Terms and conditions
Terms and Conditions
These general terms and conditions apply to all business relationships between Elite Screens Europe GmbH, hereinafter referred to as "Elite Screens", and the customer, in particular to all contracts concluded via an Elite Screens online shop or via an online marketplace connected to Elite Screens, concluded contracts. The General Terms and Conditions apply regardless of whether the customer is a consumer, entrepreneur, merchant or tradesman. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
The customer also recognizes them as binding for all future transactions. Deviations require the written consent of Elite screens.
The customer's general terms and conditions do not apply, even if Elite screens does not expressly contradict them.
The website www.elitescreens.biz is operated by:
Elite Screens Europe GmbH, a company registered in Germany with its registered office at Rudolf-Diesel-Straße 32, 24558 Henstedt-Ulzburg, Germany
Our sales tax identification number is: DE 258551118.
Our contact details are as follows:
Trading address:
Rudolf-Diesel-Strasse 32,
24558 Henstedt-Ulzburg,
Germany
General email: shop@elitescreens.eu
Telephone: +49 (0) 41018589003
Managing Director: Erik Schuldt
§ 1 Scope
By accessing this website and/or placing an order, you agree to these terms and conditions. By using this website, you agree to these terms and conditions, regardless of whether you register with us or order from us. If you do not accept these terms and conditions, you must not use this website.
These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB). We only recognize the purchaser's conditions that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
Any provisions that conflict with or deviate from the customer's terms and conditions of sale do not apply unless Elite Screens has expressly agreed to their validity in writing.
These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature (note: as a precautionary measure, please read the order confirmation, pro forma invoices or invoices created by us)
Individual agreements made with us (Elite screens Europe GmbH) in individual cases (including additional agreements, additions and changes) always take precedence over these terms and conditions of sale. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
Elite Screens reserves unrestricted ownership and copyright rights to drawings, technical documents and other know-how information. They may not be made available to third parties without the express written consent of Elite Screens.
Using the content provided by Elite screens transfer the liability and any related legal consequence, whatsoever.
§ 2 Contractual partners, offer and conclusion of contract
If an order is to be viewed as an offer in accordance with Section 145 of the German Civil Code (BGB), we can accept it within two weeks or 14 working days.
1. The purchase contract is concluded with Elite Screens Europe GmbH.
2. By placing the products in the online shop, we make an offer for these items.
a) You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction aids provided and explained in the ordering process. The contract is concluded as soon as we accept your orders in written form, such as an order confirmation or by email.
b) The scope of services provided by Elite Screens is determined by the specifically agreed order after the order confirmation.
3. A binding contract can also come about beforehand as follows:
c) If you have chosen the PayPal payment method, the contract is concluded at the time you confirm the payment instruction to PayPal. The language available for concluding the contract is German.
d) We save the contract text and send you the order data and our general terms and conditions by email. You can also view and download the General Terms and Conditions here on this page at any time. You can view your past orders in our customer login.
§ 3 Documents provided
All documents provided to the customer in connection with the placing of the order - including in electronic form - such as: B. Calculations, drawings, etc., we reserve ownership and copyright. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in Section 2, these documents must be returned to us immediately.
§ 4 Prices and payment
Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be charged seperately.
In addition to the stated product prices, there are shipping costs.
Payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of a discount is only permitted if there is a special written agreement.
Unless otherwise agreed, the purchase price with the invoice as payment method is payable for payment without any deductions within 10 days of delivery or payable within 14 days of invoicing
Interest on late payments will be charged at a rate of 9% above the respective base interest rate. The assertion of a higher damage caused by default remains reserved.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wages, materials and sales costs for deliveries made 3 months or later after conclusion of the contract.
Delays in delivery and performance that are beyond the control of Elite Screens Europe GmbH and its partners, delays in delivery and performance that are beyond the control of Elite Screens Europe GmbH and its partners and that make delivery or performance significantly more difficult or impossible, such as strikes, lockouts, official orders, epidemics/pandemics Elite Screens Europe GmbH; not even for fixed appointments. This also applies if such circumstances occur at suppliers or their sub-suppliers. In this case, the agreed deadlines and dates will be extended accordingly. Elite Canvases will inform the customer as soon as possible about the occurrence and duration of such obstacles.
The goods are delivered by Elite Canvases or a transport company Elite Canvases commissioned by Elite Canvases.
The customer, who is a consumer within the meaning of § 13 BGB, is requested to immediately report any externally visible transport damage to the delivery person (forwarding agent/postman) and have it acknowledged by him.
If there are reasonable indications of a risk of non-payment, Elite Canvases reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If Elite Screens Europe GmbH makes use of the advance payment reservation, Elite Screens will inform the customer immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
All claims are due upon invoicing.
If the customer is a consumer within the meaning of § 13 BGB, payment is generally made, as far as this is possible in the respective online shop or online marketplace, either by cash on delivery, advance payment, by invoice, via PayPal, by credit card or by direct debit Collection. When paying by direct debit (PayPal or credit card), the account will be debited after the order has been completed. When paying by invoice, the invoice amount is due - unless otherwise agreed - within 7 days of receipt of the invoice. The customer is automatically in default if he does not pay the invoice within 14 days of receipt of the invoice, without requiring a further reminder from Elite Screens.
If the customer is a merchant / entrepreneur / tradesman, payment is made online or by arrangement.
If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), payment is generally made, as far as this is possible in the respective online shop or online marketplace, either in advance, by invoice, via PayPal or by credit card. When paying by direct debit (PayPal or credit card), the account will be debited after the order has been completed. When paying by invoice, the invoice amount is due - unless otherwise agreed - within 7 days of receipt of the invoice. The customer is automatically in default if he does not pay the invoice within 14 days of receipt of the invoice, without requiring a further reminder from Elite Screens.
If the customer is a merchant / entrepreneur / tradesman, payment is made online or by arrangement.
Attention to Carrier and Consignee: Visible damage and shortages must be noted on the shipping document before signing, or in some cases, the customer should refuse to accept the damaged packages from the carrier.
§ 5 Retention rights
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.
In the event of a delay in delivery not caused intentionally or through gross negligence on our part, we are liable for a flat-rate compensation for delay of 3% of the delivery value for each full week of delay, but not more than 15% of the delivery value.
Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon shipment
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
§ 8 Retention of title
We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to demand the return of the purchased item if the purchaser behaves in breach of contract.
The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their new value at his own expense (note: only permitted when selling high-quality goods). If maintenance and inspection work needs to be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.
The purchaser is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the customer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended. (Note: This clause does not apply if an extended retention of title is not desired.)
The processing or transformation of the purchased item by the purchaser is always carried out on behalf of us and on behalf of us. In this case, the purchaser's expectant right to the purchased item continues with the converted item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to us and stores the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us those claims that arise against a third party as a result of the connection of the reserved goods with a property; we accept this assignment now.
We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.
§ 9 Warranty and notice of defects as well as recourse/manufacturer recourse
The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
The customer must inspect the delivered goods immediately upon receipt and report defects in writing immediately, at the latest within 10 days of receipt of the goods or, in the case of hidden defects, within 10 days of discovery. In the event of transport damage, a damage report must be drawn up immediately to secure any claims for damages against the transport company (post office, railway, freight forwarder, etc.) and sent to Elite screens immediately, at the latest within 10 days.
Claims for defects expire 12 months after delivery of the goods we have delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, body and health that are based on an intentional or negligent breach of duty by the user. (Note: when selling used goods, the warranty period can be completely excluded, with the exception of the claims for damages mentioned in sentence 2). To the extent that the law stipulates longer deadlines in accordance with Section 438 Paragraph 1 No. 2 BGB (buildings and items for buildings), Section 445 b BGB (right of recourse) and Section 634a Paragraph 1 BGB (construction defects), these deadlines apply. Prior to returning the goods our permit is to be requested.
If, despite all care taken, the delivered goods have a defect that was already present at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of the defect. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.
If subsequent performance fails, the customer can withdraw from the contract or reduce the remuneration - without prejudice to any claims for damages.
Claims for defects do not apply if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear, or if damage occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources, defective construction work, unsuitable building ground or arise due to special external influences that are not assumed under the contract. If repair work or changes are carried out improperly by the customer or third parties, there are no claims for defects for these or the resulting consequences.
Claims by the customer due to the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs including possible dismantling and installation costs, are excluded if the expenses increase because the goods delivered by us are subsequently delivered to another location has been transported to the purchaser's branch, unless the transport corresponds to its intended use.
The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally binding claims for defects. Paragraph 6 also applies accordingly to the scope of the purchaser's right of recourse against the supplier.
Claims for material defects for used devices are excluded.
§ 10 Cancellation
If the customer is a merchant / entrepreneur / tradesman, the right of withdrawal is not assumed. However, if a cancellation is accepted, Elite Screens Europe GmbH reserves the right to charge cancellation fees of 15 to 25%.
§ 11 Limitation periods for entrepreneurs/traders
Deviating from Section 438 Para. 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects for entrepreneurs is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.
The aforementioned limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. The customer's claims for damages in accordance with Section 11 Paragraph 3 are based exclusively on the statutory limitation periods.
§ 12 Final provisions
This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation (Note: The use of the clause is not permitted if at least one of the parties is a company not registered in the commercial register, i.e. not a merchant/ is not a merchant.)
All agreements made between the parties for the purpose of executing this Agreement are set out in writing in this Agreement.
§ 13 Severability clause
Should any provision of these Terms and Conditions of Sale be or become invalid in whole or in part, this will not affect the effectiveness of the remaining part of this provision or these Terms and Conditions of Sale as a whole.
Appendix 1: Notes
Although the clause prohibitions of the catalog provisions of §§ 308, 309 BGB in accordance with § 310 Paragraph 1 BGB do not apply to general terms and conditions that are vis-à-vis entrepreneurs. S.d. § 14 BGB, it cannot automatically be assumed that the use of clauses such as those mentioned in §§ 308, 309 BGB against entrepreneurs will normally withstand the content control of §§ 305 ff. BGB. According to Section 307 Paragraph 1, 2 No. 1 BGB, which also applies to the use of general terms and conditions for entrepreneurs, in cases of doubt, unreasonable disadvantage to the contractual partner can be assumed if the clause with essential basic principles of the legal regulation from which the deviation is made does not exist is compatible. According to case law, this leads to the catalog of clause prohibitions in Sections 308 and 309 BGB also gaining indirect significance in commercial transactions via the interpretation of Section 307 BGB.
The clause prohibitions of Section 308 of the German Civil Code (BGB) can generally be transferred to sales between entrepreneurs because the commercial characteristics are taken into account in their scope of assessment. On the other hand, with the prohibitions of Section 309 BGB, such a blanket solution is not possible, but the violation of Section 309 is also an indication of the ineffectiveness of the clause when selling between entrepreneurs. It is advisable to have a case-by-case review carried out by a legal expert before using the General Terms and Conditions.
Transparency requirement
This requirement means that, in case of doubt, a clause in general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable. This requirement means that non-transparent clauses per se are to be regarded as ineffective, without the addition of an unreasonable disadvantage to the contractual partner in terms of content. This also means that the transparency requirement also applies to price regulations and service-describing clauses, which are generally excluded from content control.
§ 14 Severability clause
Note: Movable property other than building materials
new:
- Buyer is consumer: 2 years
- Buyer is entrepreneur: 1 year
needed:
- Buyer is consumer: 1 year
- Buyer is entrepreneur: none
§ 15 Other
Note: Movable property other than building materials
Obligation to report defects
For non-obvious defects, the notice period for defects may not be set in the General Terms and Conditions for less than one year. The start of the period is the start of the statutory limitation period.
Reimbursement of expenses for subsequent performance
In accordance with Section 439 Paragraph 2 of the German Civil Code (BGB), the seller must bear the expenses necessary for the purpose of supplementary performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions.
Limitation on subsequent performance
In the case of a defective item, the buyer can choose to rectify the defect or deliver a defect-free item or, if the conditions are met, also demand compensation. Only if the supplementary performance is not successful, not possible or unreasonable can the buyer – secondarily – assert warranty rights: withdrawal or reduction. Restrictions solely on supplementary performance are ineffective if the other party to the contract is deprived of the right to a reduction if supplementary performance fails.
Limitations of Liability
Any exclusion or limitation of liability for damages resulting from injury to life, body or health that is based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user is invalid.
