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Terms of contract and delivery
Of the company Outcast - Hotter Than Hell - Warehouse and Office
In terms of this general contract and delivery conditions, these terms shall be understood as follows:
· „Outcast" („we"): the company
Outcast - Hotter Than Hell - Warehouse and Office
Brigitte Kalle
Bissenkamp 17
44135 Dortmund
Germany
· "Customer": any buyer of deliveries and/or services from Outcast.
· "Commercial customer": any natural or legal person or business partnership capable of holding such rights which uses our deliveries or services in exercise of their commercial or self-employed activity.
· "Consumer": any end-user customer who conducts a legal transaction with us, and which is not either a commercial entity or self-employed retailer or wholesaler.
I. Coverage
For our deliveries and services only the following general terms of contract and delivery apply in the version that is valid at the moment of the order or authorisation, respectively.
Differing arrangements or general terms and conditions for the customer only apply provided that their validity or inclusion has been previously approved by us in writing.
II. Entry of the contract
1. With an order at Outcast the customer makes a binding offer for the entry of a contract about the supply of ordered goods and/or services. We usually accept this offer by confirming the order via email, fax or in writing by mail. The order shall be considered accepted if processed by us according to customer’s demand.
2. For every brand, our internet shop mentions the countries which can be served by us. For commercial customers we reserve the right of cancellation of the contract if an order is not supposed to be carried out to a certain country. In such event we will inform the customer about the cancellation immediately, at the latest 5 working days after receiving the order.
3. The customer confirms that they are fully legal to place such order. Minor (underage) customers are explicitly prohibited to order from our shop, unless they have the approval for the particular order from their parent or guardian before placing the order.
4. After an order has been confirmed, a withdrawal or change of the order by the customer is only possible with our written approval. Legal claims of withdrawal stay unaffected.
5. The entry of the contract is carried out under the provision of the correct and punctual delivery by our own suppliers. We are not responsible for the failure or delay of our distributor to deliver proper goods and in a timely manner, both of which are an integral part of the contract.
6. Our offers are subject to change and do not bind us to accept the order. This also applies if former deliveries have been made by us under pre-existing conditions.
III. Descriptions and details
1. Prices and product descriptions are subject to change until we have accepted the order of the customer.
2. If not explicitly offered otherwise, our product descriptions and prices only apply to the particular item offered and/or depicted, but not necessarily to other depicted accessories or decorations.
3. We only issue a guarantee if and as much as it is named and mentioned as such in a written order confirmation and only if the obligations from the guarantee are named in detail therein.
IV. Delivery and shipping expenses
1. The amount of the shipping expenses apply and conform with the index of shipping expenses valid at the time of the order. This index applies to the delivery within Germany. We arrange the shipping expenses to foreign countries separately. The delivery is to be sent from our business location, named above, to the delivery address provided by you.
2. Orders of 2 or more items authorise us to provide partial delivery unless otherwise arranged. The shipping expenses are not affected by any partial delivery. Any additional charges for partial deliveries are covered by us.
3. Deliveries usually occur within 14 working days. Fixed delivery dates require our written confirmation. Extraordinary periods of delivery – as far as conceivable for us – will be announced to the customer before the confirmation of the order. We are only in default after a written reminder from the customer.
4. Commercial customers orders are considered received at such commercial customers’ request, and all such orders are shipped at the commercial customers’ cost and at their own risk unless otherwise previously agreed in writing.
V. Prices and Due Dates of Payment
1. The prices for our goods to end customers are quoted in Euro including the applicable purchase tax, but excluding shipping charges as well as any transaction costs that might result from the method of payment chosen by the customer. The prices for commercial customers and wholesalers are quoted in Euro excluding the applicable purchase tax, shipping charges and/or any transaction costs that might result from the method of payment chosen by the customer.
2. The amount of delivery, transport or transaction costs results from the current index of delivery and purchase costs, which can be accessed here [LINK] or directly next to the particular offered item. (See delivery and terms of delivery)
3. We are entitled to set aside or refuse certain methods of payment. We reserve the right to only deliver against prepayment. For new customers, the first 3 deliveries can only be made via cash on delivery (C.O.D.) or prepayment. In case of a single default of payment the customer will receive further deliveries only via cash on delivery or prepayment.
4. Our prices are due as of the invoice date; for prepayment with the confirmation of the order by us and payable within one (1) week without any deductions. In case of untimely payment of the purchase price, we are authorised to withdraw from the contract. In case of our withdrawal, the customer has to make up for the loss that results from default of the sale. We are authorised to assess a compensation fee of €20 for the costs of such default. We are at liberty to prove and assess fees that may exceed this amount. The customer is authorised to prove if fees are less than we determine.
5. The customer is only entitled to offset goods or costs with our approval or in case of legally proved counterclaims that are accepted by us in writing.
6. Bank details for transactions
a) National:
Bank SPK UNNA
BLZ 44350060
Konto-Nr 1115
Konto-Inhaber OUTCAST / B.KALLE
b) International:
Bank: SPK UNNA
BIC CODE: WELADED1UNN
IBAN CODE: DE95443500600000001115
HOLDER OF ACCOUNT OUTCAST / B. KALLE
VI. Reservation of proprietary rights
1. The goods remain our sole property until the payment is completed. The customer pledges to treat the goods carefully until payment is completed.
2. The following regulations apply to commercial customers only:
We reserve the proprietary rights of the delivery goods until receipt of all payments resulting from completion of business with the customer. Our conditional ownership extends until such time as we have applied payment to a particular open invoice reservation.
In case of behaviour contrary to the contract on the customer’s side, especially in case of default of payment, we are entitled to take the goods back after an appropriate appointment of a date; the customer is bound to return the goods. The retraction of the delivery goods by us always means a withdrawal from the contract applying to such goods. Any third party seizure of the goods also always means a withdrawal from the contract. In case of seizure of the goods or other interventions of a third party, the customer has to notify us immediately, so we are able to take action according to §771 ZPO. If the third party is not able to compensate the judicial or extrajudicial costs of an action accordant to §771 ZPO, the customer is liable for our deficit.
The commercial customer has the right to resell goods which are still considered our sole property, but only in the proper course of business. The commercial customer makes assignments of all costs of the commercial endprice (including purchase tax) that result from the resale or from another legal ground (especially because of the damage or disappearance of the goods) against his buyers or a third party. The customer is entitled to the inclusion of this claim even after its transfer. Our authorisation to collect this claim ourselves stays untouched. However we pledge ourselves to not collect the claim as long as the customer meets his payment obligations properly and does not get into default of payment. In this case we are allowed to demand that the customer informs us about the assigned claims and their debitor, that he gives all information needed for the claim, that he hands over the corresponding documents and informs the debitors (third parties) about the assignation.
We confirm that upon the customer’s demand, we will release the collateral that we hold, as long as their value exceeds the open claims (that have not yet been settled) by more than 20%.
The customer is obliged to insure the goods up to their replacement value against any due hazards. The customer cedes the claims resulting from a case of damage, especially against insurers or causers of damage to us, up to the amount of our claims. We accept this assignment.
VII. Defects
1. We only want to provide our customers with selected goods of highest quality.
If an item purchased from us should be defective, the customer has to send us a notice of the defect in writing, via fax or email to the address named above.
We will give supplementary consideration within an appropriate period (however at least within ten working days after notice of defect and return of the defective goods). This can occur at our own option via supplementary delivery or via elimination of the defect.
If we do not manage the supplementary consideration after a second effort or if we ultimately refuse the supplementary consideration, the customer has the right at his own option to cancel the purchase or to decrease the purchase prise accordingly.
2. For designs specifically created by order of the customer, the customer accounts for the fact that the theme, respectively the design or its combination with the article of sale, does not breach the rights of third parties, especially industrial property rights. The customer holds us harmless and indemnifies us from possible claims of third parties resulting from such a breach. This also includes the costs of asserting legal rights in an appropriate amount defined by the law. In case of claims of third parties we will inform the customer as soon as possible.
3. Commercial customers are obliged to check the delivered goods directly after receipt. Possible defects have to be reported to us in writing immediately, at the latest until the 10th working day after arrival of the goods. The defective goods have to be available for us to view and are to be stored appropriately until the reclamation is clarified. A breach of this obligation relieves any of our liabilities for defects. The breach of this obligation to disclose such defects means that the delivered goods are approved.
VIII. Liability
1. Our liability is limited to grossly negligent or intentional causing of damage.
2. However, in case of the breach of essential contractual obligations ("material obligations") we are liable for slight negligence as well.
3. For defects that are due to lack of a guaranteed condition, we are only liable for defects that should have been part of the guarantee.
4. In any case, the liability is limited to typical defects in the context of predictability; the maximum quote is usually at € 150. It is the duty of the customer to prove any damages in excess of this amount.
5. We are not liable for lost profit.
6. The limitations of liability mentioned before do not apply to damage to life, body or health or to the liability according to the product liability act.
IX. Right of withdrawal of distant purchases
The following right of withdrawal only applies to customers and the orders deemed "distant purchases" according to § 312b BGB. This applies in particular to orders from our internet shop:
You can withdraw from your contract within two weeks without giving reasons in writing (i.e. letter, fax or email) or by return of the goods. The period of time starts at the earliest with receipt of this instruction. To observe the time limit for withdrawal it is sufficient to send the withdrawal or to return the goods in time. The withdrawal has to be sent to:
OUTCAST DISTRIBUTION
Weetfelder Straße 123
59077 Hamm
GERMANY
or via email to info@hotterthanhell.de
Withdrawal Consequences:
In case of an effective withdrawal, the services received on both sides are to be granted back and eventual utilisations (i.e. interest) are to be given back. If you are not able to grant us the received services at all or partly, you might have to pay compensation. This does not apply if the deterioration of the goods is only caused by their inspection – as if such goods had been damaged during handling in a shop. You can also avoid paying compensation by not using the goods like your property and refrain from anything that could lower its value. Shippable goods are to be returned. You have to bear the return costs if the delivered goods meet the order and if the price for the goods to be returned does not exceed €40, or, if you have not reciprocated or paid the partial payment as contracted for any goods with a value of a higher price. Otherwise, the return is free for you. Please don´t send it freight collect! Send it franked back to our warehouse, we will refund you the money after receiving the parcel.
You have to fulfil the commitment of refunding payments within 30 days after sending your declaration of withdrawal.
X. Commercial resale
A commercial offering or resale of goods drawn from us, especially through internet auctions, enables Outcast to an immediate stop of any contractual relationships and to the cancellation of current deliveries. The same applies if delivered goods are put up for sale in other than the declared shops. We explicitly reserve the right to pursue other legal measures.
XI. Data protection / Credit check
The data information necessary for transactional purposes are stored by us. Any personal data will only be used for the purpose of the contractual relationship and will not be forwarded to third parties, unless a statutory duty or special authorisation applies.
We reserve the right to forward data to co-operating collection companies in case of non-payment.
We reserve the right to exclude customers from future orders in case of legitimate reasons (especially attempt to defraud or other breach of laws) and therefore save and use these customers’ data.
XII. Further clauses
German law applies excluding the UN sales law.
For commercial customers, the place of performance and jurisdiction is Hamm.
Status: March 2007
Contact:
Office Phone:+49-2381-4366500
Office Fax :+49-2381-4376300
info@hotterthanhell.de
www.hotterthanhell.de
Copyright:
© Copyright: outcast-shop. Copyright protection applies to the site of our shops as well as to the content provided. Any publishing, copying, distribution or other use is prohibited and only valid after our written approval.
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