General Terms and Conditions of Sale

General Terms and Conditions of Sale

 

1.  Application
2.  Offer, Acceptance
3.  Prices, Payment
4.  Offset, Right to Retain
5.  Delivery
6.  Passing of Risk, Shipment
7.  Retention of Title
8.  Warranty
9.  Liability
10. Exclusivity
11. Applicable law, Jurisdiction
12. Severability Clause

 

We confirm your order subject to the exclusive application of our general terms and conditions of sale printed on the reverse side hereof.

 

1. Application

(1) These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.

(2) These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.

 

2. Offer, Acceptance

Insofar as the order constitutes an offer we are entitled to accept the offer within two weeks.

 

3. Prices, Payment

(1) Prices are exclusive of the respective statutory VAT and exclusive of costs for packaging, except as otherwise expressly agreed upon.

(2) The purchase price is due within 7 days upon receipt of the proper invoice.

(3) From the due date of default interest in the amount of 8 % above the respective base interest rate p.a. shall accrue. We reserve all rights to claim further damages for delay.

 

4. Offset, Right to Retain

The purchaser shall be entitled to offset only insofar as the purchaser's counterclaim is acknowledged, undisputed or assessed in a legally binding judgment. The purchaser is entitled to claim retainer rights only to the extent such rights are based on the same transaction.

 

5. Delivery

(1) Delivery is conditioned upon timely and proper performance of all duties of the purchaser. Defences based on non-performance of the contract are reserved.

(2) In case of default in acceptance or other breach of duties to cooperate by the purchaser we are entitled to claim any resulting damage including but not limited to additional expenses, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to the purchaser at the time of such default or breach of duty to cooperate.

 

6. Passing of Risk, Shipment

If the purchaser demands shipment of the goods the risk of loss or damage to the goods passes to the purchaser upon dispatch.

 

7. Retention of Title

(1) We retain title to the goods until receipt of all payments in full. In case of breach of contract by the purchaser including, without limitation, default in payment, we are entitled to take possession of the goods.

(2) The purchaser shall handle the goods with care and maintain suitable insurance for the goods.

(3) As long as the purchase price has not been completely paid, the purchaser shall immediately inform us in writing if the goods become subject to rights of third persons or other encumbrances.

(4) The purchaser may resell goods subject to the above retention of title only in the course of his regular business. For this case, the purchaser hereby assigns all claims arising out of such resale, whether the goods have been processed or not, to us. Notwithstanding our right to claim direct payment the purchaser shall be entitled to receive the payment on the assigned claims. To this end, we agree to not demand payment on the assigned claims to the extent the purchaser complies with all his obligations for payment and does not become subject to an application for insolvency or similar proceedings or to any stay of payments.

(5) Insofar as the above securities exceed the secured claim by more than 10 %, we are obligated, upon our election, to release such securities upon the purchaser's request.

 

8. Warranty

(1) Precondition for any warranty claim of the purchaser is the purchaser's full compliance with all requirements regarding inspection and objection.

(2) Warranty claims shall be time-barred after 12 months of the passage of risk.

 

9. Liability

(1) In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent of breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.

(2) Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.

(3) Any liability not expressly provided for above shall be disclaimed.

 

10. Exclusivity

We guarantee, that we only distribute the object of purchase – the Greek Traditional Woollen Slippers – in stationary trading. We will not establish online trading by ourselves.

 

11. Applicable law, Jurisdiction

(1) This contract shall be governed by the laws of the Kingdom of Belgium (excluding the Convention on Contracts for the International Sale of Goods).

(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Brussels.

 

12. Severability Clause

(1) All pecuniary obligations arising from this contract or the breach of any of the contractual provisions will be payable in €. The conversion of any sum which is not originally expressed in EUR will be converted according to the ECB exchange rate on the day when the cause of the pecuniary obligation took place.

 

(2) Should individual terms be ineffective or lose their legal effectiveness due to later circumstances or should a loophole emerge in this AGREEMENT, the legal effectiveness of the other provisions is not affected.