General trading terms and conditions (without considering the VAT)
Offer and Acceptance of Order: Offers of the supplier are subject to confirmation. By placing the order, the purchaser acknowledges the effective supply and payment conditions. Changes and extensions have to be approved by the supplier in writing.
Subsequent delivery obligation: If the vendor is delayed with the delivery, the buyer has to approve a subsequent delivery time limit of four weeks. The subsequent delivery time limit can be set only after the expiry of the initial delivery time limit and is counted starting at the day of the dispatch of the buyer's registered communication. If the bought item is not supplied even until the expiry of the additional period, then the buyer is allowed to back out of the contract by written notification. Further rights and claims and especially claims of damages because of non-fulfilment or because of delayed delivery or other claims of compensation towards the vendor are excluded, unless he is guilty of severe negligence or premeditation.
Right of return: You can return the received goods without mentioning the reasons within [two weeks] by sending the goods back. The time period starts earliest at the receipt of the goods plus this instruction. You can request the return also by retraction request, using the written form, that means e.g. by letter, fax or e-mail only in the case of goods that are not transportable in parcel form (e.g. bulky goods). To comply with the time limit suffices the timely dispatch of the goods or of the request of retraction. The return takes in any case place at our costs and risk. The return or the retraction request has to take place to our respective warehouse. Please contact us before dispatch in order to enable us to communicate you the correct warehouse address.
Consequences of return: In the case of an effective return, the services already received by any of the parties have to be returned and, as the case may be, the use (e.g. use advantages) has to be rendered back. When a degradation of the goods has taken place value compensation can be claimed. This is not valid if the degradation of the goods is caused solely by its examination – such as would have been possible for you in a store. You can by the way avoid the value compensation clause by not using the goods as an owner and by giving up all that can prejudice their value.
Right of cancellation: You can cancel your contract acceptance without explanations within two weeks in written form (e.g. by letter, fax, e-mail) or by sending the goods back. The time period starts earliest at the receipt of this instruction. In order to meet the cancellation time limit, it suffices the timely dispatch of the cancellation or of the goods. One has to address the cancellation to : Company AMAZONAS, Tel: +49 6202 3188, fax: +49 6202 4028 , e-mail: info@amazonas-products.com Consequences of cancellation: In the case of an effective cancellation, the services already received by any of the parties have to be returned. In the case that you are not able to return the delivered service (goods) in its entirety or in part or you can do it only in degraded condition, you might have to compensate the loss of value as the case may be. [At the surrender of goods this does not apply if the degradation of the goods occurs solely due to their examination-such as would have been possible for you in a store. You can by the way avoid the value compensation clause by not using the goods as an owner and by giving up all that can diminish their value. Goods that can be packaged as parcels have to be sent back. Goods that cannot be packaged as parcels will be collected from you.
Delay of payment: In the event that the execution of the invoice is endangered because of a change happening or becoming known after contract closure as to the financial status of the buyer, then the vendor can ask for prepayment and immediate payment of all the open invoices including invoices not yet due, refrain from delivering goods not yet sent as well as discontinuing the further processing of still pending orders. The vendor is entitled to these rights as well if the buyer does not execute the payment despite having received a dunning letter because of delay in payment. In case of delay of payment default interest in height of 5 % above the then prevailing bank rate of the German Federal Bank has to be paid. The assertion of further delay damages is not excluded thereby.
Retention of title: The delivered goods remain the non-sellable property of the vendor until the full payment of the various obligations derived of the buying agreement. This is valid also if the goods are being packaged, processed further or passed along to third parties. As long as the retention of title is valid, the reselling is allowed only to resellers in the framework of the orderly business procedure with the requirement to maintain the ownership right of the vendor through suitable contracts (extended retention of title). In the case of reselling the goods subject to retention of title, the reseller transfers immediately his receivable from the buyer to the vendor. If the payment takes place to the reseller, this has to treat the received amounts trustee wise, without mixing it with his financial assets and has to transfer them immediately to the vendor. During the period of retention of title, the buyer is obliged to keep the goods in an orderly manner. Upon the intervention of creditors of the buyer, especially garnishment of the bought goods, the buyer has to inform the vendor immediately in writing as well as to bear the expenses caused by steps to remove the intervention, especially of intervention litigations if the other party cannot withdraw them. A garnishment or chattel mortgage is unacceptable under the prevailing retention of title. In case that the buyer does not fulfil his obligations and the vendor activates his retention of title, then it cannot be claimed that the bought goods have to secure the existence of the trade. When the buyer is in breach of the contract, among others by delaying payment the vendor is entitled to take back the goods delivered under retention of title. The buyer is obliged to restitute them. The activation of the retention of title as well as the garnishment of the delivered goods by the vendor does not constitute a retreat from the contract. Goods delivered and already paid for but still available guarantee for all claims still open.
Place of fulfilment, jurisdiction, effectuality: Place of fulfilment and jurisdiction for all the claims and litigations arising from the contractual relationship including payables and deeds is Schwetzingen as long as allowed by law. Solely German Law applies. The possible inoperativeness of one or more clauses does not affect the efficaciousness of the remaining clauses.
