Commercial buyers for the purpose of these general terms of delivery and payment are natural persons or legal entities acting in pursuance of their commercial or independent vocational activity.
Consumers for the purpose of these general terms of delivery and payment are natural persons who act for a purpose that is related neither to the commercial nor their independent vocational activity.
Customers for the purpose of these general terms of delivery and payment are commercial buyers and consumers.
2. Liability of terms of delivery and payment
By placing an order, customers are accepting these terms of delivery and payment. This applies also to following offers, orders and deliveries. Other than our terms of delivery and payment, whether or not mentioned on customers' orders, are not binding for us, unless we have individually confirmed so in writing.
Our offers are non-binding. Presentation of our offers on the Internet, in brochures and catalogs, and their delivery to customers are only invitations to customers to submit a contract offer (order).
We require no minimum quantities and no minimum order.
Insignificant differences from illustrations, samples, fabrics, measures, etc. which do not decrease the quality of the merchandise establish no warranty claims. The cancellation right of consumers in Germany laid down in law remains unaffected.
Our prices are in Euro currency. Our brochures and internet offers prices are given with and without German VAT. On individual offers to commercial buyers, VAT is not included unless otherwise noted.
German VAT will not be charged for deliveries to customers outside Germany and the European Union or to commercial buyers in EU-countries except Germany, who provide their European VAT identification number that is valid at the time of delivery (tax-free intra-community deliveries).
5. Shipping charges
For shipments within Germany, we charge a flat rate of 6,90 Euros (including VAT) for freight and packing, per delivery address and date.
Shipping costs for deliveries to addresses outside Germany will be
charged according to our costs.
Special services, e.g. express service, will be charged according to our additional expenses.
As a customer places an order, it is a binding offer to conclude a purchase contract of the ordered goods within the meaning of § 145 BGB.
7. Order receipt
The confirmation of receipt of an order does not constitute acceptance of the offer to conclude a purchase contract.
8. Order confirmation
Orders are only binding if confirmed by us. The confirmation can be made in writing with an order confirmation or proforma invoice, or by delivering the ordered goods.
Force majeure, strikes, riots, trade barriers, material shortages, traffic interruptions or delays, equipment failure, fire, etc., also with our suppliers, entitle us to resign from the contract or parts of it, or to demand different payment terms. We are entitled to recharge collective wage increases and price increases for materials and/or from subcontractors that may arise after the order confirmation.
Payment is possible by bank transfer to a bank account specified by us. Transfers must be in Euro currency and at no cost to us.
We reserve the right for calling exchange rate differences and bank charges.
Payment is also possible in Euro currency by PayPal. You can use PayPal e.g. to pay with your credit card.
Full payment must be received prior to the dispatch of any goods.
The refusal to accept a shipment does not exempt you from the obligation to pay for the goods and the shipping costs. The cancellation right of consumers in Germany remains unaffected.
The customer has a right of set-off only if his counterclaims are legally established or not we were denied by us.
The customer may only exercise his right of retention if his counterclaim is based on the same contract.
If the customer is in default of payment with one invoice, the customer is immediately in default with all outstanding invoices.
All payments must be made only to us. Representatives and agencies are not entitled to collect or to receive any payments for us. Drafts and checks are only accepted for processing a payment.
Shipment is made at the customer's risk expense and risk, ex factory Roedental / Germany, by a logistics partner of our choice.
Our liability ceases after we have carrier's receipt in good order. The carrier is your agent and claims for breakage should be made directly to the carrier. We will render any assistance where necessary. Partial deliveries are allowed.
Shipments to the USA:
Shipment is made from our factory in Germany through consolidated UPS World Ease shipments. This special UPS service avoids your involvement in any import and customs concerns. All freight costs are prepaid (and listed in our invoice); no charges from UPS or other will apply. For our schedule on World Ease shipments and details, please see our message board on www.engeldolls.com .
On our choice, small orders, like a single dress or wig or small doll, might be sent through registered air mail instead of UPS. If so, shipment is independent from the posted ship-dates, however, delivery usually takes 1-2 weeks.
Full payment must be received by us prior to the dispatch of any order.
Shipments to other countries:
Shipment is made from our factory in Germany by a logistics partner of our choice (usually by postal parcel or a parcel service).
Orders are dispatched as soon as possible after receipt of the full payment by us.
The regular transportation time varies per country between one and four weeks but can also be longer.
If the shipping destination is outside the EU, duties and import fees may be charged to you by your postal service or customs authorities. We have no influence on these charges and are not able to give you any information about the amount. If you like to know details, please contact your local postal and customs offices.
11. Reservation of proprietary rights
The goods remain our property until we received full payment. For contracts with commercial buyers, we retain the proprietary rights to the goods until the full permanent settlement of all claims arising from an ongoing business relationship. If the goods are resold by the customer, the customer transfers to us that his sale receivables in the amount of our selling price.
Payments, including cash sales, are accepted by the customer for our account and have to be kept separately.
12. Cancellation of orders
Our merchandise is made to order and not sold on approval or subject to return for credit or exchange.
The cancellation right of consumers in the EU laid down in law, as specified in the German version of these terms, remains unaffected.
13. Warranty / terms of claims
Claims for shortages or errors in shipments must be made to us within 8 days after receipt of merchandise.
Unless otherwise noted herein, statutory warranty is granted to customers in Germany. For commercial buyers, we grant warranty at our choice by subsequent improvement or exchange delivery. Claims from commercial buyers are accepted only, if the are declared immediately, but not later than 8 days, after receipt of the goods. Dispatch or notice are sufficient to meet the allowed period. In case of later claims, return freight is at the customer's expense.
14. Expenses of returning goods
Expenses for the return of any goods to us must be prepaid by the sender of the returned goods. We do not accept freight collect shipments. If the return shipment is free of charge for consumers in Germany according to their cancellation right laid down in law, we will refund the expenses of returning the goods together with the refund of the purchase price.
Returns from commercial buyers will be accepted only if our written permission is given prior to the return. Expenses of the return of goods are for the customers account.
15. Applicable law / place of fulfillment / court of jurisdiction
The laws of the Federal Republic of Germany apply.
Place of fulfillment for all deliveries, returns and payments is Roedental / Germany. The court of jurisdiction is Coburg / Germany.
Personal data including credit card and account information are stored in electronic files that are accessible only by Engel-Puppen GmbH and its affiliated companies. We do not sell or provide your personal information to anybody outside our companies without your prior permission.
Should all or part of any provision of these terms of delivery and payment be unlawful or lose their legal effect later, the validity of the contract is not otherwise affected.