General terms and conditions GTC

Translations are for information purposes only. Only the German version, which you can find here, is legally binding: www.produktundprojekt.de/agb.html

Condition of sale

The sale only takes place to legal entities or partnerships with legal capacity, authorities, public corporations and associations, as well as freelancers and natural persons who place the order in the exercise of their commercial or self-employed professional activity.

Pricing

All prices quoted are net prices per unit plus the respective statutory value added tax (VAT) applicable in the recipient country, if applicable, which is shown separately in quotations and invoices. All prices are subject to change. We reserve the right to cancel or not confirm orders in the event of obvious errors and mistakes in the price information.

Value added tax

VAT-free intra-community deliveries are made if a valid VAT number is available and all legal conditions are complied with. Otherwise, the respective statutory VAT applicable in the recipient country will be charged for deliveries inside the European Union. National regulations on VAT exemption cannot be taken into account. We do not charge VAT for deliveries outside the European Union. If applicable, the recipient has to pay VAT himself. Exceptions to this are deliveries with the shipping terms Delivered Duty Paid (DDP Incoterms 2020).

Delivery

Deliveries within the European Union (except islands and special areas) are subject to the flat shipping rates offered in the price list. When shipping to other countries, the shipping costs will be invoiced according to the offer. An order can consist of several shipments. We reserve the right to make partial and subsequent deliveries. Partial deliveries can be invoiced. Should goods not be available, we reserve the right to deliver equivalent replacement articles or to withdraw from accepting the order.

Transfer of risk

The risk of loss or deterioration passes to the customer when the goods are handed over to a transport company or any other person designated to carry out the shipment.

Changes

We reserve the right to make product changes without prior notice which serve exclusively to improve the article, do not endanger the purpose of the contract and are reasonable.

Use of the goods

The goods are intended for commercial and institutional users within the framework of their regulations and standards. By placing the order, the customer confirms use within the commercial or institutional field. The user is responsible for the correct use of the goods. Renting and commercial lending are prohibited.

Terms of payment and retention of title

As a rule, the goods are delivered on open account. We are entitled to demand prepayment or cash on delivery at any time contrary to this regulation. The goods remain the property of Produkt + Projekt Wolfgang Moll until full payment has been received. The extended retention of title applies to re-sellers. Invoices are payable immediately without deduction, but at the latest within 14 days. In the case of deviating terms, the payment terms noted on the invoice shall apply. In the event of late payment, we charge interest on arrears in the amount of 4% above the respective discount rate of the Deutsche Bundesbank.

Right of return and exchange

We grant a right of return and exchange within 14 days. Exceptions to this are deliveries outside the European Union, custom-made products and all goods that have been modified or procured in any way specifically for your order. Returns can only be made at your expense, in original packaging and unused, unneeded and re-saleable condition.

Guarantee

We comply with the statutory guarantee regulations applicable in Germany. Outside the European Union, we offer a free replacement or repair only in goodwill. To register guarantee claims, it is necessary to contact us before returning the goods. We do not accept freight collect returns. For deliveries outside the European Union, the customer has to bear the costs of delivery and return shipment.

Liability

Produkt + Projekt Wolfgang Moll assumes no liability for the correctness of the manufacturer’s information and any resulting damage with regard to use, standardisation and usability and likewise no liability for any damage resulting from the use of the goods. If the goods consist of a combination of individual articles, the process of combination is not a production according to Article 4 ProdHaftG (German Product Liability Act). We are also not liable for damages resulting from incomplete, delayed or non-delivery, insofar as these were caused by strikes, fire, force majeure, natural disasters or delays in delivery by our suppliers. This also applies to all disruptions caused by circumstances beyond our control.

Place of jurisdiction

Place of jurisdiction is the registered office of Produkt + Projekt Wolfgang Moll.

Efficacy

The GTC become effective as soon as your order has been placed. Should one or more conditions be invalid, this shall not affect the validity as a whole. We cannot accept customer’s deviating conditions, even if we do not expressly refute them. In all other respects, the provisions of the HGB (German Commercial Code) and the BGB (German Civil Code) in their respective valid version shall apply to all terms and conditions not covered by the GTC. German law is exclusively applicable.