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We only do importation and wholesale. We sell to the trade only an do not sell to final no private customers
General Terms and Conditions
for our commercial resellers
of Anderswelt-Import;
Our products that are manufactured by craftsmen as well as our essential oils may present small unevennesses and little variations in colour, pattern or size. We would like you to be to tolerant.
GENERALITES
for the commercial reseller
The general terms and conditions brought to the buyer’s attention are applicable for any order placed to the seller; in the case of an already existing business connexion also if there isn’t made any specific agreement for follow-up or further orders. Differing agreements or arrangements are only binding if they are individual agreements. Charges resulting of ambiguities and misunderstandings with orders that have not been placed in written form are for the buyer’s account. Differing verbal accords or agreements the buyer has made with persons who offer the seller’s sales program with or without being authorised to offer it are only effective after having been confirmed in written form by the seller, the assistances’ [Erfüllungsgehilfen] rights and duties being excepted. If one or several provisions of the supply contract and / or these conditions were ineffective or null and void, the validity neither of the contract nor of these general terms and conditions will be affected. The seller is authorised to replace ineffective or null and void provisions by regulations that are effective by law and whose commercial success corresponds as far as possible to the ineffective provision.
Missing items
for the commercial reseller
Shortages and missing items will not be provided by a subsequent delivery. We would like you to place a new order.
Warrantee
for the commercial reseller
Returns of items require a prior consultation.
Tel. ++49-(0)7394-916399
We will find a solution for all problems.
Please contact us.
We always try to find the adequate solution to your problem or question.
Customers in the European Union are requested to present their reclamations in written form by fax to the no. ++49-7394-916388 or by mail to: Contact-Formular
andersweltimport ( a ) googlemail.com
(theme-mail is not indicated about spam)
The shipping charges will be for the buyer’s account.
We do not accept the receipt of any shipping whose charge is not pre-paid without any prior telefonic agreement.
In respect of the nature of the goods that we distribute, the rectification of defects is not possible. If the subsequent fulfilment by means of a substitute delivery fails, the customer can basically choose whether he demands for a markdown of payment [Herabsetzung der Vergütung] or for the cancellation of the contract. In the case of an insignificant contrariety, especially in case of insignificant defects, the customer is not entitled to his right of withdrawal.
Contractors must tell in writing apparent defects within two weeks effective from the receipt of the goods.
Order Acceptance / Delivery Times
for the commercial reseller
We are already known for our immediate deliveries.
As most of the items that we distribute are natural products (herbs, essential oils, craftwork products from wood) the supply of which is limited, we accept any order under reserve of availability. Generally the buyer is bound to his order at the most for six weeks. This does not apply if the frustration of delivery is due to an Act of God, to the fault of the customer or to other circumstances for which the seller is not responsible. If an agreed date of delivery is exceeded by the seller, the customer is entitled to withdraw from the contract after the unsuccessful expiration of an additional respite the buyer had set. The seller is entitled to suspend the delivery during the period of the obstruction or to withdraw completely or partially from the contract if there is an Act of God concerning the seller, the pre-supplier, the transportation or the enterpriser charged with the shipment. If the execution of an order the seller had accepted will be completely or partially impossible because of any other circumstance not due to his proper fault, the seller is entitled to limit or to cease the agreed delivery without being obliged to any subsequent delivery. Claims for damages due to delayed or omitted delivery are excluded, excepted the distant selling law [Fernabgabegesetz] is applicable.
Despatch
for the commercial reseller
The despatch of the goods is made at the buyer’s risk and expense. Deliveries that are free of carriage are also made at the buyer’s risk. We assume no liability for any damages caused by DPD during itinerary. (We are always very broad-minded to our customers and always try to find a satisfying solution.)
The lump-sum for forwarding charges contains the costs for shipment and packing material.
The lump-sum for forwarding for all parcels up to 31,5 kg
(within Germany is 6,90 € par parcel).
Forwarding costs for parcel to foreign countries are at the actual costs. Shipments are free of forwarding costs for all orders exceeding 1000.- € for Germany and exceeding 2000.- € for Switzerland and European Countries.
If the buyer refuses to accept delivery, the seller is entitled to claim for damages because of the non-execution of the order and either to claim for 25 % of the actual purchase price without being obliged to proof the actual damage or to claim for indemnity of the actual damage. Insurance against losses or damage in transit or breakage is only made on specific demand of the buyer and at his expense. Losses or damages in transit are to be reported by the buyer immediately to the forwarding agents charged with the shipment and are to be communicated simultaneously to the seller by information via copy/duplicate.
Offer and prices
for the commercial reseller
Our prices are in Euro, strictly net, plus the statutory value added tax and are ex place of despatch.
The prices indicated in our price lists are without obligation and subject to confirmation. Price changes specially due to changes in currency exchange rates, petroleum price, forwarding costs or other costs, are possible at any time and without prior notice. Changes of rates, freight or customs occurring during delivery time entitle the seller to change the prices accordingly also after the conclusion of the contract. The seller is entitled to cancel a binding offer or to withdraw from contract, if the buyer is in arrears with his payments.
Quotations made by the seller are without obligation, samples are not binding, descriptions and analyses are approximate. The exact description of the goods results form the invoice. All quotations are made in Euro, unless otherwise stipulated. Contracts accomplish by the consignment of the goods. Price changes of products purchased by the seller entitle the seller to change appropriately the agreed purchase price also after the conclusion of the contract. Unless otherwise agreed in an individual contract, the price setting is made in Euro, with prices from our price lists being valid on the day of the delivery plus the statutory value added tax ex stock.
Order Quantities
for the commercial reseller
The minimum order value is 100 Euro.
For all orders below this minimum order value we will charge a low quantity surcharge of 7,50 € plus, if applicable, the C.O.D. charge.
Payment terms
for the commercial reseller
For all orders by fax or on the Internet, the reseller has the following payment possibilities:
Deliveries Germany:
PayPal, Visa or MasterCard, American Express, prepayment or C.O.D.
Deliveries to foreign countries:
only PayPal, Visa or MasterCard, American Express or prepayment.
We will communicate you the amount of the invoice and the bank account number by mail or by fax.
(For safety reasons we will not publish here our bank details)
Foreign Countries: please communicate us your value added tax identification number (VAT Reg.No.).
Place of Performance / Place of jurisdiction
for the commercial reseller
Unless other stipulation made in the confirmation of the order, our place of business is also the place of performance. For all litigations, also cheque and bill protests, our place of business is also the place of jurisdiction, when the partner is complete merchant [Vollkaufmann], a legal person under public law [juristische Person des öffentlichen Rechts] or a separate estate under public law [öffentlich-rechtliches Sondervermögen]. We are also entitled to take legal proceedings at the buyer’s domicile. Place of performance for deliveries and payments is Schelklingen. Place of jurisdiction is Ulm Germany.
Applicable Law
for the commercial reseller
The contract is exclusively subject to the law of the Federal Republic of Germany. The application of the »Convention on contracts for the international sale of goods« (CISG) is excluded. The language of the contract is the German language. The translation in other languages is only for information and not biding. For our customers outside German-speaking countries an English and French translation is added as an integral part of the contract (or catalogue on Cd-rom in PDF). Terms provided by a contractual partner that are contrary to our above mentioned terms are not authorative, unless acknowledgement by our management.
Last update: June 2005
Anderswelt-Import
Owner: Johannes Zugmaier
Steigstr.15
89601 Schelklingen
Germany
Phone: ++49-(0)7394-916399
Telefax: ++49-(0)7394-916388
E-Mail
andersweltimport ( a ) googlemail.com
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Epilogue
About 60 % of our products are of our own production, and are protected Community designs (decoration) throughout the EU that have been registered in Alicante (Spain). http://oami.eu.int
We reserve the right to lodge a complaint against piracy and counterfeiting!
In Short
See the following excerpt (translated in English) from the Internet-site: http://www.zoll.de/b0_zoll_und_steuern/d0_verbote_und_beschraenkungen/f0_gew rechtsschutz/a0_marken_piraterie/index.html
Combat of Piracy and Counterfeiting a producer of brands always tries to catch with his products the spirit of the age. It is essential for him to present the right product at the right moment in the market. This means also to make out and to satisfy the customers’ needs. In short, to be trendy is nowadays an essential quality in order to compete in the market. Not everyone reaches this goal. It requires a lot of energy and a lot of money.
These efforts are not always recompensed adequately.
What for the brand producer often is a particularly difficult venture, seems to be no problem for the counterfeiter. The plagiarist or counterfeiter seems to recognise always the tendencies in the market which is not surprising, as he does not create his own trends but does only what he knows to de best: to copy. This bears no risks, saves a lot of energy and above all a lot of money.
Piracy and counterfeiting
Piracy and counterfeiting is the illegal use of emblems, names, logos (brands) and corporate appellations used by brand producers to mark their products in trade. Piracy is the illegal imitation and multiplication of goods, of which the legitimate producers hold the invention, design and proceeding rights. The brand and product pirate assumes in an illegal way the technological knowledge that a business company has acquired by a long and hard work and by enormous financial means in order to use it for his products. He uses the popularity of a brand that a brand producer has achieved by selling products of high quality to cheat the consumer on the actual origin of the goods and on the quality. This means for the rights holder to react in time and to protect himself by all means. The damage caused by piracy and counterfeiting is enormous.
Places of employment
The financial loss caused to business companies by counterfeiting as well as the financial expense to combat piracy involve perforce economies. Trade associations estimate that a great number of jobs in the EU and in Germany get lost by piracy.
Product safety
Consumers
In the fan article domain the price of a counterfeit product differs hardly from the price of the original. But a counterfeit article at a low price is not worth its low price paid for it.
Customs seizure proceedings at the frontier
The customs authorities offer by the means of the customs seizure proceedings at the frontier an effective instrument for the rights holder to counter product pirates. The customs seizure proceeding helps to avoid that counterfeit articles that come mainly from foreign countries get into the retail trade and are offered to consumers.
The language of the contract is German. The English translation is only for information and is not binding.
The safety sections in the automotive and aviation industries are more and more concerned by counterfeit products. Counterfeited friction brake pads or safety valves are no longer an exception. Missing agents in pharmaceuticals can have fatal consequences.While the quantity of customs seizures in the years from 1988 to 1994 was about 1.000 seizures, they increased to 500 in 1995, to 983 in 1996 , to 1.368 in 1997 , to 2.013 in 1998 , to 2.188 in 1999 , to 3.178 in 2000 , to 2.427 in 2001 , to 3.427 in 2002 und up to 3.461 in 2003 .
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