GENERAL TERMS AND CONDITIONS
General terms and conditions
Dr. Eugen Beck GmbH & Co. KG
Spitalhofstrasse 94
94032 Passau
(Seller)
As of: 01.01.2020
1. Applicability of the general business terms and conditions
Seller provides deliveries, services and offers through orders via this online shop exclusively on the basis of these general business terms and conditions (hereinafter also “GTCs”). These GTCs may be accessed at any time at www.flair.de, printed out using your internet browser or stored on your computer.
Seller does not acknowledge contrary or deviating GTCs and hereby expressly rejects these. Seller offers are directed exclusively to businesses and commercial resellers, and not to consumers.
Regarding Seller´s internal glazing lab and service the seperate general business terms and conditions for the glazing service shall apply.
Sales by the customer on the Internet may only be made after a separate agreement to that effect has been concluded.
2. Entering into contract
All offers of goods presented on the internet by Seller are subject to change without notice and unbinding – including with regard to price quotations. Seller shall not be held liable for potential errors, misprints, technical, color-related and pricing changes, despite its most diligent efforts to avoid these.
Upon ordering goods, Buyer declares its intent to acquire the ordered goods on a binding basis. Prior to shipment of the order, the data may be reviewed at any time and changed or deleted. However, the order will only be placed and transmitted if Buyer accepts these contractual terms and conditions beforehand by clicking the "Accept GTCs" button, and thereby incorporates them into the order.
After the order is placed, Seller sends an automated order confirmation receipt via e-mail which can be printed out and in which the order is once again listed . The automated order confirmation receipt documents the receipt of the order by Seller.
This contract takes full force and effect not until transmission of a shipment confirmation and/or shipment of the goods.
The internet shop is available in German, English and French. After order placement, the contract text may no longer be reviewed; the shipment confirmation, however, contains all details of this contract.
3. Pricing and payment
Seller’s pricing is accepted to be the cost from its Oelde / Passau-based factory, excluding VAT. Buyer will be invoiced at the prices in effect on the date of order, plus packaging and shipping costs, which are added to the cost of sale. Price lists serve only as non-binding information.
Invoices are due and payable with 2% discount if paid within 14 days of invoice date, or due and payable without deduction within 30 days of invoice date. In the event of default, our claims for remuneration shall bear interest at 5% over the base interest rate. Our claims for compensation for further losses shall remain unaffected thereby.
Seller is entitled at any time after acceptance of the order to refuse to render the agreed service or delivery or to premise it on the furnishing of a security deposit or advance payment if the customer is in default of payment or if Seller becomes aware of facts relating to the financial circumstances of the customer as a result of which, in Seller's free discretion, satisfaction of Seller's claims does not appear to be secured or no longer appears to be sufficiently secured.
The customer undertakes to reimburse the Seller for all dunning and collection expenses actually incurred and necessary for the appropriate prosecution of its legal rights, in particular the costs of any collection agencies engaged and attorneys' fees.
The customer may only offset claims arising out of this contract against claims that have been expressly acknowledged in writing or have been adjudicated by a res judicata court judgment. The customer is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or other complaints.
4. Reservation of proprietary rights
The goods remain the property of Seller until payment in full of the respective account balance. Seller is entitled to repossess the purchase object if Buyer conducts itself in contravention to this contract.
Buyer is obligated to handle the purchase object with all due diligence and care until ownership has been transferred to it in full.
In the event the goods are hypothecated by third parties, Buyer is committed to notify such parties of this reservation of proprietary rights and notify Seller of this circumstance immediately. Legal venue is Oelde, Germany.
If Seller sends display cases, stands or other objects with which goods may be presented, the customer may only use these for the purposes intended by Seller. Seller shall retain ownership and all IP rights to such items. The customer must immediately return them to Seller upon request, insured and free-of-charge. Unless otherwise agreed in writing, such items shall remain the property of Seller even if the customer bears the costs thereof.
5. Delivery and shipment
Buyer accepts all risk and expense of shipment.
6. Warranty and defects
The warranty period is 2 years from the date of delivery of the goods.
Seller shall have no obligation to insure goods against transport damage. Seller will insure the goods against theft, transport damage and other insurable risks only upon the express request of the customer and at the customer's expense. The customer is obliged to insure the return of goods, where this Agreement provides for such, with a value of more than EUR 150 for theft, transport damage and other insurable risks at the customer's own expense. The customer shall accept delivered items without prejudice to the customer's rights, even if they have defects.
Defect complaints must be reported to Seller within 14 days of receipt of goods. Defect complaints do not entitle Buyer to retention of payments owed.
The existence of a defect which is subject to warranty must always be proven by the customer.
7. Liability
Seller excludes its liability from damages caused by minor negligence, as long as such damages do not relate to injury to life, limb or health or warranties, or claims which are affected by the German Product Liability Act. Liability remains unaffected for violation of contractual obligations whose performance facilitates the orderly execution of this contract in the first place, and on whose compliance the Buyer may regularly rely. The same applies to any breach of duty by its vicarious agents. The burden of proof as to the existence of wilful acts or omissions or gross negligence shall lie with the customer.
8. Data protection
Seller gathers customer data only as part of its execution of contracts. In this respect, Seller observes statutory regulations - specifically the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG). Customer data are only gathered, processed or used if such data are required for the execution of the contractual relationship.
More detailed information is contained in the Data Protection Declaration.
9. Closing provisions
Place of performance for delivery and payment is the business domicile of Seller. For all legal relationships between Seller and Buyer, the laws of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If Buyer is merchant as contemplated by commercial law, a legal person subject to public law, or a special fund under public law, then Seller's domicile is the agreed legal venue.
If one of the terms or conditions in these General Business Terms and Conditions is or becomes invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions. The invalid term shall automatically be replaced by a term coming as close as possible to it in terms of commercial outcome. The same shall apply to any gaps in the contract.
The German language version of these GTCs shall be deemed the binding version. Other language versions are non-binding and provided for convenience only.
General terms and conditions
Dr. Eugen Beck GmbH & Co. KG
Flairpark
59302 Oelde
(Seller)
As of: 01.01.2020
1. Applicability of the general business terms and conditions
Seller provides deliveries, services and offers through orders via this online shop exclusively on the basis of these general business terms and conditions (hereinafter also “GTCs”). These GTCs may be accessed at any time at www.flair.de, printed out using your internet browser or stored on your computer.
Seller does not acknowledge contrary or deviating GTCs and hereby expressly rejects these. Seller offers are directed exclusively to businesses and commercial resellers, and not to consumers.
Regarding Seller´s internal glazing lab and service the seperate general business terms and conditions for the glazing service shall apply.
Sales by the customer on the Internet may only be made after a separate agreement to that effect has been concluded.
2. Entering into contract
All offers of goods presented on the internet by Seller are subject to change without notice and unbinding – including with regard to price quotations. Seller shall not be held liable for potential errors, misprints, technical, color-related and pricing changes, despite its most diligent efforts to avoid these.
Upon ordering goods, Buyer declares its intent to acquire the ordered goods on a binding basis. Prior to shipment of the order, the data may be reviewed at any time and changed or deleted. However, the order will only be placed and transmitted if Buyer accepts these contractual terms and conditions beforehand by clicking the "Accept GTCs" button, and thereby incorporates them into the order.
After the order is placed, Seller sends an automated order confirmation receipt via e-mail which can be printed out and in which the order is once again listed . The automated order confirmation receipt documents the receipt of the order by Seller.
This contract takes full force and effect not until transmission of a shipment confirmation and/or shipment of the goods.
The internet shop is available in German, English and French. After order placement, the contract text may no longer be reviewed; the shipment confirmation, however, contains all details of this contract.
3. Pricing and payment
Seller’s pricing is accepted to be the cost from its Oelde / Passau-based factory, excluding VAT. Buyer will be invoiced at the prices in effect on the date of order, plus packaging and shipping costs, which are added to the cost of sale. Price lists serve only as non-binding information.
Invoices are due and payable with 2% discount if paid within 14 days of invoice date, or due and payable without deduction within 30 days of invoice date. In the event of default, our claims for remuneration shall bear interest at 5% over the base interest rate. Our claims for compensation for further losses shall remain unaffected thereby.
Seller is entitled at any time after acceptance of the order to refuse to render the agreed service or delivery or to premise it on the furnishing of a security deposit or advance payment if the customer is in default of payment or if Seller becomes aware of facts relating to the financial circumstances of the customer as a result of which, in Seller's free discretion, satisfaction of Seller's claims does not appear to be secured or no longer appears to be sufficiently secured.
The customer undertakes to reimburse the Seller for all dunning and collection expenses actually incurred and necessary for the appropriate prosecution of its legal rights, in particular the costs of any collection agencies engaged and attorneys' fees.
The customer may only offset claims arising out of this contract against claims that have been expressly acknowledged in writing or have been adjudicated by a res judicata court judgment. The customer is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or other complaints.
4. Reservation of proprietary rights
The goods remain the property of Seller until payment in full of the respective account balance. Seller is entitled to repossess the purchase object if Buyer conducts itself in contravention to this contract.
Buyer is obligated to handle the purchase object with all due diligence and care until ownership has been transferred to it in full.
In the event the goods are hypothecated by third parties, Buyer is committed to notify such parties of this reservation of proprietary rights and notify Seller of this circumstance immediately. Legal venue is Oelde, Germany.
If Seller sends display cases, stands or other objects with which goods may be presented, the customer may only use these for the purposes intended by Seller. Seller shall retain ownership and all IP rights to such items. The customer must immediately return them to Seller upon request, insured and free-of-charge. Unless otherwise agreed in writing, such items shall remain the property of Seller even if the customer bears the costs thereof.
5. Delivery and shipment
Buyer accepts all risk and expense of shipment.
6. Warranty and defects
The warranty period is 2 years from the date of delivery of the goods.
Seller shall have no obligation to insure goods against transport damage. Seller will insure the goods against theft, transport damage and other insurable risks only upon the express request of the customer and at the customer's expense. The customer is obliged to insure the return of goods, where this Agreement provides for such, with a value of more than EUR 150 for theft, transport damage and other insurable risks at the customer's own expense. The customer shall accept delivered items without prejudice to the customer's rights, even if they have defects.
Defect complaints must be reported to Seller within 14 days of receipt of goods. Defect complaints do not entitle Buyer to retention of payments owed.
The existence of a defect which is subject to warranty must always be proven by the customer.
7. Liability
Seller excludes its liability from damages caused by minor negligence, as long as such damages do not relate to injury to life, limb or health or warranties, or claims which are affected by the German Product Liability Act. Liability remains unaffected for violation of contractual obligations whose performance facilitates the orderly execution of this contract in the first place, and on whose compliance the Buyer may regularly rely. The same applies to any breach of duty by its vicarious agents. The burden of proof as to the existence of wilful acts or omissions or gross negligence shall lie with the customer.
8. Data protection
Seller gathers customer data only as part of its execution of contracts. In this respect, Seller observes statutory regulations - specifically the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG). Customer data are only gathered, processed or used if such data are required for the execution of the contractual relationship.
More detailed information is contained in the Data Protection Declaration.
9. Closing provisions
Place of performance for delivery and payment is the business domicile of Seller. For all legal relationships between Seller and Buyer, the laws of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If Buyer is merchant as contemplated by commercial law, a legal person subject to public law, or a special fund under public law, then Seller's domicile is the agreed legal venue.
If one of the terms or conditions in these General Business Terms and Conditions is or becomes invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions. The invalid term shall automatically be replaced by a term coming as close as possible to it in terms of commercial outcome. The same shall apply to any gaps in the contract.
The German language version of these GTCs shall be deemed the binding version. Other language versions are non-binding and provided for convenience only.
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