Kleinkunst aus dem Erzgebirge Müller GmbH

Folklore Wooden Products from the Erzgebirge Mountains

Terms of Delivery

1 General

Any  deliveries made or services provided by Müller GmbH (hereinafter called  Supplier) shall be subject to these Conditions of Sale. No other  conditions shall be valid even if Supplier does not generally object to  those. Likewise, these Conditions of Sale concern any contracts between  Supplier and Customer.

2 Availability of Goods Ordered

In  case an article is not available, Supplier reserves the right to resign  from the contract. Supplier shall inform the Customer of the situation  without any delay. Delivery is possible as long as stocks last. From the  moment a product or any product details depicted in the online shop or  contained in the catalogue are deleted, the original offer shall be  invalid.

3 Contract Documents

The  customer shall, for his own convenience, print out his order and, if  applicable, confirmation received from Supplier. Supplier shall save  these documents but not be supposed to have them available with every  incoming order. Contract language is German. No other languages shall be used.

4 Prices/ Freight Costs/ Payment/ Data protection

The  prices quoted are exclusive of VAT. Prices shall be the ones of the  date of order. Despatch shall be made via the postal service. Shipping within Germany entitles the supplier to charge shipping and packaging costs  Despatch to European or non-European countries shall be based on the  terms applicable. For better security and for the Customer’s  convenience, payment shall be made by direct debiting, credit card or  cash on delivery/Cheque. Charges for cash on delivery amounting to EUR  2.00 shall be borne by the Customer. The goods delivered by Supplier  shall remain Supplier’s property until full payment has been received by  Supplier. Contract data (surname, forename, name of street, house  number, postal code, place) will be used to have credit rated with CRIF  Bürgel GmbH, Leopoldstraße 244, 80807 München. This announcement follows from the law (see article 6 chapter 1 letter b and article 6 chapter 1 letter f of DSGVO).

5 Delivery

Supplier  shall make all efforts to deliver by the date named by the Customer.  Any articles not available at the moment of delivery shall be sent to  the Customer as soon as available. Despatch shall be made through the  parcel delivery service chosen by Supplier. In case the Customer is not  at his premises at the moment of delivery, written advice of delivery  shall be left in his letter box. Any additional costs resulting from any  further Supplier’s attempts to deliver shall be borne by the Customer.

6 Cancellation

The  Customer shall have the right to cancel the contract within two weeks  from receipt of goods. For this purpose, the Customer shall give notice  of cancellation to Kleinkunst aus dem Erzgebirge Müller GmbH, Hauptstr. 154 B, D-09548 Kurort Seiffen. The goods delivered shall be collected  free of charge. The Customer shall not be supposed to give any reasons  for cancellation. Cancellation shall not be possible with articles made  to the Customer’s order or with articles solely made to meet the  Customer’s needs. In addition, cancellation shall not be possible with  any articles whose packing seals are broken or with any articles which  have been used or which, due to their particular quality, are not  suitable to be returned. With any orders below EUR 40, any regular  costs resulting from the goods being returned shall be borne by the  Customer, except the goods delivered do not correspond with the goods  ordered. Supplier granting the Customer the right to use the goods until  the moment of cancellation, the Customer shall compensate for the  depreciation the goods in question have suffered, except the Customer  has used the goods or services in question in conformity with their  general purpose. Having given advice of cancellation, the Customer shall  no more be entitled to use the goods or services in question. Customer  shall return the goods in question without any delay. Supplier reserves  all relevant rights.

The  above stipulations shall be seen within the framework of our Conditions  of Sale. In case of doubt, the above stipulations on delivery shall  have rank prior.

Conditions of Sale

1 General

Any  deliveries made or services provided by Müller GmbH (hereinafter called  Supplier) shall be subject to these Conditions of Sale. No other conditions shall be valid even if Supplier does not generally object to  those. Likewise, these Conditions of Sale concern any contracts between  Supplier and Customer.

2 Offers

Supplier’s  offers are not binding and without obligation. Contracts shall be  generated by means of oral or written order. Supplier shall not be  supposed to confirm orders. In an appropriate way, Supplier reserves the  right to slightly deviate from the contract in case technological or  quantity-related needs force him to do so. In any such case the Customer  shall be sent written confirmation. Delivery shall strictly follow the  stipulations made in said confirmation.

3 Prices and Minimum Order Values

Prices shall be quoted ex works and not include packing and shipping. Prices shall exclude VAT. Supplier reserves the right to stipulate a minimum order value of EUR 500.  Articles which are part of the Limited Edition line shall not be  suitable to reach minimum order value.

4 Despatch

Despatch  shall be carried out ex works and without obligation and at the  Customer’s risk. Consignments shall be suitably packed. If not otherwise  agreed with the Customer, the choice of mode of despatch shall be at  Supplier’s discretion. Supplier shall not be liable to take out  insurance, however, Supplier may take out insurance if the Customer  wants him to do so. Costs shall be borne by the Customer.

5 Delivery

Periods  of delivery or of services to be provided shall base on the contract,  given Supplier himself has received correct and punctual supplies.  Partial deliveries shall be possible. Punctual  delivery requires, as a prerequisite, Supplier has received all  documents to be submitted by the Customer (business registration). In  addition, punctual delivery requires the Customer pays in conformity  with the terms of payment Supplier and Customer have agreed on. Supplier  shall be entitled to adequately postpone the date of delivery if, due  to mobilization, war, riot, strike, lock-out or unforeseen circumstances  for which Supplier cannot be held liable, Supplier is unable to meet  the date of delivery. In case of services being late or in  case Supplier can be held liable for services not being provided, the  Customer shall be entitled, within the framework of the law, to cancel  the contract. Services shall not be called late as long as the obstacles  mentioned above are effective. In case of late delivery, cancellation  due to late delivery or in case Supplier can be held liable for his  inability to provide the services under contract, the Customer shall not  be entitled to claim damages, except Supplier or any of his  subcontractors acted grossly negligently or on intention.  In case the Customer causes late receipt of goods delivered by Supplier  or in case the Customer breaks any of his duties, Supplier shall be  entitled to claim damages. In any such cases, the risk of the goods  delivered by Supplier being eventually destroyed or losing value shall  be transferred to the Customer from the moment the Customer has started  causing late receipt of the said goods.

6 Retention of Title to Goods Delivered by Supplier

Any  goods delivered by Supplier (reserved goods) shall remain Supplier’s  property until full payment has been received by Supplier. As  long as the retention of the title to the goods delivered by Supplier  is effective, the Customer shall be forbidden to give said goods in  mortgage or to assign said goods as collateral. However, the Customer  shall be permitted to sell said goods. Supplier’s Customer’s right to  payment made by his Customer shall replace the goods sold. Supplier’s  Customer is entitled to draw on his Customer. In case Supplier’s  Customer does not appropriately observe the duties resulting from the  contract with Supplier, Supplier shall be entitled to cancel Supplier’s  Customer’s right to sell said goods and to draw on his Customer.  Supplier’s Customer shall, without any delay, report to Supplier any  theft of the reserved goods, any damage to them or any loss as well as  any bankruptcy proceedings that might have been instituted or any  petition for composition that might have been filed. In  case Supplier’s Customer does not pay punctually or in case Supplier’s  Customer’s financial position does not allow Supplier’s Customer to make  payment when due, Supplier, after appropriate reminders, shall have the  right to the goods delivered by him being returned. Supplier’s Customer  shall return said goods. Enforcing the retention of the title to the  goods delivered or levying execution of the reserved goods against  Supplier’s Customer shall, if not expressly so stated by Supplier, be no  cancellation of the contract.

7 Terms of Payment

Terms  of payment shall be in conformity with the contract. Both new and  foreign Customers shall be delivered following payment in advance or  cash on delivery or payment by credit card. In  case an invoice is overdue, Supplier shall be, without any reminders  sent to the Customer, entitled to interest at 5% and, from the point of  default, at the rate valid in banking with additional cover, and at no  less than 5% above the base key rate of the European Central Bank. Any  further Supplier’s rights shall remain untouched. In case the Customer  does not make payment in due time or in case his financial position has  drastically worsened after the contract becoming effective, all his  liabilities to Supplier shall be due at once. In such a case, Supplier  shall have the right to make outstanding partial deliveries on security  or against payment in advance.

8 Transfer of Rights/ Balancing out Accounts

As  long as the purpose of the contract is not affected, Supplier shall  have the right to transfer both rights and obligations resulting from a  business relationship to third parties. The Customer shall have the  right to transfer his rights resulting from a contract to third parties  in case Supplier has given written permission to do so. The Customer  shall not balance out accounts held with Supplier except with  unquestionable and lawful rights. The customer shall not retain payment  due to a counterclaim, except the counterclaim is unquestionable with  Supplier and lawful.

9 Warranty

Warranty  shall cover the goods sold do not show any faults resulting from their  manufacture or from the material used and are manufactured to the  state-of-the-art and to the standards of the manufacture of  Erzgebirge folklore wooden figurines. Warranty shall follow the law and  becomes effective on the Customer receiving the goods. Any faults  resulting from the Customer storing the goods improperly or from  shipment shall not be covered by warranty. In addition, the stipulations  outlined in §4 of these Conditions of Sale are valid. The  Customer shall, directly on receipt of goods, examine said goods for  externally visible damage resulting from shipment or for wrong delivery,  enter any such findings into the shipping documents and report them to  Supplier without any delay. The Customer shall examine the goods  delivered by Supplier for completeness. The Customer shall claim in  writing any short delivery, any faulty goods or any damage to the goods  without any delay, which is three days after receipt of goods at the  latest. Any faults or any damage not externally visible shall be  reported to Supplier within the framework of the law, in writing and no  later than 6 months from receipt of goods. The  article claimed shall be kept unchanged until it is collected by  Supplier or by a forwarder named by Supplier. No carriage forward  returns to Supplier shall be admissible, no such returns shall be  accepted by Supplier. Any returns shall be properly packed by the  Customer. In case the  Customer has claimed any faulty goods in time and in case Supplier  agrees said goods are faulty, Supplier shall repair said goods within  appropriate time or deliver replacement of the same kind of goods. In  case Supplier is unable to repair said goods within appropriate time,  the Customer shall have the right to a change in price or to a  reduction. Any further  customer’s rights, based on whatever law, in particular resulting from  breach of contract, any mistakes made when entering into the contract or  consequential damage, shall be excluded, except the damage was caused  by Supplier’s grossly negligent behavior or failure. In any case,  liability shall be limited to the predictable damage and shall be no  more than three times the contract value of the article(s) that have  caused the damage. Liability resulting from product liability  regulations or the law in general remain untouched.

10 Cancellation

Supplier  shall have the right to cancel the contract in case he is unable, due  to circumstances beyond his control, to deliver or provide the service  in question (such as no supplies coming in, Act of God, strike, natural  catastrophes. Supplier shall also have the right to cancel the contract  in case of breach of contract through the Customer, in case of  non-predictable and inappropriate costs coming up. In case Supplier’s  inability to deliver is temporary or partial, the contract may, both  parties agreeing, be altered. In case the Customer is liable to pay  damages to Supplier or in case Supplier cancels the contract in  conformity with his rights resulting from the contract or from the law  in general, Supplier is, without any further evidence, entitled to 25%  of the order value, except the Customer gives evidence of the damage  being below that amount. However, Supplier may enforce evidence of  higher damage.

11 Place of Performance and Place of Litigation

Place  of performance for deliveries and payments to be made is Supplier’s  seat. Sole place of litigation is – as far as the Customer is a business  person in the sense of the law – the town of Marienberg, Germany.  Contracts are based on the law of the Federal Republic of Germany. The  regulations of the Sale of Goods Act of the UN commercial law shall not  be applicable.

12 Final clauses

No  Customer’s right to processing or re-manufacturing the goods delivered  by Supplier shall exist. Supplier retains the title and the proprietary  rights right to pictures, drawings, calculations or any further relevant  documents. Said documents shall not be made accessible to any third  parties without Supplier’s permission. No Customer shall digitalize any  product pictures, product data or product descriptions for any print  media or for use in electronic business communication. Any such steps  shall remain subject to Supplier’s permission. The Customer shall also  make sure the goods  delivered by Supplier are displayed in a proper way, in particular in  shops or in relevant markets, however, not together with products  manufactured in the Far East. Supplier reserves the right to damages in  case these stipulations are not observed. In  as much as Supplier provides information or advice, the Customer shall  check said information or advice for applicability. In particular, this  concerns information given by the Customer to the Buyer on the usability  of the goods delivered by Supplier for certain processes or purposes. In  case any of the stipulations of these Conditions of Sale are not in  conformity with the law or incomplete, the parties to the contract shall  replace the stipulation not in conformity with the law by a suitable  stipulation or complete any incomplete stipulation so the commercial  purpose is fully met. Any other stipulations of these Conditions of Sale  shall remain untouched.