General Terms and Conditions of Tapes & more GmbH for Business Customers
Status: July 2018
1.1 All deliveries and services provided by Tapes & more shall be made on the basis of the General Terms and Conditions (GTC) set out herein, even if no further reference is made to them in subsequent transactions.
1.2 Any provisions deviating from these General Terms and Conditions shall only become effective upon written confirmation by Tapes & more. These Terms and Conditions of Sale shall only apply to companies within the meaning of § 14 BGB (German Civil Code).
2. Offer and Conclusion of Contract
2.1 Offers made by Tapes & more are subject to change. Samples and specimens are not binding.
2.2 A contract shall only be concluded if the Purchaser does not object to an order confirmation made by Tapes & more in writing within two working days after receipt.
2.3 The Purchaser shall be responsible for checking the order confirmation for correctness. Any discrepancies must be reported immediately, at the latest within two working days after receipt of the order confirmation.
2.4 Transfers of rights and obligations under the purchase contract require the written consent of Tapes & more.
2.5 All information (product information, images, prices, etc.) is given to the best of our knowledge and belief. Errors, picture, printing and price errors on all Internet pages, advertisements, flyers, price lists etc. are reserved. Tapes & more is entitled to withdraw from the contract in the event of typing, printing and calculation errors as well as erroneous information.
2.6 In the event of a significant deterioration in the financial situation of the Purchaser which gives rise to doubts as to the Purchaser’s ability to pay, Tapes & more shall be entitled to withdraw from the contract or to withhold the deliveries and services and to set the Purchaser a reasonable deadline for the provision of advance payments or the provision of securities. After expiry of this period, Tapes & more shall be unilaterally entitled to withdraw from the contract.
2.7 All verbal and written information about the suitability and application possibilities of the products are given to the best of Tapes & more’s knowledge. They represent empirical values of Tapes & more, which are regularly not considered as guaranteed, they do not justify any claim against Tapes & more. In particular, the Purchaser shall not be released from the obligation to convince himself by his own examination of the suitability of the goods for the intended use.
2.8 Written Form
E-mails satisfy the written form requirement of this clause 2.
3. Prices, Shipping Costs, Order
3.1 The prices at the time of the order shall apply to the delivery. Unless otherwise stated, all product prices quoted are in euros plus the currently applicable statutory value added tax and plus shipping costs. The shipping costs always include the standard packaging and the insured shipping of the order at the value of the goods. Justified price changes, e.g. due to currency fluctuations or price changes on the part of the respective manufacturer, are reserved by Tapes & more. In the event of price changes, the Buyer shall in any case receive an order confirmation with the currently valid price. Tapes & more shall not be liable for errors.
3.2 The agreed prices are ex Tapes & more location without any other ancillary services. Tapes & more reserves the right to choose the shipping method. Delivery free of freight and shipping costs requires prior written agreement.
4.1 Tapes & more shall endeavour to deliver the order promptly. Details of the delivery date are always non-binding and, if stated in the order confirmation, are only accurate to the week. Delivery shall be deemed to have been made on time if the goods have left Tapes & more before the expiry of the deadline.
4.2 The delivery period shall be extended, if necessary, by the time until the Buyer has handed over the information and documents necessary for the execution of the order.
4.3 If all articles are available from stock, the delivery will usually leave Tapes & more within 2 working days. In the event of delays in delivery, the Buyer shall be informed immediately by e-mail, telephone or fax.
4.4 Circumstances or events for which Tapes & more is not responsible and which delay or make delivery impossible or unreasonably difficult, e.g. war, acts of God, natural forces, accidents, traffic and operational disruptions, shortage of raw materials or energy, strike or lockout, shall release Tapes & more from its delivery obligation for the duration of the hindrance and a reasonable start-up period, even if they occur in the manufacturer’s works or at its suppliers. If the impediment is not expected to be terminated within a reasonable period of time, Tapes & more shall be entitled to withdraw from the contract in whole or in part without any obligation to make a subsequent delivery. Claims for damages of the Buyer are excluded.
4.5 If the goods or services are no longer available, Tapes & more reserves the right not to provide them and to declare withdrawal from the contract. Invoices that have already been issued in advance in this context shall of course lose their validity. Any payments made in advance in connection with this transaction shall of course be reimbursed.
4.6 Delays may occur due to procurement conditions of the manufacturer or scheduling difficulties of the suppliers. Therefore, it cannot be guaranteed that all products are permanently available.
4.7 If the delivery is delayed, Tapes & more shall only be liable for damages if the delay has occurred due to intent or gross negligence on the part of Tapes & more.
4.8 After Tapes & more is in default, the Purchaser shall only be entitled to withdraw from the contract if the Purchaser sets a reasonable grace period in writing after the beginning of the default and at the same time announces its withdrawal in the event of non-delivery within the grace period.
4.9 After the Purchaser is in default of acceptance or has violated its obligations to cooperate, Tapes & more shall be entitled, without prejudice to any further claims, to demand compensation for the damage incurred, including any additional expenses. From the time of default in acceptance, the risk of accidental loss or deterioration of the purchased goods shall pass to the Purchaser.
4.10. Tapes & more shall be entitled to make partial deliveries in commercial transactions.
4.11. If the Buyer is not interested in partial deliveries, he is prohibited from further opening the goods until the remaining deliveries have arrived. If the goods have been opened further, the buyer must bear the loss in value resulting from the opening in the event of withdrawal after the expiry of the withdrawal period.
5.1 Unless otherwise agreed, invoices shall be payable without deduction within 30 days of the invoice date. The timeliness of payment shall be determined by the receipt of the amount for unconditional disposal by Tapes & more.
5.2 In the event that the payment deadline is exceeded or payment is not made in full on time, the Purchaser shall be in default at the latest 30 days after the due date and receipt of the invoice, even without a reminder. Tapes & more shall be entitled, without prejudice to other claims, to demand interest in the amount of 9% above the respective base rate pursuant to § 247 BGB (German Civil Code) as of the occurrence of default.
5.3 If the Purchaser is in default of payment or if reasonable doubts arise as to the Purchaser’s ability to pay, Tapes & more shall be entitled to declare all claims against the Purchaser immediately due and payable and/or to demand securities even prior to delivery, to withhold outstanding deliveries on these and other contracts in whole or in part or to withdraw from the existing contracts.
5.4 The buyer may only offset undisputed or legally established claims or only exercise a right of retention due to such claims that are based on the same contractual relationship.
6. Retention of Title
6.1 Tapes & more reserves the right of ownership to all delivered goods until full payment of the purchase price.
6.2 As long as the title has not passed to the Purchaser, the Purchaser is prohibited from pledging, transferring by way of security or transferring the goods subject to retention of title by way of exchange. Only resale in the ordinary course of business is permitted. If the Purchaser sells the goods, he hereby assigns to Tapes & more the full amount of his purchase price claim against the purchaser until payment has been made. Tapes & more shall be entitled to demand all information and documents necessary for collection.
7. Warranty and Liability
7.1 Claims for defects on the part of the buyer presuppose that the buyer has properly complied with the obligations to inspect and give notice of defects owed under § 377 of the German Commercial Code (HGB). No warranty shall be assumed for damage resulting from unsuitable or improper use, faulty commissioning by the buyer or third parties, faulty or negligent handling, incorrect storage and incorrect transport as well as improper modifications by the buyer or third parties. Liability for normal wear and tear is excluded.
7.2 In the event of defects in the delivery item, Tapes & more shall be entitled, at the option of the Purchaser, to first rectify the defects itself or to provide a replacement. In the event of failure of the rectification or replacement, the Buyer shall be entitled to demand a reduction in the purchase price or rescission of the contract.
7.3 The limitation period for claims for defects is 12 months from delivery of the item. When giving notice of a defect, the buyer is obliged to describe in what way and under what circumstances the defect occurred.
7.4 The assignment of warranty claims to third parties is excluded.
7.5 Unless otherwise stated below, any further claims of the Purchaser – irrespective of the legal grounds – shall be excluded. Therefore, Tapes & more shall not be liable for damages which have not occurred to the delivery item itself; in particular, Tapes & more shall not be liable for loss of profit or for other financial losses of the Purchaser. Insofar as the liability of Tapes & more is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
7.6 Insofar as Tapes & more negligently breaches a material contractual obligation, the obligation to pay compensation for property damage or personal injury shall be limited to the typically occurring damage.
8. Export Regulation
Some products supplied by Tapes & more are subject to export restrictions. The Buyer as well as Tapes & more are obliged to observe the provisions of German foreign trade law in the event of export of the goods delivered by Tapes & more. This applies equally to deliveries to countries, recipients and purposes of which the Buyer or Tapes & more know or must know that they are subject to foreign trade control.
9. Data Protection
9.1 For the business processes, personal data of the buyer will be recorded and stored both digitally and analogue. It goes without saying that the statutory provisions shall be taken into account.
9.2 The personal, address and bank data entrusted to Tapes & more shall be stored exclusively for internal purposes for secure business processing.
10. Place of Performance, Place of Jurisdiction and Legal System
10.1 Place of jurisdiction and place of performance shall be Putzbrunn.
10.2 Tapes & more shall also be entitled to sue at the place of the Buyer.
10.3 In the event that individual provisions of the delivery contract or of these GTC are invalid, the remaining provisions shall continue to be valid. In cross-border delivery transactions, German law shall apply.