General Terms and Conditions of Business ( ToS)
(1) Following Terms and Conditions are the basis of all contracts (offers, deliveries and other services) between the company Cygal Art Deco and clients.
Special terms will not be accepted unless prior agreed upon in writing.
(2) Clients are according to these terms and conditions consumers (compare § 13 BGB) and businesses (compare § 14 BGB).
Terms of this contract are valid for consumers as well as businesses, unless single regulations explicitly relate to one of the client groups.
§ 2 Privacy Policies
The personal client information in connection with a sales contract will only be used for our own purposes, such as sales contracts, client services, market research, or our own advertising.
The client has the right to refuse the use of his/her data as long as it is not soly required for the sales contract and the client services.
The data will only be passed on to a third party if required to fulfill the contract.
§ 3 Contract
(1) Offers of the company Cygal Art Deco are non-binding. The conditions for our goods are not binding. Technical aswell as other changes in form, color or weight are reserved as far as within a frame of reason.
(2) By his order commits the client to a binding offer in conclusion of a contract. The sales contract is finalised when we accept your offer by delivery, notification of delivery or manufacture of the goods.
We reserve the right to refuse the order.
§ 4 Servicedescription
(1) Cygal Art Deco offers fine furniture of their own manufacture, which is partly customized to clients specifications. The finished products are delivered to the client by shipping company, parcel service or other means of transportation.
(2) Changes in structure and color compared to the sample, catalogue- and internetimages, as well as wood samples, given to the client, or, if applicable, to prior deliveries are possible, and are reserved, as far as these are in the nature of used materials ( e.g. solid woods, veneers, stone, leather and textile products) and commercial practice. Small deviations are also possible with supplementary orders of individual items.
§ 5 Prices and Terms of Payment
(1) All prices are net prices. A deduction or discount is not possible. It can only be offset against undisputed or legally established claims. Deliveries under the intra-Community acquisition are carried out tax-free if the customer provides a valid tax identification number. Export deliveries are exempt from VAT.
(2) Additional costs for shipping or delivery and further services, as installation are not included in the product price. These charges will be noted separately. It is the client´s obligation to provide circumstances which allow access for delivery.
(3) 50% of the purchase price are due upon receipt of the purchase order. The remaining 50% are due after completion, but before delivery.
In case of non-payment by the client, we reserve the right to keep the merchandise until paid in full. The cost of return transport and subsequent deliveries will be charged to the client.
In case the payment has not been made by the 10th day after the due date, the client is automatically in delay of payment without further explanation.
In case of delay of payment by the client Cygal Art Deco reserves the right to withdraw from the contract. If payment in full has not been received within 90 days of the final invoice, Cygal Art Deco reserves the right to retain the merchandise and to declare a forfeiture of the deposit as liquidation damages.
(4) The seller has the right to charge interest in case of default. (§ 288 BGB) In case of delay of payment the seller further has the right to charge a reminder fee to the customer, as well as further claims of compensation. Is the customer in delay of fulfillment of the contract, and is still unable to produce after the sellers given grace period, or refuses to do so completely, the seller has the right to either withdraw from the contract or charge compensation in the amount of 25% of the purchase price, if the goods are already in stock, and/or the order of the supplier cannot be cancelled, in all other instances compensation amounts to 10% of the purchase price.
§ 6 Transfer of Risk
The risk to be responsible for the purchase price, even in case of loss or damage, transfers upon handover of the goods to the forwarding agent, carrier or person in charge of shipment.
§ 7 Delivery
(1) Delivery deadlines and times are arranged between the parties.
(2) In case the seller fails to meet our obligations in due course, the buyer has to grant an adequate extension of time.
(3) Events that are neither foreseeable, avoidable, nor subject to our control, cases of force majeure; shortages of labor, energy, or raw materials; actions by administrative bodies; as well as difficulties in obtaining authorizations, in particular import and export licenses, extend the delivery period for the length of the disturbance and its effects. In the event the delivery date is determined by the calendar, the subsequent time period commences upon its expiry.
(4) The right of the purchaser to claim damages instead of performance in compliance with the legal provisions is not prejudiced.
§ 8 Default in Taking Delivery
(1) In case the buyer does not respond or refuses payment and/or receipt of the goods, after an adequate extension of time has expired, the seller´s right of contract fulfillment remains. He has the option to withdraw from the contract and/or request compensation according to Number 3 instead.
(2) If the buyer´s default extends 30 days, he has to cover storage fees.
The seller may store the goods at a warehouse.
(3) In case of high damages, like e.g. custom pieces, the seller reserves the right to assert a claim of proven higher damages instead of the fixed compensation.
§ 9 Retention of Title
The goods remain property of "Cygal Art Deco" until the purchase price has been paid in full. As long as the customer is not the legal title holder, he is not entitled to resale. In case of seizure of the goods, or any 3-rd party access, under reservation of property rights, the client is obliged to clarify the details of ownership to the 3-rd party, and immediately inform "Cygal Art Deco".
§ 10 Warranty
(1) Claims of defects by the client require that he has met his legal duty to inspection and objection. The Customer must report obvious defects in writing without delay, but no later than within two weeks of receipt of the goods; the customer shall otherwise be barred from exercising such warranty rights. Punctual sending shall be sufficient for observance of the deadline. The client shall bear the full burden of proof for all requirements, in particular for the defect, the date of the defect, and due notification of the defect.
(2) Defects are to be documented via digital- or printphotograph and to be sent to „Cygal Art Deco“ in writing via email, fax or letter.
(3) The buyer has the right to subsequent fulfillment of contract; the supplier shall have the choice of remedy for the defective delivery item either through the correction of the defect (improvement) or delivery of a defect free item (subsequent delivery).
If the additional performance is faulty, not provided in a timely manner, or if the seller refuses, the buyer may decrease the purchase price or withdraw from the contract. Chooses the client to declare withdrawal, he has to return the defect goods and to pay value compensation for the benefits already made. For the inquiry of the value of benefits it depends on the time-proportionate linear depreciation in the comparison between actual use duration and prospective life duration.
The warranty does not extend to such defects occuring due to natural wear and tear, damp, intense heat, exposure to intense sun- or artificial light, adverse temperature or weather conditions or any improper handling or unsuitable storage. See product care guidelines for proper treatment of our furniture.
(4) Bespoke items based on custom design by the client are exempt from warranty.
(5) Warranty claims expire to extent permitted by law, within one year after acceptance of the goods.
§ 11 Place of General Jurisdiction
If the client is merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction is the seller´s principal place of business. This shall also apply if the buyer has no domestic place of general jurisdicton, or has transferred his place of residence or habitual abode to a country other than Germany after conclusion of the contract, or if the Customer's residence or habitual abode is unknown when the legal action is filed.
§ 12 Governing Law
The contract shall be governed exclusively by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here.
§ 13 Final Provisions
The invalidity of individual regulations of the general terms and conditions of this contract does not affect the remaining provisions.
All prices shown are net prices in eur. A deduction or discount is not possible. It can only be offset against undisputed or legally established claims. Deliveries under the intra-Community acquisition are carried out tax-free if the customer provides a valid tax identification number. Export deliveries are exempt from VAT.<o:p></o:p>