Terms of business, delivery and payment
Manufacture, sale, payment and delivery will be administered by the following terms and conditions only.
Preliminary note: Each of ornament made by us is a unique design which is created according to our own templates, drafts or/and patterns.
1. Award of contract: At the request of the client we will draft a design including an estimate of costs and construction time. If a draft is made pursuant to the request of a client and accepted by the client it shall be deemed to be irrevocable.
2. Terms of payment: Cash payment at pickup or prepayment. (Visa/Mastercard, Paypal)
Until all claims (including balance claims also) between the agent and the contractor are settled, the contractor - for whatever legal reason - is entitled to retain the ownership of the goods. The entire sales price plus sales tax is payable immediately. The prices are net prices. The sales tax is itemized separately.
3. Terms of delivery: The contractor shall ensure that the orders will be completed within the agreed period of time. Since they are individual artistic works, the client accepts appropriate completion delays. Appropriate delays are not grounds for the client to rescind the order. For delivery delays, the contractor is not responsible for force majeure and the client may not claim damages resulting from such. The identification and specification of the materials and other supply goods shall be the technical status at the time of their validity. Design changes or changes design and quality of contractors must be reserved in principle, provided that such changes are not fundamental in nature and the purpose of the contract would not be significantly restricted or defeated. In particular, the contractor may notify the customer of each product improvement. For works out of the office, these separate services and related expenses will be billed accordingly. If made by the contractor on premises, the contractor is liable for the proper execution of the work. If installation and removal work as well as necessary technical assistance work is done by third parties, the third party shall be liable for the proper training and implementation. In this case the contractor’s liability is excluded. As soon as the client takes possession of the ordered item or as soon as the ordered item is given to a party to transport the ordered, or as soon as the item has left the contractor’s office for shipping, all risk transfers to the client. At the request of the client, the contractor will cover deliveries and supplies in the name and an behalf of the client and will bill the client for such service.
Complaints, notice of defects, warranties: The contractor assumes a 12 month warranty from the invoice date for defects established to be due to the production process or defects in materials. When reasonable objection is made, the defective material will be exchanged. Further claims are excluded. Also excluded are claims due to improper treatment (including in transport and storage) caused by the client. Any material damage must be asserted written to the contracting agent promptly and not later than eight days after receipt of the finished work. No guaranteed are made for the glass sort Altdeutsch-K. Damages for non-compliance can be asserted by the client if the contractor or his agent caused the damage intentionally or trough gross negligence. Further liability under Section 287 of the German Civil Code is excluded.
4. Place of jurisdiction: The place of jurisdiction is the contractor’s home office - if allowed. Ancillary agreements, amendments and additions to the contract or those conditions are valid only if made in writing and is maintained, and if both parties have confirmed in writing.
Moreover, the standart statutory business terms and conditions apply.