Fahne de Fahne gb Fahne pl


General terms and conditions of Bettin Handelsgesellschaft mbH & Co. KG

VAT ID no. DE 050 151 02278

Exclusiveness of terms and conditions

1. All offers submitted by us are subject to our general terms and conditions. All offers submitted are subject to confirmations by us. Confirmation can also be made by delivery or billing. We exclusively take accept orders at these terms and conditions. General terms and conditions of the buyer or variations of our terms requested by the buyer are only valid and binding after our previous written approval.

2. Right to withdraw from contract

We reserve the right to withdraw from a contract when its fulfillment faces technical or administrational difficulties that are insuperable or if their overcoming causes a high effort in relation to the value of the goods to be delivered. We also reserve the right to withdraw from a contract when circumstances come to our knowledge that the buyer's credit status is doubtful.

3. Prices

Prices on the day of delivery are valid. Prices are in Euro. Prices on order sheets are subject to VAT when ordered by a domestic company. Minimum order is 100 € net. The orders which contain partly glass, ceramics or other goods sensitive to break can be dispatched only by forwarding agency on palette and cause a Minimum order of 200€ net.

4. Shipping and handling charges

For orders received via internet the following principles apply:

4.1 Domestic shipping:
In case we receive no specific shipping orders along with the order we ship goods the most advantageous way (as per our discretion) considering possible breakage. Orders of a value less than 500€ (net) will be subject to an 5% freight charge (land). Orders with a value of 500€ and more (net) will be shipped free of charge within Germany.

4.2 Shipping outside of Germany
Orders of a value less than 500€ (net) will be subject to a freight charge of 5% (shipment to German border). Charges from German border to destinee will charged as well. Orders outside of Germany will only be shipped after advance payment.

5. Partial shipments

5. We are authorized to make partial shipments whenever economically appropriate. Partial shipments will be invoiced seperately and are considered as seperate business transactions.

6. Shipment terms

6.1 Negotiated dates of shipment are always approximate.

6.2 Should a shipment be delayed due to circumstances we have no influence on such as force majeure, epidemics, government encroachments, industrial action, difficulties in purchasing material, production failure, special requests of a buyer etc. the delivery period will be extended accordingly. This also applies for delays caused by our suppliers not delivering on time. Should such an interference last four months or longer and should it not be clear how much longer the shipment will be delayed, we and the buyer have the right to withdraw from the contract if it can not be fulfilled by us due to the interference.

6.3 Should we be behind schedule with a shipment, the buyer may withdraw from the contract if he set an additional time limit of a minimum of two weeks and we do not ship within this period of time or in case the merchandise can or shall not be shipped send out an announcement of readiness.

6.4 No claim for compensation can be made due to late shipments except if we acted purposely or wantonly negligent.

7. Liability for defects

7.1 All images in our product catalogues are approximate and items are subject to change without prior notice. 494 BGB does not apply.

7.2 Since a number of items are handmade, deviations in shape, size and colour are inescapable. Therefore the range of tolerance regarding quality, colour, labelling, shape, packing, equipment, usability etc. is significantly bigger than for industrially produced goods.

7.3 Possible deficiencies will have to be announced by the buyer in a written way directly after their discovery. The time period to announce deficiencies may not exceed two weeks for defects that can be discovered by regular inspection after receipt of goods. For other deficiencies the time period may not extend 4 weeks from the date the merchandise arrives at the buyer's warehouse. Does the buyer fail to report deficiencies within the set periods of time or are goods being worked on by the buyer, the warranty becomes unvalid.

7.4 Deficiencies on parts of the delivered goods do not legitimate the buyer to make claims for the whole shipment.

7.5 If a claim of deficiencies is accepted by us, the buyer has to agree with us whether the goods will be sent back to us on our expenses or if they can be destroyed. In this case we deliver error free goods. If the goods are being sent back to us, delivery of error free goods will be effected after receipt of faulty goods. Instead of sending new error free goods we may mend the faulty goods or grant abatement of the purchase price. Should the replacement or mended goods not arrive at the buyer's warehouse within six weeks the buyer may insist on abatement of purchase price or redhibitory action. Further rights than those stated above, especially claim for indemnity, can not be derived, except we acted purposely or wantonly negligent.

7.6 Returns always have to be arranged with us in advance. Returned goods that have been labelled by the customer or are not in a sellable condition anymore will not be refunded. Unsubstantiated returns will be returned at the buyer's expense.

8. Liability for product hazards

If a loss or damage arises by a danger inherent to the goods as ordered and delivered or by faulty goods, or if a loss or damage arises due to the seller not or not sufficiently warning the buyer of this danger, the buyer can not claim for indemnity except we acted purposely or wantonly negligent.

9. Invoice payment

9.1 We invoice as soon as the ordered goods has been shipped.

9.2. Payment occurs with 3% of discount payment. Invoice amounts are drawn basically by bank move or cash on delivery plus 12,50 € of COD charge. To the bank move we need from the customer his account number and bank code number. Alternatively the payment is possible by precash.

9.3. Payments have to be made directly to us. If payments are not being made on time default interest of 5% above the currently valid rediscount rate will have to be paid. Further, overdue invoices cause immediate maturity of all other invoices as well.

9.4 Should, after signing a contract, circumstances arise that indicate that creitworthiness of the buyer is doubtful we have the right to insist on payment in advance or demand for collateral security. The same applies when a payment is overdue. If any of these cases arises, this causes immediate maturity of all invoices, except if another policies has been negotiated with the buyer.

9.5 We reserve the right to insist on C.O.D. for orders of new customers.

10. Retention of title

10.1 Delivered goods remain our property until all invoices are paid by the buyer.

10.2 All claims of our customer from reselling goods we are the proprietor of in whole or partially are taken over by us by the time the contract is made, no matter if the goods have been modified or processed or if they have been sold to one or several customers. In case the goods are only partially our property or that they were sold together with goods that are not our property, claims will only be up to the value of our invoices.

10.3 The buyer is not entitled to impawn unpaid goods to third parties or pass them on as collateral security.

10.4 In case the buyer does not fulfill obligements of a contract secured by property reservation completely or partially or if cirsumstances come to our knowledge that our rights emerging from the contract are endangered, we may insist on restitution of the goods without prior declaration of rescission of the contract (as per 455 BGB) or wihtout prior setting of a time limit for fulfilling obligements (as per 326 BGB). Insisting on the afore mentioned does not have any effect on the endurance of the contract or the obligements emerging from it.

11. Place of execution place of jurisdiction applicable law

11.1 Place of execution is Rangsdorf (Zossen)

11.2 Exclusive place of jurisdiction for the settlement of business disputes emerging from the contract is Rangsdorf (Zossen).

11.3 For contracts made with companies located outside of Germany the whole contract is subject to the law and jusrisdiction of the Federal Republic of Germany, except when another legal system applies. The prevalence of the standardised law about finishing international trade contracts for moveable objects is out of force.

12. Partial ineffectualness

Should single paragraphs of these general terms and conditions, no matter for what reason, be or become ineffectual, this does not apply for the rest of the determinations.

13. Samples

Samples are our own developments and thus our intellectual property. Imitations are illegal. Passing them on to third parties without our prior written approval is prohibited in any case. Samples remain our property not only intellectually but also physically.