General Terms for Sales and delivery into countries outside the European Union
1. The conclusion of contract with lillestoff GmbH, Bayernstr. 3, 30855 Langenhagen (henceforth referred to as the Seller) is effective as soon as lillestoff confirms the order of the Buyer in written form, or upon delivery of the product, whichever first occurs.
2. These terms and conditions of sale and delivery and payment (“Terms and Conditions”) govern all offers and contracts for deliveries and performance of the Buyer and the Seller, including all consultations by Buyer with the Seller and continuing and future business relations between them even without express reference hereto. By placing an order, the Buyer accepts the Terms and Conditions.
1. The offers of the Seller are to be understood as revocable invitations to enter into a contract of sale. A contract (“Contract”) arises only when the Seller accepts the offer of the Buyer by way of a written confirmation of the offer or the performance by Seller of the order.
2. The Seller is entitled to rescind the Contract without compensating the Buyer, if the performance of the Contract by the Seller is impossible due to Force Majeure, as defined in Section 8.4, or to shortage of the products.
Prices, delivery costs
1. The price lists and conditions of the Seller existing as of the time of the order are con-trolling for the order. Earlier prices lose their validity with introduction of a new pricelist. The introduction of a new pricelist leaves Contracts already concluded in effect.
2. Delivery costs are not included in the purchase price, but are to be borne by the Buyer. The delivery costs are indicated in the list “delivery costs” attached below.
3. Any customs duties, fees, charges and taxes arising out of performance of the Contract are to be paid by the Buyer, except for taxes imposed by Seller’s country.
1. The Buyer shall pay all amounts due by credit card or through paypal.
2. Payment shall be made in US-Dollar (USD) unless otherwise agreed.
3. The account for the order is due for payment at the time Buyer makes the order. If the Seller does not confirm the order or does not execute the sale the Seller will refund Buyer’s payment without delay.
4. The invoice will be issued for each delivery specifying the date of shipment. This also ap-plies for agreed upon partial deliveries. Pre-payments will be proportionately spread over the particular partial deliveries.
Delivery and Transfer of Risk
1. Delivery occurs only as long as the supplies last and is subject to availability.
The delivery time normally is 10 days from the date of receipt of payment, provided that the offer does not specify a different delivery time.
2. Delivery times are only definite in the case of goods sold with fixed delivery and the dates are expressly confirmed as definite.
3. If the Seller is prevented by any circumstances constituting Force Majeure, the delivery period will be delayed for the period of the hindrance.
4. The Seller is entitled to make partial deliveries insofar as this does not unreasonably disadvantage the Buyer.
5. Packages are delivered by UPS. Post office box or pack-station address are not acceptable as a valid delivery address. Risk of loss or damage shall pass to the Buyer at the f.o.b. point of shipment. The Seller shall not be responsible for damage to the goods after having received “in good order” receipts from UPS.
6. The Buyer is responsible for the disposal of the packaging materials.
Product Condition, Liability for Deficiencies
1. Only the statements in the order shall apply for the contractual product condition of the goods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The contractual product condition includes commercially customary and minor technical deviations, minor deviations from product brochures and similar descriptions or conditions described in offers (form and color), insofar as these result from natural inconsistencies of the materials used. These do not constitute a deficiency.
2. The Seller is not responsible for the compatibility of the contract goods with national regulations in the country of the Ordering Party or for the compliance with delivery or in any other context.
3. The Buyer is held to examine the goods promptly after delivery. Notice of apparent deficiencies is to be given at the latest within 10 days after receipt of the goods. If the deficiency appears only at a later time, the Buyer is required to give the Seller notice without delay after discovery.
4. If the goods are deficient at the time of the transfer of risk, the Seller can, at its option as part of the Buyer’s cure replace the goods within 20 working days after receipt of the returned product or reduce the purchase price and pay back the difference to the Buyer.
5. Damage compensation to the Buyer on account of deficient products is limited to foreseeable and unavoidable damages. In no event shall the Seller be liable under any legal theory for loss of use, revenue or profit or for indirect, special, liquidated, incidental or consequential damages or for claims by the Buyer for damages of the Buyer’s customers.
6. Warranty claims are subject to the applicable statutory periods of limitation. Claims of customers shall be time barred at two years.
7. The provisions of Section 8 are applicable for all cases of damage compensation.
Retention of Title
The delivered goods remain the property of the Seller until complete payment of the purchase price and any incidental claims.
1. The Seller is not liable for de minimus negligence except for injury to body, health or life, due to breach of a material contractual obligation.
2. Material contractual obligations shall mean obligations, whose performancefulfilment is a prerequisite for the proper execution of the Contract and whose compliance the other contractual party can reasonably expect.
3. In case of a violation of a material contractual obligation or de minimus negligence, the damages shall be limited to those reasonablyforeseeable damages and for damages typical for this type of contract.
4. The Seller is not liable for any delay or failure to perform its obligations to the extent that, and for so long as, such delay or failure results from Force Majeure, as defiend below.
5. The Seller produces its products according to the Global Organic Textile Standard (GOTS) and under high environmental and social criteria. The Seller is not liable for allergies or allergic reactions, which could originate from contact with the natural products.
The Parties agree that “Force Majeure” includes but is not limited to interruptions in transportation, official measures, weather events, unavailability of raw materials, labor disputes, interruptions in one’s own production process, interruptions in the operation of transport companies and subcontractors, shortage of products (insofar as a substitute procurement is not reasonable).
Protection of Models
1. The Seller is the owner of or entitled to all rights of designs, models, patents, trademarks and copyright concerning the products of the Seller.
2. The Buyer obligates itself not to copy products of the Seller or initiate their copying by third parties or distribute or sell copies to third parties.
1. Thes Terms and Conditions contain all the agreements of the contracting parties. There are currently no ancilliary agreements, oral or written, to the Terms and Conditions.
2. Any modifications or amendments of, or supplements to the Terms and Conditions or any Contractmust be in writing (digital form like e-mail).
Choice of Law , Place of Performance and Choice of Forum
1. All transactions between the Parties are governed by German civil and commercial law including UN-Law on the international Sale of Goods (UN-CITRAL).
2. Place of performance for the obligations of the Seller is the registered place of business of the Seller.
1. Should present or future provisions of the Terms and Conditions or any Contract be found by a court of competent jurisdiction to be entirely or partially invalid or unenforceable, the validity of the remaining provisions of the Terms and Conditions or a Contract, as the case may be, shall not be disturbed. The same applies if this contract should have gaps.
2. In place of the invalid or ineffective provision [or to fill a gap], that commercially reasonable rule will apply that the parties would have used had they considered the point when concluding the contract. This also applies when the invalidity of a provision rests on a denominated measure of performance or time (period of time or due date); in such cases that legally permissible measure of performance or time (period of time or due date) that comes closest to that intended, or a reasonable period of time under the circumstances, shall replace that in the contract.
3. Should the validity of a provision in the above-described sense be attainable only by way of agreement in adherence to particular requirements of form, the parties are obligated to perform the required acts and provide the required declarations.
Gewicht in Kilogramm
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