General Terms and Conditions of Business of DORTEX Werbung und Vertrieb mbH
Version dated 16.11.2011
1. General – Area of application
All offers, deliveries and activities of Dortex mbH for goods and services are undertaken solely on the basis of these General Terms and Conditions of Business (hereinafter called AGBs). Divergent terms must be confirmed in writing.
2. Conclusion of the contract
Orders placed in writing, online via the webshop, by email or orally by phone are binding. Collateral agreements made orally must be confirmed in writing by both parties (e.g. by email) to be valid. The contract comes into being as soon as Dortex mbH has sent an order confirmation to the Customer, including the email sent via the shop system but not later than on receipt of the goods. Dortex mbH retains the right to refuse to accept orders at all times.
All stated prices are final prices but are subject to any applicable delivery costs. A portion of the delivery costs will be charged if the total value of an order is below $60.00. The portion of delivery costs in Germany is $2.50 (for orders under $60.00) and is $2.50 outside Germany. In the case of deliveries within the European Union, 19 % Value Added Tax is included in the prices. In the case of orders to be delivered to a third party, the person placing the order is deemed to be the customer (called “Customer” here) unless no agreement is expressly concluded to the contrary.
Subject to no problems being encountered in the course of operations, the Customer can expect the delivery of the ordered goods within the delivery times indicated in the web-site. However, Dortex mbH accepts no liability for compliance with the delivery times unless a specific delivery time was agreed in writing. Delivery will be made to a delivery address indicated by the person placing the order. The Customer is liable for costs arising as a result of a wrongly specified delivery address.
5. Right of return
In the case of orders where the value of the goods does not exceed $36.00 and the goods do not please the Customer, the latter may return the goods and the invoice within 10 working days without giving any reason. The purchase contract is cancelled by doing so. The Customer must pay for the cost of returning the goods. In the case of larger orders, the return of goods made specially for the Customer may only be accepted in the event of justified complaints. If the Customer has doubts about the product attributes, the possibility of ordering smaller quantities or requesting a sample is always available.
The goods which were supplied remain the property of Dortex mbH until payment has been received in full. Unless agreed to the contrary, invoices are due for payment without any deduction whatsoever immediately after delivery. All payments must be made to Dortex mbH within 10 days of receipt of the invoice. The Customer is in default after the end of this 10 day period. 0 will be charged for each written payment reminder. Default interest at 7 % over the interest base rate applicable at the time as published by the Bundesbank in accordance with the German Discount Rate Transition Act (Diskontsatz-Überleitungs-Gesetz) must be paid on invoices which are in default. The assertion of claims for additional compensation for late payment is not excluded hereby.
Complaints resulting from obvious defects must be notified in writing within one week of receipt of the goods. Failure to do so will result in the exclusion of the Customer’s assertion of warranty claims. If, in spite of all the care that has been exercised, the goods supplied should exhibit a defect which was already in existence at the time of the transfer of risk, Dortex mbH will rectify the defect in the goods or supply replacement goods at its option, subject to notification of the complaint within the period allowed. The opportunity of subsequent performance within a reasonable period must always be granted. Rights of recourse remain unaffected and unrestricted by the above provision. If subsequent performance should fail, the Customer may withdraw from the contract or reduce payment without prejudice to any claims for compensation. Minor deviations from agreed attributes, insubstantial impairment of usability, natural wear and tear and damage arising after the transfer of risk as a result of incorrect or careless handling, excessive loads or other specific external influences which were not anticipated in the contract do not constitute claims under the warranty. Claims by the Customer in respect of expenditure necessary for the purpose of subsequent performance, especially transportation costs, are excluded in so far as the expenditure is increased because the goods supplied by Dortex were subsequently moved to a place other than the purchaser’s address. Dortex mbH accepts no liability for the archiving of files uploaded by customers onto the Dortex server.
8. Information on the right of withdrawal
If the Customer is a consumer (i.e. a natural person who is not acting as part of his/her commercial activity or self-employment), the Customer is entitled to a right of withdrawal in accordance with the following provisions. Note: there is, however, no right of withdrawal in respect of distance selling contracts for the supply of goods manufactured to a Customer’s specification or which are clearly customised to personal requirements e.g. name tapes, satin tapes printed in accordance with a Customer’s sample or other goods specifically manufactured for a Customer. The following applies to orders without a customer specification:
8.1. Right of withdrawal
You may withdraw your offer to purchase in writing (e.g. by letter, fax or email) within 14 days without giving reasons or, if the goods were delivered to you before the end of the expiry of this period, by returning the goods. The period of time commences after receipt of this information in written form but not before receipt of the goods by the consignee (in the case of repeated deliveries of goods of the same type, not before receipt of the first partial delivery) and also not before we have complied with our obligations of providing information in accordance with Article 246 § 2 in conjunction with § 1, Paragraphs 1 and 2 of the German Introductory Law to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch) and our obligations in accordance with § 312g, Paragraph 1, Sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch) in conjunction with Article 246 § 3 of the German Introductory Law to the Civil Code. The deadline for the withdrawal or the return of the goods within the allotted period is observed if the withdrawal is sent or the goods despatched before the expiry of the allotted period. The notice of withdrawal is to be sent to: DORTEX mbH, Am Schlosspark 66, 44357 Dortmund, GERMANY Phone: +49 (0)231 93 71 00-0, fax: +49 (0)231 93 71 00-19 Email: email@example.com
8.2. Consequences of withdrawal
In the event of a valid withdrawal, the payments and goods received by both parties must be surrendered along with any derived benefits (e.g. interest) if applicable. If you cannot return the goods to us along with any usages (e.g. compensation for benefits obtained) or can only return such items in part or only return them in an impaired state, you must compensate us in this respect for the lost value. You must only compensate us for the impairment of the goods and for the benefits obtained in so far as the use or impairment is due to handling of the goods which goes beyond checking the properties and the functionality of the goods. "Checking the properties and the functionality“ is understood to mean testing and checking the goods in question, for instance in the manner which is possible and customary when purchasing from a shop. Goods which can be returned as a parcel should be returned at our risk. You must bear the normal costs of return if the goods which were supplied correspond to what was ordered and if the price of the goods to be returned does not exceed $60.00 or, in the event that the price is higher, you have not paid the price or made a contractually agreed part-payment at the time of the withdrawal. In other cases the return is free of charge for you. Items which cannot be sent as a parcel will be collected from your premises. Obligations for the reimbursement of payments must be met within 30 days. The period commences for you on the despatch of your statement of withdrawal or of the item; it starts for us on the receipt of the statement of withdrawal or the tem. - End of the information on the right of withdrawal –
Dortex mbH is only liable for loss or damage cause by intent, gross negligence, breach of material contractual obligations in so far as the attainment of the purpose of the contract was prejudiced, if warranted properties are absent and in cases of compulsory liability under the German Product Liability Act (Produkthaftungsgesetz). In the event of culpable breach of material contractual obligations we are only liable for loss or damage which is typical under the contract and can be foreseen. The same principles apply for the liability of the assistants and vicarious agents of Dortex mbH.
In so far as the Customer arranges for goods to be manufactured to customer specifications and delivered by Dortex mbH, it is incumbent on the Customer to ensure that the goods do not infringe any third party copyrights, particularly rights to a name and trade mark rights. In this respect the Customer will indemnify Dortex mbH against all third party claims. This applies in particular to image files which the Customer uploads to Dortex mbH in the webshop or sends to Dortex mbH by means of email or data-carriers. By saving an image file on the Dortex webserver, the Customer is stating that he/she is entitled to the unrestricted use, transmission and dissemination of all files passed to Dortex and is also entitled to the unrestricted use of the samples made available to Dortex including text and image material. If a third party should assert claims against the seller by reason of an alleged breach of rights, the purchaser is obliged to cooperate in the legal defence and, for instance, to prove the existence of licences or prior rights. Dortex mbH is entitled to recognise the third party’s claims and require recourse from the purchaser if the latter fails to prove the existence of prior right in good time and to provide adequate security in advance for the costs of the action. The purchaser must reimburse Dortex mbH for all expenditure and losses arising from the legitimate or acknowledged assertion of third party claims, particularly the costs of the legal defence, compensation paid or losses from the destruction of goods.
11. Promotion by Dortex mbH
By purchasing of the goods the Customer grants to Dortex mbH the image rights to the product which was manufactured without any separate agreement being required. Dortex mbH is permitted to use the product photos to a reasonable degree as promotional material, a reference on its web-site or in other publications. The Customer reserves the right to oppose this right without giving reasons.
12. Data protection
By placing the order the Customer expressly permits Dortex mbH to save data taken from the contractual relationship (in accordance with § 28 of the German Federal Data Protection Act) and, to the extent necessary for the performance of the contract, to retain the right to pass the data to third parties (e.g. parcel delivery services and insurance companies). The Customer is entitled to the right to revoke this consent at any time with future effect. This product includes GeoLite data created by MaxMind, available from https://www.maxmind.com.
13. Final provisions
This contract and all the legal relationships of the parties are governed by the law of the Federal Republic of Germany but with the exclusion of the United Nations Convention on the International Sale of Goods (CISG). The place of performance and the sole place of jurisdiction for all disputes arising from this contract is Dortmund. If individual provisions of this contract should be or become invalid or contain a lacuna, the remaining provisions remain unaffected thereby.