Conditions of Use
Conditions of use
1. Scope of application
These general terms and conditions underlie all delivery transactions, unless otherwise specifically agreed in writing, either generally or through a one-off agreement. Contradictory terms and conditions of the customer are overridden by the following conditions.
Edition Margaux considers all orders by fax and telephone, as well as over the internet, as binding if they are confirmed in writing or if the product has been sent for delivery and/or an invoice has been issued. A confirmation in writing of all orders made by telephone should be with Edition Margaux the next day; if a confirmation in writing is not present, Edition Margaux does not accept any liability for the correct delivery and the associated consequences. Verbal statements made by representatives or employees of Edition Margaux require the written form in order to be valid.
Offers and orders are non-binding up until confirmation of the order and/or sending of an invoice. These is also valid for orders made to representatives of Edition Margaux.
3. Delivery and shipment
The delivery time commences with the receipt of the order. If an agreed delivery date is exceeded by more than 4 weeks, the Customer is entitled to set an extension of 6 weeks and to withdraw from the contract should the extended deadline not be met. The withdrawal must be declared in writing. Further claims are excluded. Partial deliveries are permissible. With regard to this, in case of punctual delivery, withdrawal is not possible. In case of force majeure, industrial action, government measures as well as other unforeseeable events, which, despite reasonably expected precautions, cannot be avoided - irrespective of whether they affect Edition Margaux, the deliverer or a third person - the delivery time or period of acceptance can be extended by the reasonable length of the obstruction, even if such events came about within an already present delay.
Edition Margaux reserves the right to adjust prices incurred through a rise in prices, a change in the exchange rate, changes in transportation charges and other services four months after conclusion of the contract.
All shipments shall be at the risk and for the account of the Customer from the moment of the handover to the postal service or the transportation companies, even if destruction or deterioration of the delivery item is caused by hazard or force majeure. Edition Margaux will not replace items lost or damaged through transport. If the shipment or delivery of the goods is delayed at the request of the Customer, the risk shall pass to the customer upon the written notice of the readiness to deliver.
Goods are only insured against transport damages at the specific request and at the expense of the Customer.
All consignments shall be sent by what Edition Margaux regards as the cheapest method as a matter of course. Specific dispatch instructions require the written form and must, as the case may be, be paid for additionally.
In case of delays in delivery or performance or if delivery or performance is impossible through the fault of Edition Margaux, claims of damages and compensations are excluded, unless Edition Margaux is guilty of intent or gross negligence.
If the Customer fails to accept the goods, Edition Margaux is entitled to withdraw from the contract or to demand damages due to non-fulfillment. In case of the latter, Edition Margaux is entitled to demand either 25% of the recommended retail price without evidence of the damage or a refund of the actual damage caused, unless the customer can prove costs incurred are lower.
4. Guarantee, Liability
The goods should be examined immediately after delivery by the Customer or an authorised individual to detect any transport damages. The Customer should have damage to the packaging confirmed in writing by the transport company when accepting the goods. Packaging and delivery documents should be retained.
Objections by agents may only be taken into account if Edition Margaux receives notice of deficiencies within seven days after receipt of the goods; the deciding factor is the date of the post stamp. Damage through transport should be reported within 24 hours to the courier.
In case of defect goods, Edition Margaux reserves the right to repair or replace it. If the Customer has not paid the purchase price when claiming defects, Edition Margaux can, instead of repair or replacement, entitle the Customer to payment of an appropriate proportion of renumeration or of the payment price. If the repair or replacement of the goods fails a second time, whereby appropriate time and opportunity must be granted, the Customer may at their discretion reduce the remuneration for the supplier or withdraw from the contract. If the Customer does not grant the supplier opportunity for replacement or repair, they shall lose entitlement to warranty.
Edition Margaux does not accept liability for defects which have not come from the delivered object itself.
5. Consignments on approval
Consignments on approval are only possible in a limited manner and only with a particular agreement. Should the return by date agreed to in writing and printed on the receipt be exceeded, Edition Margaux is not obliged to take back sent items. In this case an invoice would be due. Sound carriers, videos and software products cannot be sent for the sole purpose of viewing.
Return consignments from regular subscriptions are only accepted on the explicit authorization of Edition Margaux. On taking the delivery, the credit shall be made if the product is in a resealable condition.
The customer shall return all items free of postal charges, unless the return is due to an incorrect delivery, damaged goods, non-compliance with an explicitly set delivery deadline which was explicitly accepted by Edition Margaux or through delivery of a product with a new, substantially higher retail price which was not properly declared.
7. Postage and Packing Expenses
The receiver bears the costs of postage including packing.
8. Retention of title
All delivered goods remain property of Edition Margaux until full payment of all outstanding bills which Edition Margaux is entitled to and ones that could be still occurring existing as stipulated in the Terms and Conditions (in the case of payment by cheque or bill of exchange, up until they are redeemed).
The Customer is entitled to the resale of the supplied commodity or the article developed from the processing at anytime revocably in the context of its normal business concern. Based on these business conditions, the Customer assigns Edition Margaux all of his receivables with all ancillary rights generated by any resale and the business relationship with their customers in an amount commensurate with the claim to be paid to the seller. The assigned claims serve to secure all entitlements according to paragraph 1.
The Customer is entitled and obliged to collect the relinquished money as long as Edition Margaux does not revoke this right. The authorisation of collection is also cancelled without revoke, if the Customer stops the payment. The Customer is not authorised to other disposal over the goods under retention or the money relinquished to Edition Margaux, for example to pledge product or assign it as security. The Customer must inform Edition Margaux without delay of any impairment of rights of the goods which are the property of the Edition Margaux. The Customer bears all costs of an intervention.
The Customer must store the delivered goods under reservation of title separately and permits representatives of the Edition Margaux to visit and appropriately check the inventories and to return Edition Margaux goods or those of its representatives upon demand and without delay if, in the opinion of Edition Margaux, even after conclusion of the contract, the credit relationship of the Customer does not seem suitable for the granting of credit.
9. Terms of payment
Invoices will be sent with the goods and are due immediately. Possible bank charges must not be to our disadvantage.
Edition Margaux reserves the right to perform orders from companies in default without prior notice only in cash or by advance payment. If an advance payment is not provided within an appropriate time frame, Edition Margaux is entitled to withdraw from the contract.
If the Customer falls behind with payments or if conditions become known that put the credit worthiness of the Customer into question (e.g. non-redemption of a cheque), all claims will be immediately due. Edition Margaux is then entitled to effect an outstanding delivery only against advance payment or provision of security.
Offsetting and rights of retention due to counter claims are excluded unless the counter claims are recognised in writing or legally determined.
10. Place of Performance - Place of Jurisdiction
Governing law is that of the Federal Republic of Germany.
Place of performance is Brühl. Place of jurisdiction for all claims and legal disputes resulting from the contractual relationship, including bills of exchange and documents, is Brühl even if the Customer is a trader, a public commercial entity or a special fund under public law, or if the Customer has no general place of jurisdiction in Germany, relocates his place of residence or place of habitual abode after conclusion of the contract, or if their place of residence or place of habitual abode is not known at the time the complaint is raised.
11. Binding Effect of the Contract
The effectiveness of the remaining provisions shall not affected by the possible ineffectiveness of one or more provisions. In this event the invalid clause should be construed or amended, so that the economic purpose of the invalid clause be best achieved.
12. Follow-up business
These general terms and conditions underlie all other business relationships between the Customer and Edition Margaux, insofar as they are not superseded by a newer date.