General Terms & Conditions - Kopka e.K.

  1. General

Our deliveries are based on the following conditions.

Deviating conditions apply only if we have accepted these in writing.

 

  1. Offers

Our offers are always subject to change.

 

  1. Order confirmation

Orders and agreements become binding only upon our written confirmation.

 

  1. Delivery time

As a rule, we promptly deliver after receiving the order or at the agreed delivery date. A delivery is deemed to be a prompt delivery if it is to be delivered by us within three working days after receiving the order. Should items not be available promptly or on the agreed date, we will deliver them as soon as possible or cancel them with the consent of the customer.

Agreed delivery times are adhered to as far as possible. After expiry of the delivery period, a subsequent delivery period of a maximum of 18 days shall be deemed permissible without explanation. Claims for damages due to non-adherence to delivery dates are excluded.

All disturbances due to force majeure, industrial action, lack of raw and auxiliary materials or other disturbances arising in our company or in the supplier companies entitle us to either postpone the delivery until normal conditions reapply or we withdraw from the contract, without the buyer being able to assert any claims against us.

 

  1. Delivery / Packaging

All deliveries are made ex warehouse Brühl. The shipping is done at the expense and risk of the buyer. Packaging materials are charged to the customer at a cost.

 

  1. Payment

Our invoices are fully payable immediately before delivery. Deviating agreements require the written form. Payments are always used to settle the oldest due debts plus the default interest accrued thereon. Decisive for the day of the payment is the post office stamp. For bank transfers, we use the day before the credit is on our account as the check-in day.

 

  1. Order minimum

The order minimum is 150, – € value of goods per delivery.

 

  1. Late payments

If the term of payment is exceeded, default interest of 3% will be charged via Bundesbank discount. A reminder is not required. Before full payment of due invoice amounts including default interest, the seller is not obliged to any further delivery from current contracts. At the latest after an unsuccessful 2nd reminder, we reserve the right to entrust a collection agency with the performance of our claims and to charge for the costs incurred. Even after all liabilities have been settled, further deliveries will only be made against advance payment.

 

  1. Complaints

Returns without prior authorization by the seller will not be accepted: Complaints must be made in writing within 10 days of receipt of the goods, otherwise the goods are considered approved. In the case of hidden defects, the same applies to recognisability of the defect, within the statutory warranty period of 6 months from delivery.

Customary variations in quality, colour, size, weight, finish or design are not considered reasons for complaint. In the case of justified complaint, the seller has the right to rectification or delivery of defect-free replacement goods within 10 days after receipt of the goods. If no replacement goods are available, the goods value will be credited. Other claims or compensation for direct or indirect damage are excluded.

 

  1. Exchange

We exclude an exchange of goods due to failure or bad saleability. We generally do not deliver any sample offers.

 

  1. Reservation of property

The delivered goods remain our property until the complete payment of our total claim has been made. This reservation remains in effect even when the goods are processed and then proportionally extends to the product resulting from the processing. In the event of the sale of these products to third parties, the buyer assigns in advance its ownership of these products to us according to the value of our claims. The buyer is prohibited from any pledging or collateral assignment of goods that are wholly or partly under our extended retention of title.

 

  1. Place of fulfillment

The place of performance for the delivery is the registered office of the seller, the place of performance for the payment is Brühl.

 

  1. Jurisdiction

50321 Brühl, Germany