GENERAL TERMS AND CONDITIONS OF BARRIEREFREIHEIT GMBH - Guidance systems for blind and visually impaired people
(1) These general terms and conditions (hereinafter: GTC) apply to all business relations between the seller and the buyer.
(2) The seller sells exclusively to entrepreneurs. An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities (§14 BGB).
(3) These Terms and Conditions also apply to all future business relationships between the Seller and the Buyer.
(4) Any deviating general terms and conditions of the buyer are hereby rejected unless the seller expressly agrees to them.
(5) The General Terms and Conditions in the version valid at the time of conclusion of the contract shall apply.
Costs in case of lack of approval of layout design/ costs for pre-contractual layout creation/ intellectual property
(1) The product representations on the Seller’s websites, catalogues and brochures do not constitute legally binding offers.
Documents such as illustrations, drawings, weight and dimensions are only approximate values and not part of the offer,
unless they are expressly declared as binding.
(2) The order is concluded as follows: Upon the request of the customer, the seller will prepare a binding offer to the buyer regarding the request. The seller is bound to this offer for 2 weeks from the date of the offer.
The contract is concluded when the buyer’s order is received by the seller.
The buyer will receive an order confirmation from the seller.
The buyer’s order is legally binding for him.
If the buyer receives an order confirmation letter, its content alone is decisive for the content of the order,
unless the buyer objects immediately, within 24 hours, by fax or e-mail.
(3) After the contract has been concluded, the layout is produced. Design work, drawings and proofs are generally only carried out after a binding order has been placed. The proofs for the layout are sent to the buyer for approval.
If the buyer does not approve the drafts or does not communicate any requests for changes within 10 days,
the parties agree that the costs of layout creation and design planning will be invoiced.
The costs for the layout creation are 10% of the gross order value (according to the order confirmation),
but at least 500.00 EURO net. In addition, the seller is free to
to withdraw from the contract without damages. The declaration of withdrawal must be made in writing (text form is sufficient) to the buyer.
(4) Once the customer has given the production approval, further
Requests for changes will no longer be taken into account. The approval triggers the entire contract.
(5) If layouts are produced at the customer's request before the order is placed and no order is placed, the (pre-)contractual parties agree that the customer shall bear the costs of EUR 75 net per hour for the design work.
(6) All draft work, proofs, drawings, layouts, photos from our e-mails and from our websites,
which we make available to our customers for viewing are the (intellectual) property of BARRIEREFREIHEIT GmbH.
Any unauthorized use, distribution, reproduction, publication or other provision to third parties is prohibited without the express
Consent of BARRIEREFREIHEIT GmbH is prohibited and will be punished under criminal and civil law.
(1) In the case of custom-made products, over- or under-deliveries in the ordered quantity cannot be objected to.
(2) The films and tools used to manufacture custom-made products may be invoiced on a pro rata basis, without this being part of the custom-made products sold. They remain the property of the seller and will not be delivered.
(1) All prices quoted are net prices and are exclusive of the applicable statutory value added tax and any applicable shipping and delivery costs including packaging.
(2) Any customs duties or bank charges for foreign transfers shall be borne by the buyer.
(3) For orders with a net order value of less than €50.00, a minimum order surcharge of €10.00 will be charged.
(4) The goods will be delivered via DHL, UPS and other courier services.
By handing over the defect-free goods to the delivery company, the seller has fulfilled his obligation to deliver and the risk of accidental loss of the goods passes to the buyer.
(5) Partial deliveries are possible in reasonable cases. Partial invoices may be issued accordingly.
(6) Unless a delivery time has been agreed individually, the delivery times stated are approximate.
The delivery time refers to the period until the goods are handed over to the delivery company.
The delivery time depends on the shipping method and cannot be influenced by the seller.
(7) In cases of force majeure, unforeseeable or unavoidable disruptions or restrictions in the Seller's operations, official measures and failure to deliver, the delivery time may be extended appropriately in accordance with the period of the disruption.
In the event of non-delivery or insufficient delivery to the Seller by the sub-supplier with whom the Seller has concluded a congruent hedging transaction, the Seller is released from its delivery obligations in whole or in part.
In this case, he undertakes to assign his claims against the supplier to the buyer upon request.
(8) If the goods are ready for dispatch and dispatch is delayed due to circumstances for which the buyer is responsible, the risk shall pass to the buyer at the time the goods are ready for dispatch.
The costs resulting from the delay (in particular storage costs) shall be borne solely by the buyer.
(9) The place of performance or fulfillment, even in the case of deliveries with free shipping, is the Seller’s registered office in Schwarzenberg in the Ore Mountains.
(10) The Seller is also entitled to make price adjustments if more than one month elapses between the conclusion of the contract and the contractual delivery of the goods and if price increases for raw materials, wages, energy and similar costs occur or if changes in production technology make a change in the use of raw materials necessary.
(11) Regarding subsequent reductions in fees, we refer to the written agreements concluded between our companies.
The buyer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
Payment by check is not possible. We accept cashless payment transactions.
(12) We expressly point out that at the end of each year, the client is invoiced for services already provided, such as the creation of layouts, planning services, etc. by BARRIEREFREIHEIT GmbH.
(1) The purchase price is due upon delivery of the goods to the buyer.
The delivery is deemed to be the first delivery attempt by the delivery company during normal business hours.
(2) The purchase price may be paid by the buyer in advance or upon delivery of the goods by the supplier.
The supplier’s employees are authorized to accept payment of the purchase price.
(3) If the buyer does not pay for the goods immediately, the seller is entitled to exercise his right of retention and to only pay for the goods upon full payment of the purchase price including sales tax/VAT and shipping and delivery costs.
(4) If, contrary to paragraph 1, a different payment term has been agreed and a claim is not paid when due, all other claims of the seller against the buyer shall become due at that time, provided that the buyer is responsible for this circumstance. Any other payment terms shall expire.
(5) In case of payment by invoice, the Seller reserves the right to carry out a credit check.
(1) The buyer shall be in default at the latest if he does not pay within 3 days of the due date and receipt of an invoice or equivalent payment statement. The buyer shall not be in default as long as payment is not made due to circumstances for which he is not responsible.
(2) If the buyer is in default according to paragraph 1, a payment reminder will be sent free of charge. If this deadline expires without result, the first reminder will follow.
If no payment or incomplete payment is made, the seller reserves the right to initiate appropriate enforcement measures through a lawyer at the buyer's expense.
This does not exclude the assertion of further damages due to delay.
The buyer remains free to prove that the seller incurred no costs at all or lower costs than the reminder fees.
(3) If the Buyer is in default, the interest rate for payment claims shall be 8 percentage points above the base interest rate.
(1) For new customers and special customers, the Seller reserves the right to only carry out delivery against advance payment or cash on delivery.
(2) Customers based outside the Federal Republic of Germany will only be supplied against payment in advance.
(1) The Buyer is obliged to inspect the delivered goods immediately after delivery by the Seller or the commissioned delivery company and to notify or report any obvious defects to the Seller immediately within 24 hours by fax or e-mail.
Defects that are reported late, i.e. contrary to the above obligation, will not be taken into account by the seller and are excluded from the warranty or any claims for damages.
(2) Irregularities, such as those that occur in the nature of production, do not entitle the purchaser to refuse acceptance of the goods or to deduct any price. Deviations in the product dimensions are to be regarded as free of defects due to the manual processing.
(3) However, the warranty shall not be excluded due to a breach of the obligation to inspect and give notice of defects if and to the extent that the defect was fraudulently concealed by the seller or was caused by the seller intentionally or through gross negligence.
(4) Field staff and employees of the supplying company are not authorised to accept the notifications pursuant to paragraphs 1 and 2.
A notification pursuant to paragraph 1 or paragraph 2 only becomes legally effective when it is received by the seller.
(5) If there is a defect which has been reported in a timely manner, the Seller shall be entitled, at its discretion, to subsequent delivery or repair.
Only after the form of subsequent performance chosen by the seller has definitively failed can the buyer demand the return of the goods or a reduction in the purchase price. The chosen form of subsequent performance is deemed to have failed after the second unsuccessful attempt.
(6) The return of the goods to the supplier in the event of a defect shall be agreed upon with the seller.
In the case of a return made without prior agreement, only the necessary costs for the cheapest return option will be covered.
(7) The limitation according to § 9 of these General Terms and Conditions applies to claims for damages.
(8) BARRIEREFREIHEIT GmbH does not accept any liability for damages that arise after the transfer of risk through (continued) use of the purchased item (e.g. assembly or commissioning of the purchased item or faults caused by assembly/commissioning or their elimination), unless the seller is responsible for the damages.
(9) The warranty period for defects in the ordered goods is one year from the date on which the goods are made available to the buyer at the destination.
(1) A warranty for defects is only provided to the extent that it can be proven that the defects are due to manufacturing or material defects.
Defects must be reported to us in writing immediately after they are discovered and at the latest within 24 hours of receipt of the goods, otherwise a complaint about defects is excluded.
(2) We are entitled to determine the defect complained of on site ourselves or through a representative.
By negotiating complaints and inspecting the goods for defects, we do not waive the objection of lateness or incompleteness of the complaint.
(3) Any acknowledgement of the notice of defects must be made by us expressly and in writing.
(4) Defects for which we are liable can be remedied by replacement delivery or by repair.
If it is not possible to remedy the defects within a reasonable period of time, the purchaser is entitled to withdraw from the contract, excluding any further claims.
(5) Complaints about defects do not entitle the customer to withhold the agreed payment.
(1) The Seller shall be liable to the Buyer for damages caused intentionally or through gross negligence or arising from guarantees given,
under the Product Liability Act and in the case of damages resulting from injury to life, body or health of a person,
unlimited. Liability for slight negligence in the event of a breach of essential contractual obligations is limited to the amount of damage typical for the contract and foreseeable at the time the contract was concluded and is otherwise excluded.
(2) Essential contractual obligations are those obligations that protect the customer's essential legal positions, which the contract must grant him according to its content and purpose and whose violation endangers the achievement of the purpose of the contract; essential contractual obligations are also those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and whose compliance is dependent on
the customer has regularly trusted and may trust.
(1) The Buyer shall only be entitled to set off his claims if his counterclaims have been legally established or are undisputed.
(2) The buyer may only exercise his right of retention if his counterclaim is based on the same contractual relationship
(1) The delivered goods remain the property of BARRIEREFREIHEIT GmbH until the purchase price has been paid in full.
(2) The Buyer must inform the Seller immediately if actions by third parties or other events endanger the Seller’s rights.
In the event of seizure or confiscation of the item, the buyer must inform the third party that it is the seller’s property.
He must immediately notify the Seller of such measures or events and, if available, provide a copy of the enforcement protocol and an affidavit that the seized goods are the goods delivered by the Seller and subject to retention of title.
(3) The buyer is entitled to resell the goods in the ordinary course of business; however, he hereby assigns to the seller all claims arising from the resale in full. The buyer is authorized to collect this claim after its assignment.
This collection authorization can only be revoked if the buyer does not properly meet his payment obligations.
The buyer does not properly fulfil his payment obligation in particular if payments amounting to 10 percent of the amounts owed from the business relationship are not made on time and the buyer does not provide the service within five working days despite a written request.
(4) The Supplier shall be entitled at any time to inspect the Buyer’s sales documents and to inform its customers of the assignment.
The seller is entitled to withdraw from the contract for the following reasons:
(1) If, contrary to the assumption made prior to the conclusion of the contract, it emerges that the buyer is not creditworthy and the seller's claim for payment is thereby jeopardised.
(2) Credit unworthiness may be assumed without further ado in a case of cheque protest,
an unjustified cessation of payment by the buyer or an unsuccessful attempt at enforcement against the buyer. It is not necessary that these are relationships between the seller and the buyer.
(3) If it turns out that the buyer has provided inaccurate information about his creditworthiness and this information is of significant importance.
(4) If the goods subject to retention of title by the Supplier are sold other than in the Buyer’s regular business transactions, in particular by transfer of ownership as security or by pledging.
(1) Since we only sell to traders, see point 1.(2), all goods and items cannot be exchanged or returned. No credits or settlements will be made with the customer.
(2) The right of return can only be granted if the goods are received by the seller without signs of use, in their original packaging and within a reasonable time. The risk and costs of return transport are borne by the buyer.
(1) No oral side agreements were made.
(2) Chemnitz is agreed as the exclusive place of jurisdiction for all disputes arising from this contractual relationship.
The seller is also entitled to bring legal action at the place where his branch is located.
(3) All disputes arising from this contractual relationship shall be governed by German law, excluding international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
The company BARRIEREFREIHEIT GmbH - guidance systems for blind and visually impaired people, is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr/
Stand, January 2020
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