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Delivery and payment conditions

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Delivery and payment conditions

I. General

II. price

III Delivery

IV. Payment

V. Retention of title

VI. place of fulfillment and jurisdiction

VII Data protection

VIII Miscellaneous


I. General
1. Our deliveries, services and offers are made exclusively on the basis of our terms of delivery and payment. These shall apply to all business relations, including future business relations; this shall also apply if they have not been expressly agreed again.

2. Our terms of delivery and payment shall be deemed to have been accepted at the latest upon receipt of the goods. Any counter-confirmation by the buyer with reference to his terms and conditions of purchase or business is hereby rejected.

3. Any deviation from our terms and conditions of delivery and payment shall only become effective if we have confirmed this in writing.

II Prices
Delivery shall be made at the net prices valid at the time of delivery plus VAT and conditions. The prices apply ex our warehouse or ancillary warehouse. Unless otherwise agreed, all additional services shall be invoiced separately. Prices are subject to change.

III Delivery
1. Delivery shall be made as quickly as possible. If a delivery period of four weeks is exceeded, the buyer may set a reasonable grace period for the first time and only assert the rights arising from the delay after this grace period has expired. In the event of delivery difficulties for which we are not responsible, we must reserve the right to withdraw from the contract in whole or in part.

2. Shipping costs shall be borne by the buyer. Unless special agreements have been made, we shall choose the type and route of shipment at our own discretion. We charge the handling and packaging costs at cost price.

3. Shipment is at the risk of the buyer. For international and worldwide deliveries, the Incoterms EXW shall apply. Goods must be inspected immediately upon receipt. We can only consider any complaints (obvious defects) on the day of delivery after receipt of the goods. Transport damage and claims for damages must be recorded immediately upon receipt of the goods. We reserve the right to choose between new delivery and repair. If the replacement delivery or repair fails, the buyer has the right to reduce the purchase price or cancel the purchase.

4. We can only accept returns of goods with express prior written authorization. This must be free of charge, unless otherwise agreed.

5. Deliveries of goods for inspection must be announced in advance by the customer. They must be returned to us within 14 days if they are not required. The costs of the return shipment shall be borne by the customer. If the goods are not returned within the specified period, they shall be deemed to have been purchased.

IV. Payment
1. Payments are to be made directly to us. Our staff are authorized to make cash sales on the business premises of Glauch GmbH.

2. Unless special agreements have been made in writing, payment of the invoice shall be made immediately upon receipt of the goods without deduction. 

3. Payment can only be deemed to have been made when we can dispose of the amount. In the case of payment by check, payment shall be deemed to have been made when the check has been cashed.

4. In the event of default in payment by the buyer, we shall be entitled to charge default interest from the time of default in the amount of an overdraft facility charged by commercial banks plus the statutory value added tax. If the collectability of a claim is at risk, we shall be entitled to declare the invoice and any other remaining debt due. In such cases, security may be demanded.

V. Retention of title
1. We deliver exclusively under retention of title in accordance with § 455 BGB (German Civil Code); in addition, the items sold shall remain our property until full payment of all other current claims. This also applies if the buyer has paid the purchase price for certain deliveries specified by him.

2. Resale of the goods prior to full payment is only permitted to the extent customary in the business, whereby at the same time the resulting claims with all security interests in the amount of the value of the goods shall be deemed automatically assigned to us. Upon request, the buyer is obliged to name the debtors of the assigned claims to us and to inform them of the assignment.

3. Until the goods have been paid for in full, the buyer must notify us immediately of any change to the goods, any change of residence and any seizure of the goods or other impairment of our rights. Upon request, we must be granted free access to the premises in which the goods subject to retention of title are located. If the buyer violates these obligations, he shall bear the costs and damages.

4. Ownership shall pass to the buyer upon full payment of our claims.

VI Place of fulfillment and jurisdiction
The place of performance for deliveries and payments as well as the place of jurisdiction is 41747 Viersen.

VII Data protection
Please note that we store your data in order to fulfill our business purposes.

VIII Miscellaneous
1. Any duplication of the material supplied by us is not permitted. The same applies to the rental or use for public screenings. Such types of use are only possible after prior written agreement.

2. If the order value is less than € 30.00 (excluding VAT), we must charge a processing fee of € 5.00 (plus VAT).

3. Should one of the above provisions be invalid, this shall not affect the validity of the remaining provisions.
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