interest for default according to the statutory regulations.
(3) Even in case of complaints, the Buyer shall be obliged to pay the purchase price pursuant to Section 1, subject to subsequent settlement of the difference. There is no right of retention in that regard.
(4) All foreign payments have to be made free of expense for us. We reserve the right to handle order processing based on cash on delivery or cash before delivery.
(5) The Buyer may only offset such claims which are uncontended or legally binding.
(6) We will grant additional volume-discounts depending on the order-value:
2 % for orders above 250,00 €
3 % for orders above 500,00 €
4 % for orders above 1.000,00 €
5 % for orders above 2.500,00 €
§ 5 Delivery
(1) The Seller shall be entitled to make partial deliveries if
a) the partial delivery is utilizable for the Buyer in the scope of the contractual, intended purpose,
b) the Buyer incurs no considerable extras effort or additional costs as a result of that unless the Seller agrees to bear these expenses.
(2) Delivery dates held out in prospect by the Seller shall always be non-binding unless the Seller expressly warranted a specific date in writing. The Sellers obligation to deliver shall apply subject to our receiving of deliveries in a timely fashion and correctly. The Seller has the right to rescind the agreement if late delivery, non-delivery or faulty delivery through his supplier is due to no fault of his own. In case of a delivery hindrance caused by the Buyer, he/she shall pay all costs incurred and still to be incurred.
(3) The Buyer shall only have the right to rescind the agreement for non-compliance with the term of delivery if he/she has set a reasonable period of grace of at least two weeks for the Seller in writing unless a fixed delivery date was expressly agreed.
(4) Dispatch shall always be done for account of the Buyer and at his/her risk unless otherwise agreed. As a matter of principle, transfer of risk to the Buyer shall occur upon handling over of the goods to the freight forwarder.
(5) Orders above 500,00 € will be shipped free of charge within Germany and Austria, given that we can choose the forwarder ourselves. Excluded from this regulation are timely fixed shipments („express“) and goods that will exceed the usual transport costs due to their physical nature e.g. length, weight, volume, dangerous goods.
(6) The transport insurance provided by the Seller covers exclusively claims due to loss or damage during transportation for which the Buyer cannot be held responsible.
(7) If print images, letterings, logos and the like are made available to the Seller by the Buyer in connection with an order placed for the purpose of processing, the Buyer alone shall be responsible for ensuring that the use of such marks and/or the modality of their use in the scope of the order do not violate any third-party rights. The Buyer shall obtain necessary permits and/or licences from third parties and show proof of that vis-a-vis the Seller upon request. In these cases, the Buyer shall be obliged to indemnify the Seller for all third-party claims and/or to keep him/her indemnified upon first demand.
§ 6 Delivered quantities
For technical reasons we reserve the right to make an extended or short delivery of up to 10 % for orders that include promotional printing, labelling etc.
§ 7 Direct delivery / dropshipping
If you like we can send parcels direct to your private customers with your documents. For this service we charge 7 € service fee, not including the transport fee.
§ 8 Backorders
Backorders will automatically be included in the next upcoming delivery (originally granted discounts will be kept up) unless the Buyer has expressly contradicted to a subsequent delivery or has made general agreements with the Seller concerning this matter. From a certain variable threshold value on backorders will be sent free of charge in a separate shipment. Backorders that cannot be supplied for a period of more than 12 months will be cancelled without further notice unless the Buyer expressly wants to keep up the order at updated price and delivery conditions.
§ 9 Liability for defects
(1) The information about weight, dimensions, colour, etc. provides only guide values unless they were expressly warranted.
(2) The term of liability for defects shall be one year from delivery, two years for consumers.
(3) The supplied items have to be examined carefully immediately upon delivery to the Buyer or the third party appointed by him/her. They shall be deemed accepted unless the Seller has received a notice of defects in the written form regarding apparent defects or other defects which were discernible after immediate, careful examination within eight working days after delivery of the supplied item or otherwise within eight working days after discovery of the defect.
(4) At the Seller‘s request and only upon previous agreement, the faulty delivery item shall be returned to the Seller carriage-free. In case of a justified notice of defects, the Seller shall reimburse the expenses of the most favorable shipping procedure.
(5) In case of material defects of the supplied items, the Seller shall first have the obligation and the right to perform rework or substitute delivery according to his choice, which has to be made within an adequate period of time. In the event that this fails, the Buyer may reduce the purchase price within reason or rescind the agreement.
(6) Claims for consequential harm caused by a defect are exluded.
§ 10 Liability
(1) Compensation claims due to delay, impossibility of service, violation of contractual and legal subsidiary obligations or protection-of-interest obligations, culpa in contrahendo, or non-contractual liability shall be ruled out unless the damage has been caused by gross negligence on the part of the Seller.
Our liability is limited to the value of the goods (contract price) irrespective of any legal grounds. All claims lapse after a year from the date the goods had been sent by the Seller.
(2) In the event of a slightly negligent breach of a major obligation the liability of the Seller shall be limited to damage that is foreseeable and typical of the contract.
§ 11 Retention of title
(1) The Seller reserves the property in the supplied goods until complete payment of all claims from the business relationship even if payments are made for certain designated goods.
(2) The Buyer shall have the right to resell goods subject to reservation of proprietary rights (goods subject to retention of title) in the scope of proper business operations. Pledging and assignment as security shall not be admissible. In case of a resale of the goods subject to retention of title, the Buyer assigns the resulting claim with ancillary rights against the acquirer to the Seller as security even now. The same shall apply to other claims that substitute the goods subject to retention of title or that come into being otherwise regarding the goods subject to retention of title, like for example insurance claims or claims based on unlawful acts in case of loss or destruction.
(3) The machining and processing of the goods subject to retention of title shall be done for the Seller as manufacturer in the sense of § 950, BGB (German Civil Code), without any duties arising from that for the Seller. If the goods subject to retention of title are processed, combined or mixed with other objects that do not belong to the Seller, the Seller shall acquire joint property of the new item in the ratio of the invoice value of the goods subject to retention of title and the invoice value of the other goods. If the Seller‘s property ceases to exist as a result of combining, mixing or processing, the Buyer assigns the property and/or expectant rights for the new item he is entitled to according to the ratio of the invoice value of the goods subject to retention of title to the Seller even now, and shall store it for the Seller free of charge. The property rights resulting from that shall be deemed goods subject to retention of title in the sense of this paragraph.
§ 12 Data Processing
Bartl GmbH gathers and stores address data of customers for electronical order processing and accounting. Furthermore we use these data for our own promotional purposes to provide our customers with offers and information. If you do not want to receive these offers anymore you can object to the use of your data for promotional purposes.
Please let us know in written form indicating your address. Your data will be marked accordingly with a lock flag. This will not affect our approach to you concerning current or previous business affairs.
§ 13 Restriction on distribution
Due to licensing and contractual reasons there are restrictions for distribution channels of certain products. This can be changed without notice. The placement of products under the brand name „Bartl“ in public product catalogs, such as Amazon is permitted only after prior consultation and approval. Abuse of our brand name and change of the information we provide will be followed by a chargeable written warning. This also applies to the unauthorized registration of our products under other, misleading brand names. By ordering these conditions are considered as accepted and the purchaser submits to the consequences of the infringement.
$ 14 Copyright
(1) Any text and images published by Bartl GmbH are subject to copyright protection. Although we permit our customers to use these for sales purposes we reserve the right to withdraw this permission giving a 14 days’ notice without any further explanation of reasons.
(2) The use of any text or images published by Bartl GmbH happens at one’s own risk. It is mandatory for the user to conduct a thorough examination according to businesslike duties prior his/her own publishing. We cannot be held liable by the user for any errors, lack of information or unknowing infringement of third parties’ rights.
(3) Giving the permission to use our image and text data does not obligate us to inform the user on any modifications or alterations of these. Users themselves are responsible concerning the up-to-dateness of the used data or respectively have the up-to-dateness confirmed by us.
§ 15 Applicable law, place of jurisdiction
(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for any and all disputes arising from the business relationship between the Seller and the Buyer shall be 84503 Altötting insofar as this is permitted by law. The Seller has the right to file a suit at the Buyer‘s place of jurisdiction.
(3) Should one of the provisions of the agreement or the general terms of payment and delivery be void, the validity of the remaining provisions shall remain unaffected thereof. Instead of the void provision and in case of any loopholes in the agreement or in these general terms of payment of delivery, the legally effective provision shall be agreed on which the contracting parties would have determined on the basis of the financial goals of this agreement and the purpose of these terms of payment and delivery if they had been aware of the loophole in the agreement.
We point out that retailers are obliged to hand over CE notes that are loosely supplied with some items to the final consumer together with the goods!