terms and conditions
General
These terms 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 do not apply, even if they have not been expressly contradicted.
An order placed with -holly-Products Vertriebs- und Licensing GmbH only becomes legally binding in terms of content and scope for -holly-Products Vertriebs- und Licensing GmbH after the order has been confirmed in writing.
In the event of force majeure or other unforeseeable events that make delivery by -holly- Produkte Vertriebs- und Licensing GmbH or its sub-suppliers significantly more difficult or impossible, there is a right of withdrawal. Claims for damages by the customer are excluded in this respect.
If events of the type mentioned lead to a significant increase in the costs of -holly- Produkte Vertriebs- und Licensing GmbH, then -holly- Produkte Vertriebs- und Licensing GmbH can increase the price accordingly or, if the customer rejects this price increase, from the contract step back.
delivery
The specified delivery time is non-binding.
If a specific delivery period has been expressly agreed, it will be extended in an appropriate manner in the event of unforeseeable events.
In any case, the customer has the right to withdraw from the contract three months after the delivery period has expired.
Claims for compensation by the customer due to delays in delivery are excluded in any case.
In the case of shipment by -holly- Produkte Vertriebs- und Licensing GmbH, the choice of the means of transport and the transport route is left to -holly- Produkte Vertriebs- und Licensing GmbH to the exclusion of any liability.
Partial deliveries are permitted and must be paid for as separate deliveries.
payment
The terms of payment are 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 as a result of changes in the previous tariffs or rates after the day the contract was concluded.
If the price to be paid to -holly- Produkte Vertriebs- und Licensing GmbH has been agreed in a currency other than EURO, then in the event of an official change in currency parities to the EURO after conclusion of the contract -holly- Produkte Vertriebs- und Licensing GmbH can choose either demand the corresponding value compensation from the customer or declare withdrawal from the contract without the customer being obligated to compensate as a result.
If the customer is in default of payment, interest of 2% above the respective Bundesbank discount rate will be charged from the due date without a special reminder.
A breach by the customer of his payment obligations and the occurrence of circumstances that are likely to reduce the customer's creditworthiness entitle -holly- Produkte Vertriebs- und Licensing GmbH to carry out outstanding deliveries only against advance payment or security.
-holly- Produkte Vertriebs- und Licensing GmbH must be informed of this by registered letter setting a deadline. After the deadline has expired without result, -holly- Produkte Vertriebs- und Licensing GmbH is entitled to withdraw from the contract or to demand compensation for non-performance.
The withholding of payments due to any counterclaims of the customer not recognized by -holly- Produkte Vertriebs- und Licensing GmbH is not permitted, nor is offsetting against such claims.
Accepted payment options
– Payment via PayPal, credit card (VISA, Mastercard)
In the case of advance payment (saves you cash on delivery fees), we ask that you transfer the amount to the following account: Payee: Holly Produkte Vertriebs- und Licensing GmbH. Please let us know the following information as reference: name, postal code and place of residence, possibly customer number (if available). The dispatch takes place after receipt of payment.
Ravensburg District Savings Bank
Account 48 086 811
BLZ 650 501 10
BIC SOLADES1RVB
IBAN DE89 6505 0110 0048 086811
or
Postbank Stuttgart
Account 1192-08-704
BLZ 600 100 70
BIC PBNKDEFF
IBAN DE20 6001 0070 0119 208704
retention of title
-holly- Produkte Vertriebs- und Licensing GmbH retains ownership of the goods sold until all claims arising from the business relationship have been paid in full, including all ancillary costs. -holly- Produkte Vertriebs- und Licensing GmbH can assert the claim for return due to retention of title in the event of default in payment by the customer without setting a deadline or submitting a declaration of withdrawal.
The customer is entitled to treat or process and resell the goods delivered by -holly- Produkte Vertriebs- und Licensing GmbH in the ordinary course of business, provided that he simultaneously receives the claims resulting from the treatment, processing or resale to -holly- Produkte Vertriebs- und Licensing GmbH, which already accepts this reduction. However, the customer is authorized to collect claims for -holly- Produkte Vertriebs- und Licensing GmbH as long as he meets his payment obligations as agreed.
The right to resell does not apply if the customer stops paying.
The customer may neither pledge the items subject to retention of title nor assign them to a third party as security or encumber them with other third-party rights. Factoring requires the express approval of -holly- Produkte Vertriebs- und Licensing GmbH.
warranty
The customer is obliged to check the delivered goods immediately after receipt and to report any defects in writing within 8 days to -holly- Produkte Vertriebs- und Licensing GmbH.
After this period has expired, the warranty obligation for recognizable defects no longer applies.
In the event of acceptance in the presence of a representative of -holly- Produkte Vertriebs- und Licensing GmbH, the goods shall be deemed approved if no notification of defects is made during acceptance.
In the event of defective goods and a timely complaint, -holly- Produkte Vertriebs- und Licensing GmbH is obliged to provide a replacement delivery or reimbursement of the reduced value. Claims for rescission or compensation, particularly for consequential damage, are excluded.
The warranty for delivered goods only covers defects that can be proven to be due to defective material or defective processing. Defects caused by transport, improper handling, changes to the delivered item or natural wear and tear are excluded
Place of performance, place of jurisdiction
All contracts are subject to German law. Place of payment and exclusive place of jurisdiction is the place of business of -holly- Produkte Vertriebs- und Licensing GmbH.
The legal ineffectiveness of individual provisions does not invalidate the remaining provisions.
A NOTICE
Court judgment of May 12, 1998:
The Hamburg Regional Court (Germany) ruled on May 12, 1998 that by providing a link, you may be responsible for the content of the linked page(s). According to the LG, this can only be prevented by expressly distancing oneself from the content. Therefore, -holly- Produkte Vertriebs- und Licensing GmbH hereby expressly declares that the following applies to all links available from -holly- Produkte Vertriebs- und Licensing GmbH on the websites of -holly- Produkte Vertriebs- und Licensing GmbH:
-holly- Produkte Vertriebs- und Licensing GmbH has no influence whatsoever on the design and content of the pages linked by -holly- Produkte Vertriebs- und Licensing GmbH. For this reason, -holly- Produkte Vertriebs- und Licensing GmbH hereby expressly distances itself from all content on all pages linked by -holly- Produkte Vertriebs- und Licensing GmbH. This declaration applies to all links and banners provided by -holly- Produkte Vertriebs- und Licensing GmbH and to all content of the pages to which these links and banners lead.