General trading conditions
PHOENIX Budosport, Inh. Burkhard Bernöhle, Westkirchener STR. 90, D-59320 Ennigerloh
General trading conditions for retailers
1. Prices
Our offers and prices are not-binding, net plus the legal VAT., if in single offers nothing else is noted. With appearance of any new price list all previous price lists lose their validity.
2. Delivery time/supply
We deliver from existing stock as for as possible. With available items the dispatch takes place within the next 3 working-days after receipt the order, otherwise according to agreement. Given dates of delivery are based on the correct and punctual own supply by our suppliers. If this should not be the case or we have unexpected events or higher force can delay or an impossibility of the supply as a consequence, we become free from the delivery obligation and any requirements for compensation. The shipmend takes place for cost and risk of the orderer. With domestic package dispatch we charge overall EUR 5.50 plus. VAT. for each package, special expenditures for special packing, express supplies as well as cash on delivery and paying-in form fees are charged expenditure separately. We are striving to keep your forwarding expenses as low as possible. In case of bulky goods, like filled box bags and mat supplies, please inquire first forwarding expenses before ordering.
3. Payment
The payment of our invoices is principally required by cash on delivery or advance payment. Other payment agreements require the previous arrangement and written confirmation.
4. Retention of title
The commodity supplied remains up to the complete payment of all demands of the business relation between salesmen and orderer property of the seller. The orderer may only handle the goods supplied under retention of title in the regular course of business. He may not pawn or convey our goods as security. With further sale he surrenders the demand developing from it already now to us to the protection of our requirements. If the orderer conveys his entire camp for security to third, then he has to exclude our commodity by express explanation to the safety taker.
5. Technical progress and deviations
Concerning slight deviations regarding material condition, color, weight, dimensions and Design we must reserve changes in the sense of the technical progress, model care and they are no reason for complaint. If commodity not or no more with our supplier or is available, we must reserve ourselves to refrain from a supply.
6. Conversion/guarantee
In case of of unsatisfactorily supplied commodity we reserve ourselves to eliminate either the error by repair or make a replacement. With twice miss of the rework/replacement the orderer can require for choice decrease or transformation of the sales contract. The commodity is to be examined by the receiver immediately after delivery carefully. Faults are to be indicated within one week after discovery/supply, otherwise they are excluded from the guarantee. In each case our liability is limited to the fulfillment of interest, no liability for damages and losses.
Standard items are acres only exchanged if unused, not worn and sent back in intact original packaging. Postage is paid by the sender..
Individually produced or embroidered commodity as well as offers from special items and discharge models with special price on are excluded from conversion.
With orders for individual printing or embroidering with customer´s special motives, the client must clarify all legal aspects of copyright for his motives and alone takes the legal responsibility for the use of his motives.
7. Special productions
Orders for special productions must take place in writing. They can still be changed or cancelled within 24 hours. With special productions 20% of the net value must be paid in advance after placing of order. With cancellation of the sales contract we are entitled to compensate the performed pre-payments with our requirements for compensation as well as sell goods with registered trade mark of the orderer under the normal selling price.
8. Copying prohibition
Except in connection with an order at PHOENIX Budosport contents of the catalog and internet sites. May not be copied, reproduced, distributed, published, downloaded, illustrated, or distributed without previous written agreement of PHOENIX Budosport.
9. Data protection
To provide personal service, safe transport an error free completion of order, the storage of personal data is necessary. The customer consents recording all data needed for completion of orders, that PHOENIX Budosport can store and use all data provided in the line of an order for purposes of advertisements, market studies an far providing a market canform offers of PHOENIX product range.
Place of delivery and area of jurisdiction for both parts is the area of jurisdiction of the seller. Writing errors and mistakes are reserved.
Salvatori clause: If parts or individual formulations of this text correspond to should not, no more or not completely the valid legal situation then these components of the text are to be replaced by valid formulations, which come next to intended. The remaining parts of the document remain untouched in their contents and their validity by this.
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