Kleinkunst aus dem Erzgebirge Müller GmbH

Folklore Wooden Products from the Erzgebirge Mountains

Terms of Delivery

1 General

Any deliveries made or services provided by Müller GmbH (hereinafter called Supplier) shall be subject to these Conditions of Sale. No other conditions shall be valid even if Supplier does not generally object to those. Likewise, these Conditions of Sale concern any contracts between Supplier and Customer.

2 Availability of Goods Ordered

In case an article is not available, Supplier reserves the right to resign from the contract. Supplier shall inform the Customer of the situation without any delay. Delivery is possible as long as stocks last. From the moment a product or any product details depicted in the online shop or contained in the catalogue are deleted, the original offer shall be invalid.

3 Contract Documents

The customer shall, for his own convenience, print out his order and, if applicable, confirmation received from Supplier. Supplier shall save these documents but not be supposed to have them available with every incoming order. Contract language is German. No other languages shall be used.

4 Prices/ Freight Costs/ Payment/ Data protection

The prices quoted are inclusive of VAT. Prices shall be the ones of the date of order. Despatch shall be made via the postal service. Despatch within Germany shall entitle Supplier to a flat charge of EUR 7.90. Despatch to European or non-European countries shall be based on the terms applicable. For better security and for the Customer’s convenience, payment shall be made by direct debiting, credit card or cash on delivery/Cheque. Charges for cash on delivery amounting to EUR 2.00 shall be borne by the Customer. The goods delivered by Supplier shall remain Supplier’s property until full payment has been received by Supplier. If there is no incoming payment within the payment period, the process will be passed on to our debt collection agency or lawyer. The debtor bears all associated costs. Contract data (surname, forename, name of street, house number, postal code, place) will be used to have credit rated with CRIF Bürgel GmbH, Leopoldstraße 244, 80807 München. This announcement follows from the law (see article 6 chapter 1 letter b and article 6 chapter 1 letter f of DSGVO).

5 Delivery

Supplier shall make all efforts to deliver by the date named by the Customer. Any articles not available at the moment of delivery shall be sent to the Customer as soon as available. Despatch shall be made through the parcel delivery service chosen by Supplier. In case the Customer is not at his premises at the moment of delivery, written advice of delivery shall be left in his letter box. Any additional costs resulting from any further Supplier’s attempts to deliver shall be borne by the Customer.

6 Cancellation

The Customer shall have the right to cancel the contract within two weeks from receipt of goods. For this purpose, the Customer shall give notice of cancellation to Kleinkunst aus dem Erzgebirge Müller GmbH, Hauptstr. 154 B, D-09548 Kurort Seiffen. The goods delivered shall be collected free of charge. The Customer shall not be supposed to give any reasons for cancellation. Cancellation shall not be possible with articles made to the Customer’s order or with articles solely made to meet the Customer’s needs. In addition, cancellation shall not be possible with any articles whose packing seals are broken or with any articles which have been used or which, due to their particular quality, are not suitable to be returned. With any orders below EUR 40, any regular costs resulting from the goods being returned shall be borne by the Customer, except the goods delivered do not correspond with the goods ordered. Supplier granting the Customer the right to use the goods until the moment of cancellation, the Customer shall compensate for the depreciation the goods in question have suffered, except the Customer has used the goods or services in question in conformity with their general purpose. Having given advice of cancellation, the Customer shall no more be entitled to use the goods or services in question. Customer shall return the goods in question without any delay. Supplier reserves all relevant rights.

The above stipulations shall be seen within the framework of our Conditions of Sale. In case of doubt, the above stipulations on delivery shall have rank prior.

Conditions of Sale

1 General

2 Offers

Supplier’s offers are not binding and without obligation. Contracts shall be generated by means of oral or written order. Supplier shall not be supposed to confirm orders. In an appropriate way, Supplier reserves the right to slightly deviate from the contract in case technological or quantity-related needs force him to do so. In any such case the Customer shall be sent written confirmation. Delivery shall strictly follow the stipulations made in said confirmation.

3 Prices and Minimum Order Values

Prices shall be quoted ex works and not include packing and shipping. Prices shall include VAT. Supplier reserves the right to stipulate a minimum order value of EUR 25. Articles which are part of the Limited Edition line shall not be suitable to reach minimum order value.

4 Despatch

Despatch shall be carried out ex works and without obligation and at the Customer’s risk. Consignments shall be suitably packed. If not otherwise agreed with the Customer, the choice of mode of despatch shall be at Supplier’s discretion. Supplier shall not be liable to take out insurance, however, Supplier may take out insurance if the Customer wants him to do so. Costs shall be borne by the Customer.

5 Delivery

Periods of delivery or of services to be provided shall base on the contract, given Supplier himself has received correct and punctual supplies. Partial deliveries shall be possible. Punctual delivery requires, as a prerequisite, Supplier has received all documents to be submitted by the Customer (business registration). In addition, punctual delivery requires the Customer pays in conformity with the terms of payment Supplier and Customer have agreed on. Supplier shall be entitled to adequately postpone the date of delivery if, due to mobilization, war, riot, strike, lock-out or unforeseen circumstances for which Supplier cannot be held liable, Supplier is unable to meet the date of delivery. In case of services being late or in case Supplier can be held liable for services not being provided, the Customer shall be entitled, within the framework of the law, to cancel the contract. Services shall not be called late as long as the obstacles mentioned above are effective. In case of late delivery, cancellation due to late delivery or in case Supplier can be held liable for his inability to provide the services under contract, the Customer shall not be entitled to claim damages, except Supplier or any of his subcontractors acted grossly negligently or on intention. In case the Customer causes late receipt of goods delivered by Supplier or in case the Customer breaks any of his duties, Supplier shall be entitled to claim damages. In any such cases, the risk of the goods delivered by Supplier being eventually destroyed or losing value shall be transferred to the Customer from the moment the Customer has started causing late receipt of the said goods.

6 Retention of Title to Goods Delivered by Supplier

Any goods delivered by Supplier (reserved goods) shall remain Supplier’s property until full payment has been received by Supplier. As long as the retention of the title to the goods delivered by Supplier is effective, the Customer shall be forbidden to give said goods in mortgage or to assign said goods as collateral. However, the Customer shall be permitted to sell said goods. Supplier’s Customer’s right to payment made by his Customer shall replace the goods sold. Supplier’s Customer is entitled to draw on his Customer. In case Supplier’s Customer does not appropriately observe the duties resulting from the contract with Supplier, Supplier shall be entitled to cancel Supplier’s Customer’s right to sell said goods and to draw on his Customer. Supplier’s Customer shall, without any delay, report to Supplier any theft of the reserved goods, any damage to them or any loss as well as any bankruptcy proceedings that might have been instituted or any petition for composition that might have been filed. In case Supplier’s Customer does not pay punctually or in case Supplier’s Customer’s financial position does not allow Supplier’s Customer to make payment when due, Supplier, after appropriate reminders, shall have the right to the goods delivered by him being returned. Supplier’s Customer shall return said goods. Enforcing the retention of the title to the goods delivered or levying execution of the reserved goods against Supplier’s Customer shall, if not expressly so stated by Supplier, be no cancellation of the contract.

7 Terms of Payment

Terms of payment shall be in conformity with the contract. Both new and foreign Customers shall be delivered following payment in advance or cash on delivery or payment by credit card. In case an invoice is overdue, Supplier shall be, without any reminders sent to the Customer, entitled to interest at 5% and, from the point of default, at the rate valid in banking with additional cover, and at no less than 5% above the base key rate of the European Central Bank. Any further Supplier’s rights shall remain untouched. In case the Customer does not make payment in due time or in case his financial position has drastically worsened after the contract becoming effective, all his liabilities to Supplier shall be due at once. In such a case, Supplier shall have the right to make outstanding partial deliveries on security or against payment in advance.

8 Transfer of Rights/ Balancing out Accounts

As long as the purpose of the contract is not affected, Supplier shall have the right to transfer both rights and obligations resulting from a business relationship to third parties. The Customer shall have the right to transfer his rights resulting from a contract to third parties in case Supplier has given written permission to do so. The Customer shall not balance out accounts held with Supplier except with unquestionable and lawful rights. The customer shall not retain payment due to a counterclaim, except the counterclaim is unquestionable with Supplier and lawful.

9 Warranty

Warranty shall cover the goods sold do not show any faults resulting from their manufacture or from the material used and are manufactured to the state-of-the-art and to the standards of the manufacture of Erzgebirge folklore wooden figurines. Warranty shall follow the law and becomes effective on the Customer receiving the goods. Any faults resulting from the Customer storing the goods improperly or from shipment shall not be covered by warranty. In addition, the stipulations outlined in §4 of these Conditions of Sale are valid. The Customer shall, directly on receipt of goods, examine said goods for externally visible damage resulting from shipment or for wrong delivery, enter any such findings into the shipping documents and report them to Supplier without any delay. The Customer shall examine the goods delivered by Supplier for completeness. The Customer shall claim in writing any short delivery, any faulty goods or any damage to the goods without any delay, which is three days after receipt of goods at the latest. Any faults or any damage not externally visible shall be reported to Supplier within the framework of the law, in writing and no later than 6 months from receipt of goods. The article claimed shall be kept unchanged until it is collected by Supplier or by a forwarder named by Supplier. No carriage forward returns to Supplier shall be admissible, no such returns shall be accepted by Supplier. Any returns shall be properly packed by the Customer. In case the Customer has claimed any faulty goods in time and in case Supplier agrees said goods are faulty, Supplier shall repair said goods within appropriate time or deliver replacement of the same kind of goods. In case Supplier is unable to repair said goods within appropriate time, the Customer shall have the right to a change in price or to a reduction. Any further customer’s rights, based on whatever law, in particular resulting from breach of contract, any mistakes made when entering into the contract or consequential damage, shall be excluded, except the damage was caused by Supplier’s grossly negligent behavior or failure. In any case, liability shall be limited to the predictable damage and shall be no more than three times the contract value of the article(s) that have caused the damage. Liability resulting from product liability regulations or the law in general remain untouched.

10 Cancellation

Supplier shall have the right to cancel the contract in case he is unable, due to circumstances beyond his control, to deliver or provide the service in question (such as no supplies coming in, Act of God, strike, natural catastrophes. Supplier shall also have the right to cancel the contract in case of breach of contract through the Customer, in case of non-predictable and inappropriate costs coming up. In case Supplier’s inability to deliver is temporary or partial, the contract may, both parties agreeing, be altered. In case the Customer is liable to pay damages to Supplier or in case Supplier cancels the contract in conformity with his rights resulting from the contract or from the law in general, Supplier is, without any further evidence, entitled to 25% of the order value, except the Customer gives evidence of the damage being below that amount. However, Supplier may enforce evidence of higher damage.

11 Place of Performance and Place of Litigation

Place of performance for deliveries and payments to be made is Supplier’s seat. Sole place of litigation is – as far as the Customer is a business person in the sense of the law – the town of Marienberg, Germany. Contracts are based on the law of the Federal Republic of Germany. The regulations of the Sale of Goods Act of the UN commercial law shall not be applicable.

12 Final clauses

No Customer’s right to processing or re-manufacturing the goods delivered by Supplier shall exist. Supplier retains the title and the proprietary rights right to pictures, drawings, calculations or any further relevant documents. Said documents shall not be made accessible to any third parties without Supplier’s permission. No Customer shall digitalize any product pictures, product data or product descriptions for any print media or for use in electronic business communication. Any such steps shall remain subject to Supplier’s permission. The Customer shall also make sure the goods delivered by Supplier are displayed in a proper way, in particular in shops or in relevant markets, however, not together with products manufactured in the Far East. Supplier reserves the right to damages in case these stipulations are not observed. In as much as Supplier provides information or advice, the Customer shall check said information or advice for applicability. In particular, this concerns information given by the Customer to the Buyer on the usability of the goods delivered by Supplier for certain processes or purposes. In case any of the stipulations of these Conditions of Sale are not in conformity with the law or incomplete, the parties to the contract shall replace the stipulation not in conformity with the law by a suitable stipulation or complete any incomplete stipulation so the commercial purpose is fully met. Any other stipulations of these Conditions of Sale shall remain untouched.