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Conditions of Use

  1. Offers are only binding after written confirmation from us. In the case of immediate delivery the invoice counts as order confirmation.
  2. An amendment fee of 25 Euros is charged for changes and cancellations.
  3. With goods value over 25,000 Euros written confirmation must be provided by the managing director, a shareholder authorised by the management board or an authorised signatory.
  4. All prices are understood to be plus value added tax at the statutory amount on the date of invoicing.
  5. Invoices are payable within 10 days from the invoice date with 3% discount from the value of goods, within 30 days from the invoice date net (without discount).
  6. If payment is not made within 30 days of the invoice date then default interest is calculated at eight percent above the basic interest rate of the European Central Bank.
  7. Cheques and bills of exchange only count as payment after they have cleared.
  8. Discounts and fees for the acceptance of cheques and bills are charged to the buyer.
  9. The seller is entitled to reject the acceptance of cheques and bills without giving any reasons and demand cash payment.
  10. With bank transfers the day it is credited counts as the payment date.
  11. With new customers, deliveries abroad and from goods value of 5,000 Euros upwards the seller can demand an advance of 100% the value of goods or a deposit. The delivery period starts with the receipt of the advance. Only the managing director and shareholders authorised by the management board can waive the right to demand an advance or deposit.
  12. Deliveries over 500 Euros goods value are delivered packaging and freight paid. With goods value less than 500 Euros a packaging/freight flat rate fee is charged.
  13. New customers are supplied by prepayment or cash on delivery until they have been credit checked and approved.
  14. A freight flat rate fee can be charged for deliveries of mattresses, slatted frames and beds.
  15. Delivery of mattresses, slatted frames and beds are without distribution to rooms or floors.
  16. The delivery insurance and risks are borne by the buyer according to the unit conditions of the German textile industry. Insurance is only taken out at the express request of the buyer. Packaging is charged by the seller if the dispatch takes place in boxes or in special packaging.
  17. The goods supplied by us remain our property until payment in full of all obligations resulting from our business relationship. If payment takes place by acceptances, customer bills of exchange or cheques then the retention of title exists until the complete clearing of all papers. If the sale of goods takes place before complete payment to us then all payments from this sale shall transfer to us. Incoming amounts shall be forwarded to us immediately. A pledge or transfer of the retained goods for security or claim in favour of a third party is not allowed before payment of the goods. We shall be obligated to release the collateral we are entitled to under the foregoing stipulations as we see fit upon the buyer’s request to the extent that its value does not exceed the claims to be secured by 20% or more.
  18. If the buyer’s financial situation significantly deteriorates after the contract is concluded or such deterioration in financial situation already exists before the contract is concluded but the seller only becomes aware of this after the contract is concluded he shall then be entitled to demand payment in advance or prior collateral of the purchase price.
  19. In the case of a significant deterioration in the buyer’s financial situation subject to all other rights the seller shall have the right to withdraw totally or partially from all contracts.
  20. The buyer shall check the supplied goods immediately upon delivery even if they are packaged.
  21. Visible defects must be notified within a week of delivery, hidden defects within a week of discovery. The notification of defects shall be carried out in writing and must identify the complaint in a verifiable manner. Using the goods shall be seen as approval, notification of visible defects is excluded after this.
  22. Customary or slight, technically unavoidable deviations in quality, colour, width, length, weight, finishing or design do not qualify for a notification of defects.
  23. Size details are approximate measurements before washing. Weight details are approximate details.
  24. With orders including weaving requested by them the buyer shall be obligated to accept an appropriate price discount with even slightly defective but fully useable pieces up to a share of 10% of the entire delivery.
  25. With legitimate notification of defects the customer can demand the defect is rectified. The supplier is entitled to supply a replacement free of defects instead of making improvements. The supplier is entitled to refuse to rectify the defect if it requires a disproportional amount of time and expenses.
  26. Special designs, e.g. table cloths made from plain or all over patterned textiles, products with weaving as well as embroidered parts cannot be returned or exchanged! Do not bleach laundry with embroidery and decorative stitching .
  27. With orders containing weaving we must reserve the right to an excess and/or short supply of approx. 10% of the order amount.
  28. With the supply of metre goods less than 30 m a coupon supplement of 10% shall be calculated. Only full metres are possible.
  29. The buyer can set a deadline of four weeks for the defect to be rectified by registered letter with the explanation that he shall reject the rectification of the defect after the deadline has expired. The deadline can be set at the earliest from the discovery of the defect.
  30. After the expiry of the deadline the buyer can demand a rescission of the contract (contract) or a reduction of the remuneration if the defect has not been rectified in time. Entitlement to rectification of the defect is then excluded.
  31. Liability for damages consequential to defects is excluded unless we or our representatives have caused the damage with intent or due to gross negligence. The same applies to liability due to transport damages.
  32. The buyer is obligated to immediately point out the risk of any damage consequential to defects.
  33. The return of supplied goods shall be made by the buyer free of charge and requires our previous consent. If the complaint is justified freight costs shall be reimbursed.
  34. Packaging/delivery costs are not reimbursed with returns or exchanges. Goods returned carriage forward will not be accepted.
  35. Freight costs are charged with the exchange of mattresses, slatted frames and beds.
  36. Legitimate notifications of defects do not guarantee right of retention regarding the whole purchase price of the delivery but merely to the value of the defective parts.
  37. If the seller is prevented from fulfilling his/her obligation due to unforeseeable exceptional circumstances which he/she could not avert despite due care in keeping with the circumstances of the case, regardless whether they arise in the seller’s business or at a sub-suppliers e.g. operational faults, interventions by authorities, delays in the supply of important raw materials, power supply problems,
    strikes or lockdowns, if the delivery or service is not impossible the delivery period shall be extended by an appropriate length. If the delivery or service becomes impossible as a result of the circumstances listed above then the seller shall be released from his/her obligation to supply. If the delivery period is extended in the above mentioned cases or the seller is released from his/her obligation then any claims for damages and rights of withdrawal resulting from this on the buyer’s behalf shall be cancelled. The seller is obligated to immediately inform the buyer of the occurrence of an exceptional circumstance as soon as the exceptional circumstance has continued without interruption for three days.
  38. If the seller is late with the delivery the buyer must consent to a four week period of grace.
  39. The period of grace can only start after the delivery period has expired and shall be calculated from the day on which the buyer’s message is sent.
  40. The buyer’s message in which he/she sets the period of grace must be in the form of a registered letter.
  41. The buyer’s claims for damages or withdrawal from contract shall be excluded with regards to the period of grace.
  42. Additional verbal agreements are not valid.
  43. Our advisors only have the power to collect upon presentation of special written authorisation.
  44. Place of fulfilment is Vilsbiburg.
  45. Landshut is agreed as the place of jurisdiction.
  46. German law applies to all orders issued by us. In relation to foreign buyers the application of the uniform international purchase laws dated 17th July 1973 is excluded. With contractual text in different languages the German language version is authoritative.
  47. All agreements and offers are subject to our conditions. They are recognised upon issue of an order and acceptance of delivery. Different terms stipulated by the buyer which we have not expressly recognised in writing are non-binding for us even if we have not expressly objected to them.
  48. Should individual provisions of these terms and conditions be or become ineffective in full or part this does not affect the validity of the remaining clauses or the remaining parts of clauses. The ineffective provisions will be replaced with statutory provisions.