As of: June 2014
I. Time of delivery, Receipt of goods
1. In particular when executing larger orders, we shall be entitled to partial deliveries to the extent that the customer can reasonably be expected to accept such partial deliveries.
2. Agreements on delivery times shall be reached individually (or shall be specified by us during the order transaction respectively). Delivery dates not explicitly stipulated as binding shall be non-binding. Where payment is made by advance payment, the period for delivery shall begin on the day after which the customer has placed the payment order with hit credit institution or, in case of other types of payment, on the day after the contract was concluded (clause II). Even adherence to binding delivery dates shall be subject to correct and timely supply of required materials to us. Failing to observe these duties shall not constitute a breach of contract, if we can show that we have concluded a corresponding hedging transaction with our supplier in due time and if we can furthermore show, that he did not adhere to the delivery date agreed upon with us. We shall, without delay, notify about any signs of delay.
In any case, adherence to delivery dates shall be subject to timely supply of the necessary provisions for the production of the work and/or declarations by the costumer, e.g. if necessary, supply of details and notices of approval to be communicated by the customer in good time and – insofar as agreed – receipt of the down payment.
3. Where the costumer defaults in acceptance, we shall be entitled to claim any damages resulting thereof and any additional expenses thereupon incurred. The same shall apply, if, the costumer culpably fails to comply with his duty to cooperate. The risk of accidental deterioration or accidental loss shall pass to the customer at the time when he starts to be in default as obligor or in default of acceptance.
II. Prices, Terms of payment, cost bearing agreement
1. In the absence of any written price agreements to the contrary, the total prices displayed on our website shall be final prices in Euro including the applicable Value Added Tax as in force from time to time and excluding any costs for shipping and handling.
2. Cost of returning the goods: Where a customer is a consumer and where he exercises his right to withdraw, he shall bear the costs regularly incurred when returning the goods (e.g. fees charged by the Deutsche Post AG). Where the customer exercises his right to withdraw, we will reimburse him the costs for shipping and handling incurred for sending him the goods in the amount corresponding to the cheapest option for standard shipment.
3. In the absence of any separate written agreements, our invoices shall be immediately due and payable.
4. Payment of the price may be made per credit card or PayPal. Other payment methods, in particular check or cash payments cannot be processed and shall not discharge from the duty to pay the price.
5. The customer shall be barred from any set off except against undisputed debt or against claims which have become res judicata. The customer shall not be entitled to a right of retention except for retention against counterclaims arising from the identical contractual relationship.
6. Our obligation to perform shall be suspended as long as the customer is in default of payment. This shall be without prejudice to our rights under section 321 BGB (German Civil Code).
7. Default Interest for default of payment by entrepreneurs shall amount to 8% above the basic rate of interest. Moreover, we shall be entitled to charge € 5,00 for every reminder or warning letter after the date of default; the customer shall be entitled to prove lower dunning costs. In any case, we shall be entitled to claim higher damages, where so established.
III. Waranty of defects
1. The customer is entitled to the statutory warranty claims in accordance with subclause IX of our Terms & Conditions.
IV. Customer Service
Büttenpapierfabrik Gmund GmbH & Co. KG
83703 Gmund am Tegernsee
Phone: +49 8022 7500-0
Fax: +49 8022 7500-99