General Terms and Conditions (GTC) of DQ-PP Sp. z o. o
1. Area of Application
All deliveries, services and offers of DQ-PP Sp. z o.o. are made exclusively subject to the following General Terms and Conditions. Terms of the customer that oppose or deviate from the General Terms and Conditions are not accepted by the company, unless the company expressly agreed in writing to their applicability. Objection is made to the applicability of deviating and supplementing terms and conditions of the customer, even if DQ-PP Sp. z o.o. does not expressly object to them. By placing the order or accepting the delivery, the customer acknowledges the present General Terms and Conditions. Should individual provisions of these General Terms and Conditions be ineffective or should they contain a gap, this does not affect the remaining provisions. The invalid provision is replaced by the general statutory regulations. Deviating agreements require the written form.
2. Conclusion of Contract
The offers of the company are not binding and subject to confirmation. The order of the customer merely constitutes an offer to conclude a purchase contract. A contract only comes about upon written order confirmation by the company and is exclusively subject to the contents of the order confirmation and these General Terms and Conditions. Oral agreements or commitments require a written confirmation in order to be effective. Even without written order confirmation, the contract comes about at the latest upon dispatch of the goods. DQ-PP Sp. z o.o. at all times endeavours to describe the products offered as precisely and detailed as possible. However, the company does not accept any warranty for the descriptions of and information on the goods offered. Furthermore, the company reserves all rights in the documents used by it, such as illustrations, drawings, declarations of weights and measures. A use by third parties is prohibited.
3. Prices and Payment Terms.
a. In principle, the prices listed by us include value-added tax at the current rate of 19%. According to Sec. 27a of the German Turnover Tax Act (UstG), companies can purchase tax-exempt goods within the territory of the EU. Companies with a valid VAT registration number pay a net price when evidencing this number. The company will check the validity of the VAT registration number in the database of the European Union before dispatching the goods at the net price.
b. Possible costs of delivery, dispatch, transport and packing are not included in the prices and can be found in our current delivery and dispatch price lists.
c. When new prices are being published, all previous prices are no longer valid. Our website prices are in principle those prices listed in the shopping basket of our website at the time of the order; errors excepted. Deviating prices that are perhaps displayed on sites that are loaded from buffer memory (browser cache, proxies) are not current and are invalid.
d. The customer bears the public charges possibly accruing in connection with the import of the delivery item, such as custom duties.
e. Objections concerning the type and amount of the invoices are to be notified in writing by the customer to the company within 7 days from receipt of the invoice. After expiry of this time limit, the invoice of the company is deemed to have been fully approved by the purchaser.
f. The invoices of the company are due for payment upon taking delivery of the goods. Insofar as nothing to the contrary is agreed in writing between the contracting parties, the payment to the company has to be effected without any deductions within 10 days from the payment being due. After fruitless expiry of this time limit, the purchaser is in default. If the customer is in default with payment, the company is entitled to demand default interest up to the statutory amount. The assertion of an additional damage caused by the default remains unaffected. If the company discerns after conclusion of the contract that there is a risk that the customer lacks the ability to perform, the company is entitled to only carry out deliveries still outstanding against advance payment or provision of security. If the advance payments or securities have not been rendered even after expiry of a reasonable period of grace, the company can rescind individual or all contracts concerned in whole or in part. The company is free to assert further rights.
Invoice with 19% value-added tax.
4. Delivery, Passing of Risk, Insurance
The company cooperates with Iloxx AG and dispatches its goods with GLS and DHL. All shipments are insured against loss. The costs of insurance are included in the prices listed. The expected delivery times depend on availability and product, are not binding and do not constitute assurance of a certain delivery date. The company is not responsible for the duration of the transport. All shipments are insured against loss. The customer receives a confirmation of the goods issue when the goods are handed over to the carrier.
Upon handing over of the goods to the carrier, freight forwarder or another person designated to carry out the shipment, the risks of accidental perishing and/or accidental deterioration pass to the customer. If the purchaser is a consumer, the risks of accidental perishing and/or accidental deterioration of the goods sold only pass to the purchaser upon handing over of the goods, even in case of a sale by dispatch. If the customer is in default with the acceptance, then this is equivalent to the handing over. Partial deliveries and partial performance reasonable for the purchaser are admissible. Missing goods will of course be delivered subsequently free of shipping costs. That person who accepts the shipment has to notify without delay both obvious as well as possibly determined transport damage to the carrier or freight forwarder and subsequently inform the company in order to be able to assert claims later.
5. Cancellation Policy
The consumer can cancel the contractual declaration within 14 days without stating any reasons in text form (e.g. letter, telefax, e-mail) or if the goods were left to him prior to the expiry of the time limit by returning the goods to DQ-PP Sp. z o. o. within the cancellation period. The time limit begins to run upon receipt of the cancellation instruction in text form, however not before the goods have been received by the recipient (in case of a recurring delivery of similar goods not before the first partial delivery has been received) or we have fulfilled our information duties. In order to keep the time limit, the timely forwarding of the declaration of cancellation or dispatch of the goods is sufficient. The cancellation right expires at the latest six months after conclusion of the contract.
The cancellation is to be addressed to:
DQ-PP Sp. z o. o. Managing director:
Branch Mr. Zbigniew Komisarcyk
Tel: 0044 (0)2036 084780
Consequences of a Cancellation
In the event of an effective cancellation, the goods and services and payments received by both sides are to be returned and possible benefits (e.g. interest) are to be surrendered. If the goods or service or payment received cannot be returned in whole or in part or only in a deteriorated condition, the purchaser possibly has to make a compensation insofar. However, this is not applicable if the deterioration of the goods is merely due to their examination - as it would have been possible e.g. in a retail shop. Moreover, the purchaser can avoid the compensation duty for a deterioration caused by the intended use of the goods by not using the goods as his property and by refraining from doing anything which could impair their value. Goods that can be shipped as parcels are to be returned to DQ-PP Sp. z o. o. at its risk. The costs of the return are to be borne by the purchaser insofar as the delivered goods correspond to the goods ordered. Goods that cannot be shipped as parcels will be collected at the customer. Obligations to refund payments have to be fulfilled within 30 days. The time limit for the customer begins upon forwarding of the declaration of cancellation or dispatch of the goods, for DQ-PP Sp. z o. o. upon its/their receipt. The above does not apply to goods which are manufactured according to the customer's specifications or are clearly tailored to personal requirements or are not suitable for a return due to their quality.
6. Claims Based on Defects and Warranty.
The company warrants that the goods sold are free from defects in material and manufacturing defects and have the contractually assured qualities at the time of the passing of risk. The statutory warranty period of two years from date of invoice is applicable. The warranty does not cover the usual wear and tear and/or normal depreciation. Claims for damages of the customer, e.g. for non-performance, culpa in contrahendo, infringement of secondary contractual obligations, consequential damages caused by defects, damages due to tortious acts and other legal reasons, are excluded. Except from this, the company is liable in case of lack of an assured quality, in case of intent or gross negligence. This does not affect claims under the Product Liability Act. Should defects occur for which the company is responsible, and if in case of an exchange of the goods the replacement delivery is also defective, the purchaser is entitled to the right of rescission or reduction. Small deviations of our products with regard to shape and colour, in particular in case of subsequent deliveries, and technical changes in the sense of further developments are not considered to be defects.
7. Retention of Title.
The products delivered by the company remain the company's property until full payment of all the company's amounts receivable from the business relation with the customer. In case of a current account, the retention of title serves to secure the current account balance claims due to the company. The customer is only allowed to resell the company's products that are subject to the retention of title within the framework of the ordinary course of business. The customer is in particular not entitled to pledge these products that are subject to the retention of title, to pledge them as security or to make any other dispositions endangering the ownership of the company. If products that are subject to the retention of title are combined with other objects, the company acquires joint ownership in the new object in the proportion of the value of the products that are subject to the retention of title to the value of the other objects at the point of time of the combination. The customer is in particular obliged to handle with care the products that are subject to the retention of title. Should the customer default on fundamental obligations, such as payment, vis-à-vis the company and should the company rescind the contract, the company may demand - without prejudice to other rights - surrender of the products that are subject to the retention of title and may exploit them otherwise in order to satisfy amounts receivable due from the customer. In this event, the customer without delay has to grant the company or the designee of the company access to the products that are subject to the retention of title and has to surrender these.
8. Data Protection.
The company will use your master data only for processing your order. All customer data will be stored and processed observing the relevant regulations of the Federal Data Protection Act (BDSG) and of the Teleservices Data Protection Act (TDDSG). The customer at any time has a right for free information, correction, blocking and deletion of the stored data. For this purpose, the customer has to contact the company by telephone, telefax, post or e-mail. The company will not pass on the personal data, including address and e-mail address, to third parties without the express consent of the customer which may be revoked at any time. Excepted from this are service partners who require data for order processing (e.g. the carrier commissioned to carry out the delivery and the bank processing the payment). In these cases, however, the data to be transmitted will be limited to the required minimum. The company uses technical and organisational security measures to protect the data administered by it against accidental or intentional manipulations, loss, destruction or access by unauthorised persons.
9. Internet Presences, Exclusion of Liability.
The company accepts no liability, neither for the permanent and uninterrupted availability of the company's website nor for technical or electronic faults of the online service offer. The website of the company as well as the pertaining subdomains contain links to other Internet pages. In this connection, the company has no influence on the design and contents of the linked pages. Therefore, the company assumes no warranty for the up-to-dateness, accuracy, completeness or quality of the information provided there and herewith expressly disassociates itself from all contents of these pages. This declaration applies to all links contained on the website of the company to external pages and all contents of these linked pages.
10. Place of Performance and Jurisdiction.
17309 Pasewalk has been agreed as place of performance and place of jurisdiction for the contracting parties with regard to all legal disputes arising from the contract. However, the company is entitled to sue the customer at any other statutory place of jurisdiction. The laws of the Federal Republic of Germany under exclusion of the UN Sales Convention are applicable exclusively.
11. Salvatorian Clause
Should individual provisions of these provisions be ineffective or unfeasible or become ineffective or unfeasible after conclusion of the contract, this does not affect the effectiveness of the remaining contract. The ineffective or unfeasible provision is to be replaced by such an effective and feasible regulation that corresponds as closely as possible to the economic purpose pursued by the contracting parties by the ineffective and/or unfeasible provision. The above provisions apply accordingly in case of a gap in the contract.