These terms and conditions of delivery and payment are exclusive. Deviating agreements are only effective if they have been agreed in writing.
Conflicting terms and conditions of the customer shall not apply, even if they have not been expressly objected to.
An order placed with -holly-Produkte Vertriebs- und Lizenz GmbH shall only become legally binding for -holly- Produkte Vertriebs- und Lizenz GmbH in terms of content and scope after written confirmation of the order.
In the event of force majeure or other unforeseeable events that make delivery on the part of -holly- Produkte Vertriebs- und Lizenz GmbH or its upstream supplier significantly more difficult or impossible, we shall be entitled to withdraw from the contract. Claims for damages on the part of the purchaser are excluded in this respect.
Should events of the aforementioned kind lead to a significant increase in the costs of -holly- Produkte Vertriebs- und Lizenz GmbH, -holly- Produkte Vertriebs- und Lizenz GmbH may increase the price accordingly or, if the customer rejects this price increase, withdraw from the contract.
Delivery
The stated delivery time is non-binding.
If a specific delivery period has been expressly agreed, it shall be extended in a reasonable form in the event of unforeseeable events.
In any case, the customer has the right to withdraw from the contract three months after expiry of the delivery period.
Claims for compensation on the part of the purchaser due to delays in delivery are excluded in any case.
In the case of shipment by -holly- Produkte Vertriebs- und Lizenz GmbH, the choice of the means of transport and the transport route is left to -holly- Produkte Vertriebs- und Lizenz GmbH to the exclusion of any liability.
Partial deliveries are permitted and must be paid for as an independent delivery.
Payment
The terms of payment will be agreed separately. If nothing has been agreed, 14 days net apply.
If the agreed price of a delivery includes customs duties, freight, insurance premiums or other ancillary costs, the customer shall bear any increase in these costs that have arisen due to changes in the previous tariffs or rates after the date of conclusion of the contract.
If the price to be paid to -holly- Produkte Vertriebs- und Lizenz GmbH has been agreed in a currency other than EURO, then in the event of an official change of currency parities to the EURO after conclusion of the contract -holly- Produkte Vertriebs- und Lizenz GmbH, at its discretion, either demand the corresponding value compensation from the customer or declare its withdrawal from the contract, without thereby being obliged to compensate the customer.
In the event of default in payment by the customer, interest at a rate of 2% above the respective Bundesbank discount rate will be charged from the due date without a special reminder.
A breach of the customer's payment obligations as well as the occurrence of circumstances that are likely to reduce the creditworthiness of the customer entitle -holly- Produkte Vertriebs- und Lizenz GmbH to make outstanding deliveries only against advance payment or the provision of security.
This must be communicated by holly- Produkte Vertriebs- und Lizenz GmbH by registered letter setting a deadline. After fruitless expiry of the deadline, -holly- Produkte Vertriebs- und Lizenz GmbH is entitled to withdraw from the contract or to claim damages for non-performance.
The withholding of payments due to any counterclaims of the customer not recognized by -holly- Produkte Vertriebs- und Lizenz GmbH is not permitted, nor is offsetting with such.
Accepted payment options
– Payment by PayPal, credit card (VISA, Mastercard), advance payment by bank transfer
If you pay in advance (saves you cash on delivery fees), you will be asked to transfer the money to the following account:
Payee:
Holly Produkte Vertriebs- und Lizenz GmbH.
Please provide us with the following information as the reason for payment:
- First and last name
- Postcode and place of residence
-Invoice number
The shipment takes place after receipt of payment.
Kreissparkasse Ravensburg
Account: 48 086 811
Bank code: 650 501 10
BIC: SOLADES1RVB
IBAN: DE89 6505 0110 0048 086811
Ownership
Until full payment of all claims arising from the business relationship, including all ancillary costs, -holly- Produkte Vertriebs- und Lizenz GmbH retains ownership of the goods sold. -holly- Produkte Vertriebs- und Lizenz GmbH may assert the claim for surrender on the basis of retention of title in the event of default in payment by the customer without setting a deadline or submitting a declaration of withdrawal.
The purchaser is entitled to treat or process and resell the goods delivered by -holly- Produkte Vertriebs- und Lizenz GmbH in the ordinary course of business under the condition that he at the same time assigns the claims resulting from the treatment or processing or resale to -holly- Produkte Vertriebs- und Lizenz GmbH, which hereby accepts this acceptance. However, the purchaser is authorised to collect receivables for -holly- Produkte Vertriebs- und Lizenz GmbH as long as he fulfils his payment obligations as agreed.
The right to resell shall lapse if the customer suspends payment.
The purchaser may neither pledge the items subject to retention of title nor assign them to a third party as security or encumber them with other rights of third parties. Factoring requires the express approval of -holly- Produkte Vertriebs- und Lizenz GmbH.
Warranty
The customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects in writing to -holly- Produkte Vertriebs- und Lizenz GmbH within 8 days.
After expiry of this period, the warranty obligation for recognizable defects does not apply.
In the event of acceptance in the presence of a representative of -holly- Produkte Vertriebs- und Lizenz GmbH, the goods shall be deemed to have been approved if a notice of defects is not given at the time of acceptance.
In the event of defective goods and timely complaints, -holly- Produkte Vertriebs- und Lizenz GmbH is obliged to make a replacement delivery or refund the reduced value. Claims for rescission or damages, in particular for consequential damages, are excluded.
The warranty for delivered goods only covers defects that can be proven to be due to defective material or defective workmanship. Excluded are defects caused by transport, improper handling, modification of the delivered item or natural wear and tear.
Place of performance, place of jurisdiction
All contracts are subject to German law. The place of payment and exclusive place of jurisdiction is the registered office of -holly- Produkte Vertriebs- und Lizenz GmbH.
The legal invalidity of individual provisions does not render the remaining provisions invalid.
HINT:
Court judgment of 12 May 1998:
In its judgment of 12 May 1998, the Landgericht Hamburg (Germany) ruled that the inclusion of a link may give rise to joint responsibility for the content of the linked page(s). According to the District Court, this can only be prevented by expressly distancing oneself from the contents. Therefore, -holly- Produkte Vertriebs- und Lizenz GmbH hereby expressly declares that the following applies to all links available at -holly- Produkte Vertriebs- und Lizenz GmbH on the websites of -holly- Produkte Vertriebs- und Lizenz GmbH:
-holly- Produkte Vertriebs- und Lizenz GmbH has no influence whatsoever on the design and content of the pages linked from -holly- Produkte Vertriebs- und Lizenz GmbH. Therefore, -holly- Produkte Vertriebs- und Lizenz GmbH hereby expressly dissociates itself from all contents of all pages linked to -holly- Produkte Vertriebs- und Lizenz GmbH. This declaration applies to all links and banners provided by -holly- Produkte Vertriebs- und Lizenz GmbH and to all contents of the pages to which these links and banners lead.
