General Terms and Conditions of Business
General Terms and Conditions of Business
of pervormance international GmbH. Mühlsteige 13. 89075 Ulm
1. Scope of application
a. Our deliveries, performances and tenders shall ensue exclusively on the basis of these Terms and Conditions of Business.
b. Deviating Terms and Conditions of Business shall not be acknowledged.
2. Conclusion of contract
a. Tenders included in brochures, advertisements, etc. shall be subject to change and non-binding, even as regards the quoted prices. We shall abide by specifically developed tenders for 30 calendar days.
b. In order to be legally effective orders shall require our confirmation, which shall ensue either in writing, via e-mail or by delivery. The e-mail acknowledging the receipt of the order as confirmation of said order as it is automatically generated.
c. All agreements differing from the tender, which are reached between the Customer and our company for the purpose of executing this contract, shall be laid down in writing.
3. The Purchaser’s right to withdraw and the Supplier’s miscellaneous liabilities
a. The Purchaser may withdraw from the contract should the Supplier be unable to fulfil his obligations under this contract prior to transferring the risk. The Purchaser may also withdraw from the contract should, in the event of an order of homogeneous items, the execution of part of the delivery become impossible as regards the required number and the Purchaser has a valid justification for rejecting a partial delivery. Should this not be the case, the Purchaser may correspondingly reduce the return service. The same shall apply in the event of the Supplier’s inability.
b. Should a delay in accordance with Section 5 of these General Terms and Conditions of Business exist and should the Purchaser grant the defaulting Supplier a reasonable period of grace with the explicit declaration that he will reject the acceptance of performance once this period of time has elapsed, and should the period of grace not be kept, the Purchaser shall be entitled to withdraw.
c. Should the impossibility or inability occur during the delay in acceptance, or should the Purchaser be responsible for these circumstances, whether solely or predominantly, the latter shall be obligated to render the return service.
4. Revocation Right for Consumers & Revocation Form
Consumers have a right of revocation as stated below whereas consumer is defined as any natural person who concludes a legal transaction which mainly cannot be attributed to either his commercial or independent professional activities.
4.1 Instructions for Revocation
You have the right to revoke this contract within a period of 14 days without specifying any reasons.
The revocation period begins 14 days from the day when you or a third party nominated by you, who is not the carrier, has last taken possession of the goods.
To exercise your revocation right, you must inform us (pervormance international GmbH, Mühlsteige 13, 89075 Ulm, Germany, Tel.: ++49 731-140710, Fax: ++49 731-1407114, E-Mail: firstname.lastname@example.org) on your decision to revoke this contract by means of a clear declaration (such as a letter sent by post, fax or email). You may use the sample revocation form attached, which however is not mandatory.
To observe the revocation period it is sufficient to notify us on your decision to exercise the revocation right before the revocation period expires.
Consequences of Revocation
If you revoke this contract, we shall repay all payments we received from you, including delivery costs (except for additional costs which you caused by selecting a different form of delivery than the most economic standard delivery offered by us) without delay and no later than fourteen days from the day on which we received your notification of revocation. For repayment we will use the same method of payment which you had used for your original transaction unless expressly agreed otherwise. In no case we will charge you fees owing to this repayment. We can refuse repayment until the goods are returned to us or until you have furnished evidence that you have sent the goods back to us, depending on whichever is earlier.
You must return or hand over the goods to us immediately and at the latest within fourteen days from the day you informed us on your revocation of this contract. This deadline is deemed to have been met if you send the goods before expiry of the fourteen days deadline.
You undertake to bear the costs of returning the goods.
You will only be held responsible for any loss of value of the goods if this loss of value can be attributed to any handling by you not required for inspecting the quality, condition and functionality of the goods.
1. Please avoid any damages to the goods. Goods already activated or dirty will not be accepted if returned. If possible, please return the goods in their original packaging together with all accessories and all items of packaging. If required, please protect them by additional packaging. If you are not able to return the goods in their original packaging, you must use appropriate packaging material to protect the goods from transportation damages (including humidity).
2. Please observe that compliance with aforementioned Section 1 is no prerequisite for the revocation right to become efficient.
Exclusion of the Right of Revocation
The right of revocation does not apply for contracts for the delivery of goods which are manufactured according to the specifications of the consumer or which are clearly tailored to the personal requirements of the consumer or which are, due to their properties, not suitable for return.
4.2 Revocation Form
If you wish to revoke the contract, please fill in this form and send it back to us.
pervormance international GmbH
Mühlsteige 13 . 89075 Ulm, Germany
Fax: ++49 731-1407114 . E-Mail: email@example.com
I/we (*) herewith revoke the contract concluded by me/us (*) regarding the acquisition of the following goods:
Date of order ____________ / Date of reception __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
The cost of return shall be borne by the consumer.
(*) Delete if not applicable
5. Prices, changes in price
The prices are exclusive of the respectively applicable value added tax. We shall charge a shipping and handling cost of EUR 7.95 for every order up to 5 kg within Germany, for shipments up to 10 kg we charge a flat rate shipping costs of 9.75 euros and for shipments over 10 kg we charge a flat rate shipping costs of 16, 95 EUR.
6. Delivery period
a. The delivery period shall be communicated with the confirmation of order. No liability may be assumed for the delivery period. Partial deliveries may be made. Should the delivery be delayed, we shall inform the Customer thereof. In the event of prepayment, the commodity shall not be shipped until payment has been received.
b. The delivery period shall begin with the dispatch of the confirmation of order, but not before the documents, approvals and releases to be procured by the Purchaser have been provided and an agreed deposit has been received. The delivery period shall have been kept when either the delivery item has left the factory prior to its expiration or the readiness for shipment has been communicated.
c. The delivery period shall be reasonably extended in the event of measures within the scope of industrial disputes, particularly strike and lockout, as well as in the event of the occurrence of unforeseeable obstacles, which are outside the Supplier’s influence, inasmuch as such obstacles have an influence on the completion or delivery of the delivery item. This shall also apply when the circumstances occur on Subcontractors’ premises. The previously mentioned circumstances shall not be the Supplier’s responsibility, even if they occur during an already existing delay. In critical cases, the Supplier shall inform the Purchaser of the beginning and end of such obstacles as soon as possible.
d. Should the Supplier be required to pay compensation, the claim to compensation to which the Purchaser is entitled – inasmuch as the contract relates to one of the Purchaser’s commercial activities – shall be limited to the foreseeable damage at the time of concluding the contract, and in fact to ½% for every full week of the delay, but overall to a maximum of 5% of the value of that part of the total delivery, which cannot be used punctually or contractually as a result of the delay or non-delivery.
e. Should shipment ensue later than agreed at the Purchaser’s request, the costs of storage shall be invoiced – beginning one month after the notification of readiness for shipment. In the event of storage in the Supplier’s factory, however, a minimum of 0,5% of the invoice amount for each month commenced. However, after the setting and unproductive conclusion of a reasonable period of time, the Supplier shall be entitled, after notifying the Purchaser, to otherwise dispose of the delivery item and resupply the Purchaser within an appropriately extended period of time.
f. A prerequisite of compliance with the delivery period shall be the fulfilment of the Purchaser’s contractual obligations.
7. Dispatch and transfer of risk
The risk shall transfer to the Customer as soon as the consignment has been transferred to the person performing the transport. This shall not apply, however, when the Customer is a consumer.
a. Should the delivery item be defective or should warranted characteristics be missing from it, or should it become defective within the warranty period due to production or material shortages, at the Customer’s choice, we shall deliver a replacement or perform a repair, with all other warranty claims being excluded. We shall reserve the right to either perform the repair work ourselves or to commit the sold commodity to the manufacturer or importer for repair. A liability on our part with regard to any repair work incorrectly performed by the manufacturer or importer shall be excluded. Repeated repairs shall be admissible.
b. The warranty period shall be 24 months for private end customers and 12 months for commercial customers. It shall begin on the date of delivery. This shall not affect any extended manufacturer’s guarantee.
c. Obvious defects shall be reported to us in writing no later than within two weeks of the delivery. During shipment the commodity shall be immediately inspected by the Customer and, in the event of complaints, both the commodity and the packaging shall be kept ready for the freight carrier to inspect. The defective delivery items shall be kept ready for our inspection in the same state in which they were on the date the defect was established or, in the event of shipment, shall be returned to us in the original packaging.
d. Should the repair or replacement delivery fail after a reasonable period of time, the Customer may choose to request a reduction in the purchase price, rescission of the contract or damages.
9. Limitation of liability
Claims for compensation arising from the infringement of contractual obligations, which are not associated with the warranty right of consumers, as well as claims for compensation arising from tortious act, are excluded against both ourselves and our vicarious agents, unless the damage was caused intentionally or by gross negligence.
10. Retention of ownership
a. Until such time as all claims, to which we are entitled against the Customer on every legal ground, either now or in the future, have been satisfied, we shall retain the ownership of the delivered (- goods conditional commodity).
b. In the event of contractually infringing behaviour on the Customer’s part - particularly in the event of default of payment - we shall be entitled to take back the conditional commodity. Our taking back or pledging of the conditional commodity should always be regarded as withdrawal from the contract pursuant to § 503 paragraph 2 of the BGB (German Civil Code).
a. Our invoices shall fall due for immediate payment, without deduction, once the invoice has been issued; a cash discount shall be excluded.
b. Deliveries shall ensue against prepayment or via credit card settlement only.
c. In the event of electronic payment procedures (credit card, direct debit), the debit shall be made immediately after the commodity has been ordered.
12. Place of fulfilment, place of jurisdiction, applicable law
Place of fulfilment and place of jurisdiction for all claims arising from the Terms and Conditions of Business, particularly from the deliveries, is Ulm – even if sales or deliveries have been made by a subsidiary. This place of jurisdiction shall also apply to disputes concerning the materialisation and validity of the contractual relationship. The Supplier may also bring charges at the competent court for the Purchaser’s domicile. The law of the Republic of Germany shall apply.
13. Data protection
We will use Customer data exclusively for the processing of orders or for rendering our other performances and services. All Customer data will be stored and processed by us, taking into account the relevant provisions of the Bundesdatenschutzgesetz (BDSG; German Data Protection Act) and the Teledienstdatenschutzgesetz (TDDSG; Tele Services Data Protection Act). The Customer expressly consents to this data capture and our processing and use thereof when submitting the order. We guarantee that more extensive data will only be stored anonymously or with the Customer’s explicit consent. Personal data will also be transferred encoded via SSL. Every Customer shall have the right to be notified of the scope, content and purpose of the data stored on it. It may at any time request the relevant data to be corrected, blocked or, if applicable, deleted.
Should any individual provisions of our Terms and Conditions of Business be void or otherwise invalid, this shall not affect the validity of the remaining terms and conditions.