General Terms And Conditions
1. Ambit
Deliveries, services and offers are carried out exclusively under our Terms and
Conditions of business in Germany. Consequently, these apply to all future business
connections, despite not being expressly declared again. Opposing business
conditions of the customer do not apply. Confirmations to the contrary in reference to
the customer's Terms and Conditions and/or conditions of purchase are explicitly
objected. They are not integrated into any agreements, unless being confirmed in
writing by Fatboy by art + OBJEKT.
2. Explanation of Terms
2.1 A consumer, according to these Terms and Conditions, is any natural person who
enters into a contract for a purpose that is not related to his/her commercial or selfemployed
professional activity.
2.2 An enterpriser, according to these Terms and Conditions, is every customer who
acts in the execution of his/her commercial or or self-employed professional activity
on conclusion of the contract.
3. Conclusion of a Contract
By placing an order, the customer enters into a binding contract of purchase which
includes the comissioning of a binding delivery order. We accept an order by sending
a confirmation to the customer by Email or Fax within two working days. Changes to
the order within one working day are accepted free of charge. After clarification of
the order and receipt of payment (by advance payment only), the products are usually
delivered within one week.
4. Prices, Shipping Costs, Payment Methods
4.1 The current price on the day of the order applies. All prices are inclusive of GST
(goods and services tax) and packing costs. The product is delivered unassembled for
self-assembly by home delivery. On request we submit seperate offers for contracts
with free delivery to the point of use or assembly. In any case you receive a GST
invoice by E-Mail (PDF file). The original bill is sent (by mail) only on special
request.
4.2 Payment Methods, the payment is to be made by bank transfer to the account stated in the invoice, or by
additional methods of payment specified in the Internet portals.
5 Terms of Delivery
5.1 Unless differing terms of delivery are stipulated in writing, the ordered products are
delivered to you promptly after receipt of goods by Fatboy by art + OBJEKT. This is
the case usually within one to two weeks after clarification or confirmation of order.
This delivery period is adhered to if the article has left the warehouse within this
period.
5.2 The customer must allow Fatboy by art + OBJEKT an adequate period of grace in
the event that the goods can not be delivered within the specified period.
5.3 If the ordered article is out of stock or temporarily unable to be delivered, Fatboy
by art + OBJEKT will inform the customer forthwith after placing the order, and
periodically thereafter. Until delivery by our own suppliers, Fatboy by art + OBJEKT
is exempted from liability unless Fatboy by art + OBJEKT is responsible for the nondelivery
of the supplier.
5.4 In the case of cancellation, received payments will be refunded promptly. Claims
for compensation by the customer are declined unless Fatboy by art + OBJEKT is
responsible for the non-delivery of the supplier.
6. Return of Goods
6.1. If the customer is a consumer (paragraph 2. subparagraph 2.1) he/she is warranted
to cancel the order without giving reasons within a fortnight after arrival of goods.
The cancellation must be in writing per E-Mail or Fax. To meet the deadline, the
timely subission of a demand redemption shall suffice.
After cancellation, the goods will be collected from the customer by us or an
authorised haulage firm. The goods must be packed for transport. In the case of
cancellation you will receive an E-Mail that includes all important information
regarding the return of goods. Returns to European countries with the exception of
Germany must be sufficiently franked.
6.2. The buyer must accept the cost for returns up to an order value of 40,00 EUR.
6.3. Custom-made designs are excluded from return.
6.4. Important information:
At return of used or damaged goods Fatboy by art + OBJEKT reserves the right to
demand compensation for depreciation of value and the level of use. The customer
can avoid claims for compensation by examining the goods only to an adequate
extent. Where applicable, claims for compensation will be offset against the refund of
the purchase price by Fatboy by art + OBJEKT.
7. Warranty and Liability
7.1. The warranty period is two years from the date of purchase. This does not apply for
deficiencies due to improper use.
7.2. In the case of defects in our products, we are authorised to choose either correction
of faults or replacement.
7.3. At failure of amendment or replacement, the customer can choose a reduction of
the purchasing price or cancellation of the purchase.
7.4. Exceeding claims of the customer, particularly claims for compensation that
include loss of profit or other financial loss for the customer, are excluded. This does
not apply if the loss or damage is due to fault, gross negligence or breach of contract
on the part of Fatboy by art + OBJEKT. In the latter case, our liability is limited to the
forseeable loss or damage. Provided that we have warranted the quality or durability
of our products, our liability is restricted to the content of warranty.
7.5. In the case of an unjustified complaint, we have the right to charge a processing fee
of 20,00 EUR.
8. Conditional Sale
We reserve the right of ownership of the item purchased until receipt of all due
payments.
9. Obligation of Secrecy
Customer data that is transmitted with the order is processed and saved in connection
with the processing of the purchase contract. Data transfer to a third party is carried
out exclusively in connection with the processing of the purchase contract.
10. Place of Performance
The place of performance is Dresden. The laws of the Federal Republic of Germany
apply exclusively. The UN Convention on Contracts for the International Sale of
Goods (CISG) is not applicable.
11. Invalidity
Should any parts of these Terms and Conditions be deemed invalid, the validity of the
remaining Terms and Conditions is not affected. Any provision which is invalid shall
be replaced by a valid legitimate regulation.
|
|
|
|
