General Terms and Conditions of Dilemmart Werbung GmbH (hereinafter referred to as “seller”)
General
The following terms and conditions apply for all business of Dilemmart Werbung GmbH, hereinafter referred to as the “seller”, unless otherwise specified in the offer or in the order confirmation. Deviating or supplementary terms and conditions of the customer as well as side agreements are only binding if confirmed by the seller in writing. The applicability of deviating conditions of the customer is expressly denied. The language available for contract conclusion is German.
Prices
All prices shown in the catalogue are without VAT and are not binding. The prices displayed in the webshop can be displayed according to the choice of the user including or excluding VAT. We reserve the right, in case of changes in the production costs, to charge the prices valid on the day of delivery.
Dozen and lot prices
are only calculated when ordering at least 1 dozen or 1 lot. Unit price = dozen price: 10 (unless otherwise stated).
Offers
are subject to change; interim sales are reserved. Delivery obligations are not accepted.
Catalogues, illustrations and promotional material
stay our property. Reproduction, even partial and in part, is prohibited! The materials must not be transferred to others without our consent. Older catalogue material loses its validity after every new edition. Illustrations, design and price information are not binding, because, for example, practical experience, improvements in manufacturing etc. can cause deviations and changes. Illustrations and texts may also contain accessories and optional equipment that are not part of the standard scope of delivery.
Delivery times
are not binding. When deadlines are exceeded, we cannot be held responsible for damages. We work according to the FiFo method and process orders in the order of order receipt. As a rule, orders leave our facilities within 1-3 working days after the order has been placed. Additional orders that are to be included in the initial order can considerably increase the processing time. Due to our comprehensive warehousing, we can deliver over 90% of the items we offer from stock. Out-of-stock items will be procured as quickly as possible and, if possible, shipped together with the main delivery, which may lead to delivery delays. If an article can not be procured at short notice, then you will receive a corresponding notification stating the estimated delivery time. Stock availability is not displayed automatically in the webshop, but is processed and booked in the order processing in our system.
Special productions and extra purchases
require special prices and cannot be exchanged or withdrawn.
Selections and consignment on approval
are to be settled within 10 days. Returns must be insured and made free of charge for us.
Complaints and conversion claims
can only be made within 7 days after receipt of the shipment. Loss and damage during transport will only be recognised if the carrier provides the necessary insurance certificates. Offsetting against claims for damages is only permitted if the claims have been acknowledged by the seller or have been legally established.
Right of withdrawal
exists for the customer within the scope of the legal provisions and exists only if the articles in question are not already in use or in transport. Before returning, our dispatch planning should be obtained.
Claims of the customer in case of defects
Claims for defects for new parts expire within 2 years; for used parts after 1 year. If the purchase is a commercial transaction for both parties, the customer has to inspect the purchase immediately after receipt, as far as this is feasible in the ordinary course of business, and if a defect shows up, to notify the seller immediately in writing and to specify the defect. If the customer fails to do so, the goods shall be deemed to have been approved unless it is a defect that was not detectable during the inspection. §§ 377 ff. HGB also apply. Claims are limited to defect-free delivery or rectification of the defect (supplementary performance) at the discretion of the seller. In case of failure of the supplementary performance, the customer has the right to reduce the price or to withdraw from the contract at its discretion. Further claims of the customer, in particular due to consequential damages, are excluded. This does not apply to intent, gross negligence or breach of essential contractual obligations of the seller as well as in case of injury to life, limb or health. The right of the customer to withdraw from the contract remains unaffected.
Payment terms
a) For customers who are already recognised as creditworthy: 30 days from date of invoice, net, without any deduction. 2% discount for payment within 10 days, excluding net invoices.
b) Invoices with a net value below 2000 EUR are due immediately and without deductions..
Payment information
Stadtsparkasse Düsseldorf
BIC (SWIFT): DUSSDEDDXXX
IBAN: DE53 3005 0110 1008 0672 98
Electronic invoice
You hereby consent to the delivery of digital invoices by e-mail. Electronic invoice dispatch takes place at the same time as the delivery of the goods.
Other agreements
are specified in our offers, order confirmations and in the respective invoices.
Foreign orders
require special conditions.
Cancellation policy for private customers
You have the right to withdraw from this contract within seven days without giving any reason. The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us (Dilemmart Werbung GmbH, Am Wildpark 35, 40629, Tel.: +49 211 875 14 384, E-mail: ) and inform us by means of a clear declaration about your decision to withdraw from this contract (e.g. by mail, fax or e-mail). You can use our withdrawal form template on our homepage, which is not mandatory. In order to meet the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If you withdraw from this contract, we must return all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged repayment fees for this. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than seven days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days in total. You must bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to handling that is not necessary for the inspection of the nature, characteristics and functioning of the goods.
Special notes
No right of withdrawal exists with:
Delivery of goods that have been manufactured according to your customer specifications
Place of performance and jurisdiction
The place of performance and exclusive place of jurisdiction for deliveries and payments (including checks and bill of exchange claims) as well as all disputes arising between the parties is our legal seat, as far as the customer is a registered trader or legal entity under public law.
Legal effectiveness & data protection
Should one or more provisions of these general terms and conditions be or become invalid, this does not invalidate the entire contract. The invalid provision shall be replaced by the pertinent legal provision. This contract is subject exclusively to German law excluding the CISG (UN sales law). Any changes or additions to the contract must be made in writing in order to be valid.
The seller is entitled to process and store the data received in connection with the business relationship within the meaning of the Federal Data Protection Act / EU General Data Protection Regulation and to use this data for its own purposes. You can browse the Privacy Policy here.