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General Business Conditions

§ 1 Preamble

  1. All deliveries, services and offers from FURTMAYR GmbH are subject to the following General Terms and Conditions.

  2. These General Terms and Conditions only apply to legal persons under public law or special assets under public law. No sales are made to end consumers.

  3. Conflicting business or purchasing conditions of the Purchaser that deviate from these General Terms and Conditions are hereby expressly rejected, unless FURTMAYR has expressly agreed to them in writing. Such an agreement is only applicable to the individual case and not to previous or future services.

  4. These General Terms and Conditions shall apply even if FURTMAYR GmbH delivers to the Purchaser without any reservations being expressed, despite being aware of the existence of conditions of the Purchaser which conflict with or deviate from these Terms and Conditions.

  5. Deviations from these Terms and Conditions shall be valid only if expressly accepted in writing by FURTMAYR GmbH.

§ 2 Object of the contract

  1. The object of the contract is solely the delivery of the merchandise and/or the performance of the services defined in the order confirmation. Modifications, additions and supplements are only legally binding if confirmed by us in writing.

  2. As a basic principle, only the features specified in the order confirmation shall be accepted as agreed quality.

  3. Drawings, illustrations, dimensions or other performance data shall only be binding if expressly agreed in writing.

§ 3 Conclusion of contract

  1. The articles featured in the online shop (http://www.furtmayr.werbeartikel-webshop.de) are to be considered as offers that are non-binding and subject to confirmation by FURTMAYR GmbH, i.e. they are rather an invitation for the Customer to place an order, thereby requesting a binding offer from the Vendor. The same applies to articles in newsletter promotions or in catalogues.

  2. FURTMAYR GmbH is entitled to accept the order by sending an order confirmation within ten working days. Should FURTMAYR GmbH send a confirmation of receipt of order, this shall not in itself be deemed to constitute binding acceptance of the order.

  3. If there are typing or printing errors in the order confirmation, or if the price is based on technical transmission errors, FURTMAYR GmbH is entitled to contest these. Any payments already made shall be refunded to the Purchaser without delay.

  4. Any agreements entered into between FURTMAYR GmbH and the Purchaser on conclusion of the contract, including modifications or additions to the contract, must be made in writing in order to take effect.

  5. FURTMAYR GmbH reserves the right to make changes to the object of the contract for reasons of technical improvement, even after creation of the order confirmation, insofar as they have no detrimental effect on the price, delivery time, use or function.

§ 4 Delivery, passage of risk

  1. FURTMAYR GmbH’s compliance with its delivery obligations is contingent upon the Purchaser duly and punctually fulfilling his own obligations. We reserve the right to plead the defence of failure to perform the contract.

  2. Delivery dates specified in the order confirmation are non-binding insofar as no contrary agreement has expressly been made in writing.

  3. FURTMAYR GmbH shall comply with the delivery period if, before said period has elapsed, it has notified the Purchaser that the merchandise has been completed and is ready for collection, insofar as no obligation to bring or send has exceptionally been agreed.

  4. FURTMAYR GmbH is entitled to make partial deliveries insofar as they are of reasonable size.

  5. If, at the request of the Purchaser, the merchandise is delivered to the Purchaser or to a delivery location specified by the Purchaser, the risk of the accidental loss or deterioration of the merchandise shall pass to the Purchaser as soon as the merchandise, for the purpose of dispatch, has been handed over to the carrier, the freight forwarder, or the person or institution commissioned to deliver the consignment. This shall apply irrespective of whether the merchandise is dispatched from the place of performance and irrespective of who bears the freight costs.

  6. In the case of carriage-free delivery of the merchandise to the Purchaser, FURTMAYR GmbH shall bear the risk until the merchandise is handed over at the agreed destination.

  7. Should the Purchaser default on acceptance or payment, the risk of the accidental loss or deterioration of the merchandise shall pass to the Purchaser at the time at which the Purchaser defaults on acceptance or payment.

  8. In the event of operational disruptions, shortages of energy or raw materials, traffic disruptions, unforeseeable events, strikes, lockouts, official decrees and cases of force majeure, the affected party shall be released from its obligation to deliver or accept for the duration of the disruption and to the extent of its effect. If the delivery or acceptance is delayed by more than one month, either party shall be entitled to withdraw from the contract with regard to the quantities affected by the disruption in delivery or acceptance.

  9. Delivery is subject to the provison that all requisite incoming deliveries from the supplier of FURTMAYR GmbH have been received correctly and punctually. This shall only apply insofar as the non-delivery is not attributable to FURTMAYR GmbH. FURTMAYR GmbH shall immediately inform the Purchaser in writing of the non-availability of the service and reimburse without delay any purchase price already paid.

  10. In the event of non-delivery, the Purchaser shall send a written reminder and grant a grace period of 30 days. If delivery is not made within this grace period, the Purchaser shall be entitled to withdraw from the contract with regard to the affected part of the order insofar as FURTMAYR GmbH is responsible for the default. Claims for damages due to non-delivery or delayed delivery and compensation in lieu of performance shall be governed by Clause 9 of these General Terms and Conditions.

§ 5 Obligation of the Customer to cooperate

  1. The Purchaser is obliged to provide all information and materials required for performance of the contract (e.g. texts, images, photographs, logos, symbols, films, melodies) promptly and without charge.

  2. Insofar as the materials provided are to be processed, modified, digitized or corrected, this work will be charged separately.

  3. The Purchaser expressly releases FURTMAYR GmbH from liability for any claims that could result from a violation of the rights of third parties in conjunction with the materials provided. The same applies to reasonable legal defence costs.

§ 6 Prices, additional costs

  1. Unless otherwise agreed, the prices shall be understood as being exclusive of packaging and exclusive of the applicable sales tax (VAT). Any costs incurred for shipping, customs clearance and other expenditure will be invoiced separately.

  2. Invoices shall be payable in full within 8 days of the invoicing date.

  3. Bills of exchange and cheques will only be accepted on account of performance. The Purchaser shall bear all banking, discount and collection charges. FURTMAYR GmbH assumes no obligation or liability for timely protest of bills of exchange and cheques.

  4. The Purchaser shall be deemed to have defaulted on exceeding the contractually agreed payment term.

  5. In the event of a default in payment by the Purchaser, default interest will be payable at the rate of 9% above the relevant base interest rate. At the same time, in case of default, the Purchaser shall pay a flat-rate charge of €40 (cf. Section 288, para. 5, BGB (German Civil Code)).

  6. If the asset situation of the purchaser deteriorates after conclusion of the contract or if a deterioration in assets only becomes known once the contract has been concluded, the Purchaser is obliged, at the request and at the discretion of FURTMAYR GmbH, either

    • to pay immediately on delivery, or
    • to provide collateral for the full purchase price before delivery and within one week of receiving the request from FURTMAYR GmbH.

         7. The Purchaser shall have a right to offset claims if and only if his counterclaims are legally enforced, undisputed or recognized by FURTMAYR GmbH.

         8. The Purchaser is only entitled to exercise a right of retention insofar as his counterclaim results from the same contractual relationship.

§ 7 Retention of ownership

FURTMAYR GmbH reserves the ownership of the supplied merchandise to secure all claims against the Purchaser which may arise from the business relationship.

§ 8 Warranty

  1. The Purchaser must inspect the merchandise promptly after receipt and check whether it conforms to the contractually agreed quality and is suitable for the intended purpose

  2. Complaints about incorrect or incomplete deliveries or notification of other defects must be communicated to FURTMAYR GmbH promptly in writing, but no later than one week after receiving the merchandise. Should hidden defects become apparent later, these must also be communicated to FURTMAYR GmbH in the same form and within the same period, but counting from the discovery of the defect.

  3. The notified defects shall be specified precisely. Once the period specified in Clause 2 has elapsed, the merchandise shall be deemed approved and all rights of the Purchaser shall be deemed waived.

  4. Insofar as the merchandise contains a defect, the Purchaser shall be entitled, at his own discretion and after setting a reasonable deadline, to demand subsequent performance in the form of rectification of the defect or delivery of an item that is free of defects. If subsequent performance within the meaning of Section 440, clause 2, BGB (German Civil Code) fails, the Purchaser shall be entitled, at his own choice, to withdraw from the contract or to demand a price reduction. This also applies if FURTMAYR GmbH seriously and finally refuses subsequent performance. If the defect is only of a minor nature, the Purchaser shall only be entitled to a right to reduction of the purchase price

  5. With the exception of cases of intent, gross negligence and personal injury, warranty claims regarding the delivered merchandise shall lapse within one year. The term starts at the time determined in Section 199 BGB (German Civil Code). It starts, at the latest, at the end of the maximum periods determined in Section 199, para. 3 and para. 4, BGB (German Civil Code).

  6. Warranty claims shall be excluded in the case of insignificant deviation from the agreed quality. This applies particularly to the colour, material thickness and design. The following printing and packaging-related discrepancies, among others, cannot always be avoided:

    • Register differences and deviations in colour

    • Colour abrasion at seams or sealing seams in the case of full-surface printing

    • Visible block-joint

    • Deviation in the alignment of the printed image

    • Deviations in colour reproduction in the case of transparent or black backgrounds

        7. Short delivery or over-delivery by up to 10% shall be deemed acceptable and not in violation of the contract. The actual quantity delivered shall be
            calculated  within this variance.

§ 9 Liability

  1. All claims for compensation of the Purchaser against FURTMAYR GmbH are excluded, irrespective of their legal basis, unless FURTMAYR GmbH or its vicarious agents have acted with wilful intent or gross negligence or have violated fundamental contractual obligations as a result of ordinary negligence. Fundamental contractual obligations are obligations that protect the legal positions of the contracting party, which are material to the contract and are to be granted to the contracting party according to the content and purpose of the contract. Also fundamental are contractual obligations that need to be fulfilled in order for the contract to be properly performed at all and which the contracting party regularly and justifiably relies on.

  2. In particular, the Purchaser is not entitled to assert any compensation claims in the case of non-delivery or delayed delivery, even if a grace period has been set and this deadline has also expired unsuccessfully.

  3. In the case of gross negligence or a violation of a fundamental contractual obligation due to ordinary negligence, compensation is limited to the typical and foreseeable damage.

  4. Liability is excluded for any damage other than damage to the object of the contract, except for cases of intent and gross negligence.

  5. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability in accordance with product liability law and liability within the scope of a guarantee.

  6. Insofar as the liability of FURTMAYR GmbH is excluded or limited, this also applies to the personal liability of employees, legal representatives and vicarious agents.

  7. For all claims for compensation or reimbursement of fruitless expenditure in case of contractual or non-contractual liability, which are asserted against FURTMAYR GmbH – except for cases of intent, gross negligence or personal injury – a period of limitation of one year applies. The term starts at the time determined in Section 199 BGB (German Civil Code). It starts, at the latest, at the end of the maximum periods determined in Section 199, para. 3 and para. 4. Claims for compensation arising from product liability law shall be time-barred in accordance with the statutory period of limitation.

§ 10 Usage rights and reference

  1. Insofar as FURTMAYR GmbH, in conjunction with the development and/or design of the merchandise, has performed copyrightable design work, it shall be covered by the corresponding copyrights. This shall apply to all sketches, drafts, originals, films, music and similar created by FURTMAYR GmbH.

  2. FURTMAYR GmbH grants the Purchaser the right to exclusive use of the contractual merchandise without any limit in time or space. Any use going beyond this scope requires the express written approval of FURTMAYR GmbH. FURTMAYR GmbH is entitled to further remuneration for the granting of such approval.

  3. FURTMAYR GmbH shall be authorized to use the object of the contract at any time for demonstration purposes or as a reference of its work. This includes the right to demonstrate it at trade fairs and to use scaled-down images of it on the company’s own website, and the right to demonstration or illustration in the context of reporting on the company or similar occasions. FURTMAYR GmbH shall take the rights of the Customer into consideration. 

§ 11 Information from FURTMAYR GmbH

  1. In conjunction with its obligations in accordance with the Packaging Ordinance, FURTMAYR GmbH accepts the return of transport packaging and sales packaging; this packaging can be returned to FURTMAYR GmbH for disposal.

  2. Furthermore, FURTMAYR GmbH is obliged to accept, free of charge, the return of batteries purchased from it. Taking up this offer helps to keep the environment cleaner. Should the Purchaser wish to send back batteries and/or rechargeable batteries, ensure that the shipment is covered by sufficient postage. Batteries and/or rechargeable batteries containing harmful substances are indicated by the symbol of a crossed-out waste bin. FURTMAYR GmbH emphasizes that the user is legally required to return batteries. The chemical designation of the harmful substance is indicated near the waste bin symbol. Batteries and/or rechargeable batteries containing harmful substances are marked with the corresponding symbol:

    • Pb = Battery/rechargeable battery contains lead
    •          Cd = Battery/rechargeable battery contains cadmium
    • Hg = Battery/rechargeable battery contains mercury

          FURTMAYR does not provide any other disposal services, nor does it contribute to the costs of such services.

         3. The text of the contract is not saved and can be viewed under www.furtmayrs.com.

§ 12 Final provisions

  1. These conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as no separate written agreement has been made to the contrary.

  2. The contract language is German.

  3. The place of performance shall be the domicile of FURTMAYR GmbH.

  4. The sole place of jurisdiction for any disputes arising from this contract – including claims relating to cheques and bills of exchange – shall be Augsburg, Germany. In the event that the Purchaser does not have a general place of jurisdiction in Germany or in another EU member state, the sole place of jurisdiction for all disputes arising from this contract shall be the domicile of FURTMAYR GmbH.

  5. Should one or more of the individual terms in these Terms and Conditions be or become fully or partially invalid, incomplete or in need of amendment, the validity of the remaining clauses shall not thereby be affected.

  6. The parties are in this case obliged to agree on a provision that best reflects the commercial purpose intended by the parties. The same procedure is to be adopted if the contract contains loopholes.

Last revised: April 2018