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I. General
1. Deliveries and services are always subject to our General Business Conditions and the German Construction Contract Procedures unless they are contradictory to our conditions. They therefore apply to all our future deliveries and services, even unless they not again otherwise expressely agreed..
2. Other agreements are considered legally effective only, if specifically approved by us in writing. This also applies to the buyer's conditions of purchase. In this regard we have no obligations, even if they not again had been specifically declined by signing the contract.
II. Offer
1. With the placement of products in the online shop, we submit a firm offer on these articles to the signing of the contract. The contract comes about, while clicking the button "order" you accept the offer in regards to your previously defined shopping cart. Directly after sending your order you will receive a confirmation by e-mail. Our offers and estimates given outside of the shop are, in every respect, subject to change until signing the contract.
III. Price and payment
1. On general, first time buyers are deemed to be agreed upon cash on delivery (€ 8.-- surcharge) or cash in advance. Different payments have to be arranged with IFOHA in written. State and public facilities (i.e. authorities, schools, social services et al.) as well as major customers receive shipments on account against verification; solely by placing an order in written, per fax or letter. As a special service we offer our customers payment via PayPAL trust account. Charges are for our (IFOHA) account.
2. Our prices are gross prices, including the respective value added tax at the time of calculation.
3. Regarding to our shipments of blinds, the following applies: with delivery, price includes fabrication according to existing window sizes plus freight and packing. Delivery from stock. The said prices are part or total prices.
IV. payment conditions
1. Our claims for mountings are, unless otherwise agreed, invoice payable immediately upon receipt without deduction.
2. In the event of non payment, within 30 days upon invoice date, the buyer falls behind without specific reminder. From this time he is bound to pay default interest not less than 3% over the respective federal bank rate. We reserve the right of asserting further damage caused by delay and other claims. With noncompliance or incomplete payments we shall be entitled to cancel the purchase.
3. With internet-online orders, deliveries are made against payment in advance, cash on delivery, PayPal and credit card. The costs for freight and packing are generated concurrently. The goods will be shipped after the receipt of prepayment. Orders cash on delivery, PayPal and credit card are shipped immediately, after received. After placing an order online, the credit card account will be debited within 2-3 weeks (depending on provider). Foreign fees are for the buyer's account.
4. Noncompliance of payment terms, delay or circumstances, which are capable of decreasing creditworthiness, bring about immediate due date of all our claims. We are authorised to perform outstanding deliveries merely against prepayment, to back out from the contract after the set up of an equitable period of grace or to demand compensation due to non fulfilment; We are entitled to exert proprietary rights over our products, prohibiting the buyer the resale or process of the delivered goods and to repossess them. Taking back delivered products covered under proprietary law without exercising any previous withdrawal from the existing contractual order, if not specifically declared in written. The transport and other costs arising from the taking back of goods are for the buyer's account. After the buyer complete payment of the purchase price and all other costs he can claim the goods to be delivered. The goods remain IFOHA's property until fully paid.
V. The buyer's right of retention referring to warranties due to any unaccepted counterclaims, are excluded; the same applies to the offset fee due for payment against any counterclaim. The assignments of counterclaims against us is only permitted upon our approval.
1.The data concerning delivery times is to be considered approximate. They are non commital for us. For the adherence to a time limit we are only liable with a specific acceptance of a guarantee. Deliveries carried out Europe-wide. (Window films = 3-4 days, Uv protection blinds = 2-3 weeks)
2. Shipping and handling costs vary, depending on the country of destination. For Germany the price adds up to € 6.50 incl. VAT and 4 kg package total weight. For shipments cash on delivery a surcharge in the amount of € 8.00 is added. All other prices are displayed through choice in the basket of goods before sending the order.
The minimum order value is € 20,--. For orders under this value, a surcharge of € 10,-- will be charged for quantities below minimum.
The following prices apply for shipments made to the below stated countries:
country / €.............VK......NN........PP........KK
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Deutschland......8,90....14,90...11,90.....11,90 (Germany)
Österreich........10,60....--,--.....15,00.....15,90 (Austria)
Schweiz...........18,90.......-......20,90.....18,40 (Switzerland)
Luxemburg.......18,90.......-......20,90.....18,00 (Luxembourg)
Liechtenstein....10,60.......-......12,90.....13,90 (Liechtenstein)
Belgien.............10,60.......-.....12,90.....13,90 (Belgium)
Niederlande.......10,60....--,--....15,00.....15,90 (the Netherlands)
Frankreich.........13,00.......-.....15,00.....23,90 (France)
England............18,90.......-.....20,90.....25,90 (England)
Dänemark.........10,00.......-.....12,00.....13,90 (Denmark)
Polen...............14,00.......-.....16,00.....15,90 (Poland)
Italien..............10,00.......-.....12,00.....13,90 (Italy)
Ungarn.............10,00.......-....12,00.....13,90 (Hungary)
Estland.............20,90.......-....22,90.....23,90 (Estonia)
Norwegen........20,90.......-....22,90.....23,90 (Norway)
Schweden........20,90.......-....22,90.....23,90 (Sweden)
Kroatien...........20,90.......-....22,90.....23,90 (Croatia)
Litauen............20,90.......-.....22,90.....23,90 (Lithuania)
Spanien...........20,90.......-.....22,90.....23,90 (Spain)
Portugal..........25,00.......-......27,00.....30,00 (Portugal)
Balearen..........25,00.......-......27,00.....30,00 (Balearic Islands)
Irland..............13,00.......-......15,00.....18,00 (Ireland)
Türkei..............58,00.......-......60,00....63,00 (Turkey)
Azoren.............58,00.......-......60,00....63,00 (the Azores)
VK = Vorkasse NN = Nachnahme PP = PayPal KK = Kreditkarte
VK = payment in advance, NN = cash on delivery, PP = PayPal, KK = credit card
All forwarding charges include the value added tax in effect.
Shipment will be carried out via UPS.
(!!! For shipments in countries outside the EU, for instance Switzerland, duties and taxes are not included)
POWER OF REVOCATION INSTRUCTION
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VI. Right of withdrawal
Right to withdraw
In terms of §13 German Civil Code, We guarantee our customers a 14-day right of withdrawal.The period begins at the earliest with the receipt of the goods and a detailed instruction for the right of withdrawal in written. Any customer has the right to revoke his/her contractual statement in writing within 2 weeks (e.g. e-mail, fax or letter) without stating reasons or by returning the goods.To meet the cancellation time limit, timely mailing shall suffice. Would you please return the goods to the following address indicating your entire account connection: IFOHA - Großhandel für selbstklebende Fensterfolien, Klompenweg 4a, 46419 Isselburg, Fax: 02874-9007-29, E-Mail IFOHA-Contact. You will have to bear the costs for the reconsignment, if the supplied goods correspond to the ordered goods, the reconsignment charges do not exceed an amount of € 40.00 or if the customer has not rendered the claim for consideration or a contractually agreed part payment at the time of revocation. Otherwise, the customer is exempt from charges for the return consignment. In order to assure a return consignment in a speedy manner and to keep the costs as low as possible, we have the goods picked up at your premises. Please inform us in this regard.
The right of withdrawal does not exist for distance selling contracts
- for the delivery of goods, which had been finished according to customer specification or requirements or which is not eligible for reconsignment based on its quality (e.g. used films) or which go to a waste quite fast or exceeded their expiration date.
- for the delivery of audio or videotaping or of software, provided that the supplied data carriers had been unsealed by the customer,
- for the delivery of magazines
Consequences of revocation:
In case of an effective revocation, both recipients of benefits shall return any goods and/or reimburse any payments received minus the compensation for the capitalised use (e.g. interest). If you can not refund obtained benefits totally or partly or in worsened condition you have to render valued replacement. It does not apply to the surrender of goods if the worsening of the object exclusively results from its inspection which the customer could have carried out in a retail shop for instance. Obligations for value replacement can be avoided by not treating the merchandise as fully owned and to refrain from any actions which could have a detrimental effect on its value. Package transportable goods have to be returned. Non package transportable goods are collected at your premises. Payments have to be refunded by the customer within 30 days from dispatch of the notice of withdrawal.
VII. Advertising material for small & medium enterprises and reseller.
For the duration of business connection IFOHA will place advertising material, such as film samples, catalogues and poster at your disposal free of charge. Upon completion of business conditions it has to be returned to IFOHA. Used advertising material are invoiced. Exception, the poster. Therefore, you are charged for the poster € 90.-- net, plus VAT.
VIII. Warranty and liability
1. Deficiencies have to be reported in written within 3 calendar days after receipt of delivery through the parcel service. These periods are cut off periods. If we do not receive a notice of defects until the expiration date a claim can no longer be invoked. Processed material can not be accepted as claim. Faulty material will be replaced at no charge. Facts of exclusion, in particular §§ 460, 464, 467, 351 BGB (German Civil Code) and §§ 377, 378 HGB (German Commercial Law) remain unaffected.
2. Faulty deliveries or services can be delivered or mended at our choice. Should these measures fail, the customer shall be entitled to reduce the purchase price or to revoke the contract. It is to be assumed a failure, if additional supply or cure by either rectification or replacement is impossible, refused by us in written, a deadline of two weeks containing a refusal of ineffective performance or our rectification fails twice. We are entitled, in either case, to request rectification or additional supply.
Articles made to measure and articles on sale and from remaining stock are non refundable.
3. Further guarantee claims are excluded. However, we are liable for the lack of warranted qualities as designated by law..
4. A warranty claim does not apply if the deficiency is based on mishandling, wrong installation or with transgression of required performance data by the customer. Insulation glass with a k-value higher than 3.0 3.0 W/m?2;K has to always be installed externally (e.g. climate films such as sun protection, infrared or insulation for cold) ! Warranty void if any changes or modifications are made to the product.
5. We issue a guarantee between 2 to 10 years, all further particulars are stated under the respective product information. The guarantee for blinds is 2 years. We reserve the right to material related changes regarding the warranty period. A guarantee for films is not applicable if films are misused or by improper cleaning. Embedding of dust particles, while coating the film, can not always entirely be eliminated. Consequently no warranty claims can be invoked. The same applies to our delivered blinds, or warranty void with incorrect handling and warranty void for scratches on window films caused by improper cleaning. The scratch consistency relates to the field of plastics only. Warranty void if occurence of damage relates to external causes or through improper installation. Tint and measure variations as well as price changes are subject to alteration. During the installation of window films it is required to keep the rooms free from dust as much as possible. Smaller inclusions in layed films have no impact on the service life and do not qualify claims. This applies in particular to external laying. We are not liable for glass breakage or other damages, emerging after a film coating. Acception of costs, regardless of which kind, is explicitly excluded. Technical data relates to non commital manufacturer's instruction.
6. We shall be entitled to refuse the performance of warranty claims as long as the customer does not pay the contractual fee, less depreciation in consideration to the deficiency or if the customer does not meet other substantial contractual obligations.
7. We are, in principle, not liable for mistakes, resulting from imprecisely submitted records or data (e.g. oral statements, drawings).
8. Demands from default in performance of contract against us only apply, unless there is evidence of wilful intent or gross neglicence. The buyer bears the burden of proof. The limitation of liability applies to the same extent for our performing and vicarious agent.
IX. RESERVATION OF PROPRIETARY RIGHTS
1. We, as the vendor of the merchandise retain title until full conformance to all requirements.
X. General information
1. All differing consents from the preceding terms and conditions only apply , if confirmed in writing. Oral conditions and agreements with representatives and technicians are void in any case. Effective terms have to be put into writing on the original order and require our written confirmation.
2. If an individual provision of this contract or other agreements become invalid, or should a loophole be encountered, a suitable regulation within the scope of legal options, which come closest to the parties wants.
3. These terms and conditions are effective from 12.01.2004. We reserve the right to changes at any time.
XI. Jurisdiction
1. Unless the buyer is an enterpriser, a legal entity under public law or public assets, the court of jurisdiction agreed is the company's IFOHA registered office.
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