General terms and conditions
Delivery:
- Delivery shall be at prices and conditions valid on the day of despatch.
- There shall be no rebate for customer collection.
- Agreed delivery and performance deadlines can only be ensured for normal course of business. In particular in case of unforeseeable events such as force majeure or other disturbances with us, our suppliers or the forwarding agent, we shall refuse any responsibility and liability for timely delivery and performance. Any damages due to default or failure of performance shall be excluded to the extent permissible by law.
Conditions of payment:
- All payments shall be received within 14 days following your internet order, without any rebate. Any deductions from the invoiced amount shall not be permissible.
- In case of failure to comply with timely payment we shall charge interest for late payment at a rate of 5 % above the bank rate of the “Deutsche Bundesbank”.
- Down payments shall be used to compensate for previous positions.
- Check payment is not accepted.
Retention of title:
- We shall retain the title for the goods supplied until complete receipt of settlement of all amounts due arising from the contractual obligations with the ordering person, irrespective of the legal grounds.
- The customer shall not be entitled to pledge or assign as security to third parties.
Liability for defects:
- We shall grant our customers a liability for defects of three years. The general warranty conditions apply for our supplied goods.
Place of fulfilment and jurisdiction:
- If the customer is a general merchant, a legal person of public law or an association of special assets subject to public law, the place of fulfillment and jurisdiction shall be Freiburg/Germany for both parties and all claims arising from the business relationship. With consideration of the amount in dispute, we shall reserve the right to file a suit with the Amtsgericht [local court/district court]. If the afore mentioned does not apply to the customer, a collection procedure with place of jurisdiction in Freiburg/Germany shall be agreed.
The subsequent information about rights of cancellation is applicable to end customers and shall be part of the contract:
Rights of cancellation:
Private end users may cancel in writing (e.g. letter, e-mails) their conclusion of the contract within one month without indicating any reasons – or by returning the object if they have already received it prior to cancellation period expiry. The period commences upon receipt of these instructions in writing but not prior to reception of goods with the receiving party (for repeated deliveries of same goods not prior to reception of the first partial shipment) and not prior to our fulfilment of obligation for information in compliance with articles 246 § 2 in combination with § 1 alineas 1 and 2 EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch - Introductory Act to the German Civil Code] as well as our obligations in compliance with § 312e alinea 1 sentence 1 BGB in combination with article 246 § 3 EGBGB. To comply with the cancellation period deadline, it suffices to send the notice of cancellation or to return the object. Please direct any notice of cancellation to:
Ullrich Construct GmbH
Hans-Bunte-Strasse 6
D- 79108 Freiburg
Email: info@mobydoc.de
Consequences of cancellation:
In the event of an effective cancellation, the service/performance received have to be returned and the ensuing benefits (e.g. interests) have to be restored. ‘For alterations as a consequence of the appropriate commissioning of the object, no compensation of the lost value has to be made. Objects appropriate for parcel shipment have to be returned at our risk.
Objects which cannot be sent by parcel will be collected at the customer’s. Obligations for refund of payments have to be fulfilled within 30 days. The period shall start for customers with the date of dispatch of the notice of cancellation or the returned the object and for us with the reception of goods.
Cost for return shipment in case of cancellation:
You will have to bear the cost for return shipment in case the supplied merchandise corresponds to the ordered goods and if the total price of the goods for return does not exceed 150 Euros, or if at the time of cancellation, you have not yet fulfilled the counter-performance or the contractual partial payment. In all other cases, the return shipment shall not be at your charge.
End of instructions about right of cancellation
