1 General information
Our offers are valid without engagement. With placing an order, you accept our conditions of sale, supply and payment. Any ineffectiveness of particular conditions has no impact on the effectiveness of the other conditions. Conditions of the customer differing from these terms of business as well as all verbal agreements are only valid in the case of a written confirmation from our side. The customers purchasing terms have no validity.
2 Come about the purchase agreement
All offers of the New Gen-Promotion GmbH are subject to change. An order is only after written confirmation.
3 Quality of the goods
(a) The New-Gen-Promotion GmbH does not take over the products quality or durability or other guarantee in the legal sense. Manufacturer warranties remain unaffected by this rule.
(b) The New-Gen-Promotion GmbH has the right to technical changes / variations and modifications / deviations of form, colour and / or weight make, unless this is customary deviations and / or a result functionality and usability of the product in a significant way be impaired.
(c) Over- and short deliveries of maximum 10% must be accepted.
4 Samples
Samples cannot be taken back for administrative reasons. If you wish to return samples nonetheless, they will not be credited.
5 Delivery
(a) The delivery risk is always taken by the customer. Packaging and delivery cost have to be payed by the customer.
(b) We charge for the packaging and the delivery the following flat rate.
For the sample delivery we charge €4,90.
For the minimum order amount of € 149,00 (without sample delivery) we charge €8,90.
(c) For customers in the EU:
6 Delivery periods
As soon as possible! Part deliveries are allowed, especially if several goods are ordered and are not available at the same time. The extra charge for transport is at your expenses. Delivery deadlines are only beginning at the point when we have received all documents that have to be provided by your side. We can only name dispatch dates as we have no influence on the shipping company. If we are prevented from meeting our delivery obligations by force majored or unexpected incidents, the delivery deadline is extended accordingly. If the delivery extension is unacceptable for you, you have the possibility to withdraw from the contract. However, this is only possible if you inform us immediately about the withdrawal and if the order does not contain special versions or already printed articles. Compensation claims deriving from too late delivery cannot be asserted against us. Delayed information of order details automatically result in a postponed delivery date. Fix dates are excluded from the beginning.
7 Reservation of ownership
The goods stay our property until the customer has paid the total amount of the invoice. The goods must neither be pledged nor made over in terms of security to a third party. The reservation of ownership will be expanded up until that point in time when the goods have been sold. Within this period, the ownership of the claim is transferred to us. If you fall into arrears with your payment, the reservation of ownership entitles us, even without previously having fixed a notice, to demand the goods or the claim.
8 Over- and short delivery
Over- and short deliveries of maximum 10% must be accepted.
9 Payment
(a) Within 8 days with 2% cash discount or 30 days after the invoice date net price. The payment has to be free of charge for us! Direct debits with 4% cash discount immediately after receipt of invoice. When the date of due payment has been exceeded, we charge default interest and fines customary for banks.
(b) If you are a new customer the payment term is payment in advance or cash on delivery.
(c) Payment can be done by credit card ( Visa, MasterCard and American Express)
(d) Payment can be done by www.sofortueberweisung.de as well as PayPal.
10 Guarantee
Our goods are - if not indicated differently - imported goods from the Far East. For that reason, they are subject to quick wear and tear. This is no reason for complaints. Furthermore, a certain amount of rejects has to be expected. There is no claim for compensation for rejects up to 3% of the ordered quantity. For rejects that possibly exceed this percentage, the claim is limited to a reduction of the invoice. In every case, the goods are to be examined and tested for possible defects and number of pieces by you or the recipient stated or by a representative authorized by your company immediately after receiving the goods. Complaints are to be reported to us immediately in written form. Otherwise every guarantee is excluded. In the case of externally visible transport damages, the guarantee is also excluded when the damage was not confirmed on receipt in written form by the carrier. Approved returns of goods are only accepted if the postage was paid by the sender. When articles are printed or treated by you or a third party, every guarantee is excluded after the goods have been delivered by us. Claims for damages of every kind are excluded in every case. It is also understood that goods that are not resold to consumers (e.g. goods which are sold to companies and which the companies give as a present to consumers for promotional reasons) are not subject to claim demands - if damages are not recognizable immediately - one year at the latest after the goods have been delivered to you or the recipient stated by you, even if the goods have not been in use until that moment. Even if we have accepted claim demands in the meantime, all further claim demands come under the statute of limitations one year at the latest after the original shipment.
11 Protection of property rights and copyrights
(a) New-Gen-Promotion GmbH reserves the right at all artistic works and the final design by using pictures, drawings, articles and other documents the ownership and copyright. They may be used by customers or other third parties without the express written consent of the New Gen-Promotion GmbH.
(b) New-Gen-Promotion GmbH is entitled to use the sales order item created for advertising purposes or as a model and map. The new gene-Promotion GmbH is also entitled to bring an appropriate place their company name.
12 Copyright, Intellectual property rights, licences
For the examination of the reproduction rights of all documents, the purchaser is obligated. For violations of copyrights, copyrights and licenses, we assume no liability in contract work and also require no proof of the buyer of the rights to the designs used. The purchaser is solely liable to be violated by the execution of its mandate, in particular copyrights of third parties. The Buyer shall indemnify the seller against all claims of third parties arising from such violation.
13 Legal domicile and place of fulfillment
The legal domicile and place of fulfilment for both parties is Berlin in every case.
14 Applicable law
It is the federal law of the federation of Germany, in which the CISG is excluded.
15 Protective Clause
If some of the stipulations of this agreement become ineffective or unfeasible the contractual parties are bound to replace the ineffective or unfeasible stipulations by other effective and feasible stipulations which, from the point of view of business success, come close to the ineffective and unfeasible stipulations to such an extent that it is reasonable to suppose that the contractual parties would conclude the agreement.
