Terms and Conditions of Payment and Delivery
1. General information
The following terms of payment and delivery shall apply exclusively as agreed. Deviating conditions of the buyer shall not be accepted, even if these are not contradicted and the order is fulfilled – unless we explicitly confirm these terms in writing in a separate statement. Our order confirmation shall be considered as a new offer. If this is not contradicted immediately, our Terms and Conditions of Payment and Delivery are considered as fully accepted. In the case of an ongoing business relationship, our conditions are also applicable, even if we do not refer to them explicitly in later transactions.
The place of fulfilment for deliveries is our company headquarters. When the goods are transferred to the German Federal Post Office or parcel service, to the forwarder or carrier, but at the latest when they leave the company premises, the risk of conveyance is transferred to the buyer. The packaging and postage costs shall be invoiced to the buyer at the cost price.
3. Delivery dates
In general, no specific delivery dates are arranged. Stated delivery times are only for orientation purposes.
If the seller cannot meet their delivery obligations due to interruptions of operations, labour shortage, strike, missing delivery to GFH, fire damage, armed conflicts, government orders, significant changes in currency rates or otherwise as a result of force majeure, she is released from her service obligation.
The buyer can only claim compensation for reasons of delayed delivery if we can be accused of wilful intent or gross negligence. Should we be obligated to pay compensation, the level of liability shall be limited to the net invoice value. No compensation is payable for lost profits.
4. Invoice and payment
The individually agreed terms of payment (overleaf) apply.
The buyer is in default of payment if the payments are not made within 30 days of the invoice date without further reminder.
At this point we are entitled to claim default interest of 2% above the respective discount rate of the Deutsche Bundesbank, to declare all deferred claims or claims not yet due as due and to suspend further deliveries.
The buyer can offset against our claims only with undisputed or legally determined counter claims. The right of retention, especially in case of complaints, is permitted only if we accept the buyer’s complaints or they are legally determined.
Any assignment of the buyer’s claims shall only be permitted with our written consent.
In the case of payment by cheque, the payment obligation is only fulfilled when the equivalent amount is credited to our account. In the case of payment by bill of exchange, the payment obligation is only fulfilled when the bill is honoured on the date of maturity.
Should we accept bills of exchange and acceptances, the discount charges, exchange charges, etc. fall to the buyer’s expense.
If the buyer’s financial situation deteriorates, we will only ship goods only on advance payment or on provision of security. Current bills of exchange and cheques will be due for immediate payment.
All measures and weights are only approximate estimates.
Upon delivery, the buyer must examine the delivered products immediately. The seller must be notified in writing of obvious deficiencies within two weeks of delivery.
If there are any justified complaints regarding the quantity or quality, the seller can make rectifications at her discretion or arrange a replacement delivery. If the rectifications fail, the buyer has the right to claim a rescission or reduction.
Invoiced goods that do not give any reason to raise objections can only be returned against credit after consultation with GFH and written consent. The letter of consent must be included with the return delivery. If not, the products will be returned with carriage forward to the buyer.
Should we be obligated to pay compensation, the level of liability is limited to the net invoice value.
In general, warranty claims become time-barred 6 months after the goods are accepted. If the care instructions are not followed, the warranty claim shall not be applicable.
The warranty claim is also not applicable if changes have been made to the product, especially if the hairpieces are modified by cutting, perming, colouring.
6. Retention of title
The products sold remain the property of the seller until all claims arising from the business relationship, including future claims, are settled.
In case of bills of exchange or cheques, only the encashment of them shall be considered as payment. In the case of delivery on current account, the retention of title shall serve as security for our balance claim.
The sale of products which are subject to retention of title is only allowed within the context of regular business operations. The buyer is not entitled to pledge or to arrange a security transfer of our delivered products.
The buyer shall now assign to us he claims to which they are entitled as a result of the sales transaction. The buyer is obligated upon request to inform us about the claims and hand over to us the documents which are necessary for the assertion of the claims.
The buyer must inform us immediately about the attachment or about any other impairment of our rights by third parties and hand over to us the existing documents concerning this matter.
On default of payment or delayed payment, we are entitled to withdraw from the agreement immediately. Exercising our right to retention of title or demanding the surrender of delivered goods shall not be considered as a withdrawal from the agreement.
7. Place of fulfilment and place of jurisdiction
The place of fulfilment and of jurisdiction for all delivery, service and payment claims, as well as claims under warranty, is Fürth. This also applies for any documents, exchange and cheques transactions.
8. Invalidity of individual regulations
The invalidity of individual regulations does not affect the validity of the contract and the remaining regulations.