General Terms and Conditions

General Terms and Conditions of Trade

§ 1 Basic provisions

(1) The following terms and conditions shall apply to all contracts that you, as the supplier (Walter Paulus GmbH), have concluded with us, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.

(2) We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur).

Conclusion of a purchase contract with the consumers shall be excluded.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.

(2) You can submit a binding offer (order) by telephone, email, fax, post or via the online shopping cart system.

(3) We submit individual offers upon request, which shall be sent to you as a copy and which we shall be binding for us for a period of 5 days. You can accept the offer by sending us a written confirmation.

§ 3 Individually-designed products

(1) You can send us the respective details, texts or files that are necessary for the customized designing of the products in question. Any potential specifications issued by the supplier regarding file formats are to be borne in mind.

(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.

(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from us, which you should check in a prompt manner. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).

Tasks related to the creation of the product in question are not carried out without your approval.

You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors.

§ 4 Prices, payment terms and shipping costs

(1) Net prices of the current catalogue plus the current valued-added tax are respectively valid.

Customers from EU please state your VAT-identify-number. Giving the VAT-identity-number, the German value-added-tax can be cancelled. Please understand, that we can only cancel the value-added-tax when retrieving a signed Entry Certificate. This rule only concerns customers from the EU. Exports to other countries will not be charged with the value-added-tax.

§ 4 Prices, payment terms and shipping costs

(1) Net prices of the current catalogue plus the current valued-added tax are respectively valid.

Customers from EU please state your VAT-identify-number. Giving the VAT-identity-number, the German value-added-tax can be cancelled. Please understand, that we can only cancel the value-added-tax when retrieving a signed Entry Certificate. This rule only concerns customers from the EU. Exports to other countries will not be charged with the value-added-tax.107

(2) With the appearance of the new catalogue, previous prices get invalid. Prices are subject to change.

(3) Due to fluctuation in gold and silver prices we reserve the right to amend the prices of items containing gold or silver. Neverthe­less, we try to keep the prices constant throughout the year. We reserve the right to adjust the respective pricelist not more than once per quarter to changing market conditions, with significant changes in the procurement costs or purchase prices.

(4) The minimum order value for each order is 50,00€, not including delivery charges.

(5) Delivery only against prepayment. The invoice value becomes payable from bill date on. Other regulations concerning the pay­ment must be confirmed by our written agreement or/and are expressly stated on the invoice.

Invoices are payable by cash, remittance or credit card. We accept Mastercard, Visa and American Express.

(6) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost.

(7) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

(8) You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

(9) If you have missed the due date of payment, we charge a fee of €5,00 per reminder. In case of delayed payment, we do also change interests at a value of 5% over the current basis interest rate of the European central bank.

§ 5 Delivery conditions

(1) With the prepayment method via transfer, the dispatch of the goods does not take place until after our receipt of the full pur­chase price and the dispatch costs.

(2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering trans­action, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.

(3) The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport insurance and the costs arising from the same shall be borne by you.

(4) Part deliveries shall be permissible and can be independently specified by you.

§ 6 Warranty for Defects

(1) As regards the customer‘s rights in case of material defects or defects in title, the statutory regulations shall apply to the extent that no other stipulations are made below. Special statutory regulations shall always be unaffected if the final delivery of the goods is to a consumer (recourse of the supplier pursuant to §§ 478, 479 of German Civil Code (BGB)). Our natural products are unique. Deviations from colour, structur, growth, and grain are natural and do not constitute grounds for complaint. The colours of your product photos may differ from the original colours and do not constitute grounds for complaint.

(2) The warranty claims from traders within the meaning of commercial law presuppose that they have met their inspection obliga­tions and requirements to give notice of defects according to § 377 HGB. Non-commercial customers have to inspect the supplied goods as soon as possible after their arrival for material deficiencies, wrong deliveries and quantity errors.

(3) The choice of subsequent performance shall be at our discretion and the warranty period shall be 12 months.

(4) The customer can only expect a suitability or usefulness of the goods beyond the suitability for the usual utilization or deviating from it, or a quality that is not usual for goods of the same kind, if this arises from a corresponding agreement or according to pub­lic utterances within the meaning of § 434 (1.3) BGB. Our liability for defects shall above all be the agreement made on the nature

of the goods, e.g. in product descriptions including those of the manufacturer, with which the customer is provided before ordering or which were integrated into the contract in the same manner as these terms and conditions. If the nature of the goods was not agreed upon, the statutory regulations are to be applied to determine whether or not there is a defect. We cannot, however, accept of the goods, e.g. in product descriptions including those of the manufacturer, with which the customer is provided before ordering108

or which were integrated into the contract in the same manner as these terms and conditions. If the nature of the goods was not agreed upon, the statutory regulations are to be applied to determine whether or not there is a defect. We cannot, however, accept any liability for public statements by the manufacturer or other third parties (e.g. advertising claims). We are at the customer‘s disposal for issuing information and advice to the best of our knowledge on how to use our goods. However, we are only liable to provide information and advice beyond the provisions if a separate consultancy agreement is concluded or payment going beyond the purchase price of the goods has been agreed for such performances.

(5) In case that we replace delivery items or parts of them in the course of the warranty for defects, you must return the replaced items or parts to us and transfer ownership.

(6) Only our own details and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public praise or statements by the manufacturer.

(7) If the operating and maintenance instructions from the manufacturing or supply company enclosed with the delivery item are not followed, alterations are carried out on the product, parts are replaced or consumables used that do not meet the original specifications, there is no longer any warranty unless these circumstances were not instrumental in creating a material deficiency. (8) If rectification has failed or if an appropriate deadline to be set by the customer has passed without success or is dispensable according to the statutory regulations, the customer may exit the purchase agreement or reduce the purchase price. In case of a negligible defect, however, they shall have no right of rescission.

§ 7 Right of retention, retention of title

(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.

(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation.

Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.

(3) You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorized to collect the claim. If you do not properly meet your payment obligations, we shall reserve the

right to collect the claim.

(4) In the event of connecting and blending goods that are subject to retention of title, we shall acquire co-ownership in the propor­tion of the goods’ invoice value in relation to other processed items at the time of processing.

(5) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.

§ 8 Copyright and rights of use

(1) Every order placed is a copyright contract aimed at the granting of rights of use to its services. Unless otherwise contractually agreed, the provisions of § 2 and § 31 UrhG shall apply.

(2) Any imitation of the drafts - also of parts or details - is not permitted.

(3) With the payment of the fee you acquire the right to use the work within the agreed framework. As a rule, we also grant you the exclusive right of use pursuant to § 31 Para. 3 UrhG. The rights of use are only transferred after full payment of the remuneration.

(4) Proposals of the client or his other cooperation have no influence on the amount of the remuneration. They shall not constitute a joint copyright unless this has been expressly agreed.

§ 9 Data protection practice

Our data protection practice complies with the statutory provisions. Details on the collection and use of your personal data can be found in our privacy policy on www.paulus-bowparts.de/data-policy.

§ 10 Choice of law, place of fulfilment, jurisdiction

The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.

YOUR CUSTOM-MADE MODEL

We are happy to help you design a bow frog and a button according to your specifications. Our craftmanship, the new technologies and the big variety of precious metals offer you a nearly unlimited choice for individual design.
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