General terms and conditions as of November 2019
Our offer is aimed exclusively at companies within the meaning of Section 14 of the German Civil Code (such as industry, trade, craft and the liberal professions) as well as the public sector and is not intended for private end consumers. These general terms and conditions apply to all our offers and contracts for deliveries and services, even if a reference should no longer be made later. Deviating terms and conditions of the customer are non-binding for us even if we do not expressly contradict them. The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is the registered office of the seller. The place of jurisdiction is the place of jurisdiction for the registered office of the seller. The seller is also entitled to sue in a court responsible for the buyer's registered office or branch. The ineffectiveness of individual provisions of this contract or its components does not affect the effectiveness of the other regulations. The contracting parties are obliged to replace an ineffective provision with an effective regulation that is equivalent to their economic success, provided that this does not lead to a significant change in the content of the contract. The same applies if a matter requiring regulation is not expressly regulated.
2. Offers, prices
The offers and prices are generally in euros, subject to change and plus statutory VAT, unless gross prices are expressly stated. Technical changes, color deviations, price changes and prior sale are reserved. Unless expressly stated otherwise, the prices for the items shown apply as described. Information on technical data, dimensions and weights are to be understood as approximate values customary in the industry. Item properties that go beyond those described in the catalog are not guaranteed. All products are intended for decoration and / or equipment purposes.
3. Contractual partner
The purchase contract is concluded with Visual Creation GmbH & Co.KG, Trierer Straße 12, 68309 Mannheim, Germany HRA707059. VC Verwaltungs GmbH, based in Mannheim, is the personally liable partner.
4. Conclusion of contract
The presentation of the products in the catalog is not a legally binding offer, but a non-binding product presentation. By submitting the order you are placing a binding order for the goods. This is not yet the acceptance of the contract by Visual Creation GmbH & Co.KG. After checking the availability, you will receive an email from us at the email address you provided. Upon receipt of this email, the contract for the products you have ordered and mentioned in the order confirmation is concluded. The specification of a delivery time is at its best discretion as an approximate value and is extended appropriately if the buyer delays or omits necessary or agreed cooperation. The same applies to measures in the context of industrial disputes, in particular strikes and lockouts as well as the occurrence of unforeseen obstacles that are beyond the will of the seller, e.g. delay in delivery by a pre-supplier, traffic and operational disruptions, material or energy shortages, etc. Also changes made by the buyer Delivered goods lead to a reasonable extension of the delivery period.
5. Shipping and costs
Our prices are exclusive of packaging, postage and delivery costs. You can find a detailed overview in our catalog. The freight and packaging costs are shown separately on our order confirmations and are an approximate and non-binding statement. Transports are billed according to daily prices. The customer or his authorized personnel are responsible for unloading the delivering vehicles. The volume can be requested from us before delivery. Deliveries outside normal business hours must be coordinated before dispatch.
Payment must be made immediately after receipt of the invoice without any discount. Other terms of payment only apply if they have been agreed in writing and confirmed by us. In the case of custom-made products, which are goods that are not listed in the catalog, 40% of the total order amount is due when the order is placed - 60% before delivery. The first order is always made by bank transfer. You will receive our bank details when you send the order confirmation. When ordering through our online shop, the payment options listed there apply.
7. No pickup or packing stations
We only deliver by post. It is not possible to collect the goods yourself. We also do not deliver to packing stations.
8. Retention of title
The goods remain our property until all claims arising from the business relationship have been fulfilled in full. Resale or processing in the ordinary course of business is permitted. In the event of resale, you are now assigning your claims against your customer in the amount of the claim to which we are entitled, which we hereby accept. In the case of processing, this is done for us. If the goods are processed with other objects that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of our goods to the other objects at the time of processing. The same applies in the event of mixing.
9. Transport damage, obligation to inspect and notify
Please report any visible transport damage immediately when the goods arrive. Visible transport damage must be noted on the freight documents by the carrier and counter-confirmed by the carrier. Otherwise, damage processing is not possible and the transport insurance is not liable. In these cases, please contact us immediately on +49 621 7899820. In addition, the goods must be checked for obvious defects immediately after delivery within 24 hours. If a defect becomes apparent, we must be notified of this immediately in writing.
10. Passing of risk, defects, warranty
The risk passes to you as soon as the goods have been dispatched. Shipping and packaging are done with our best care. The warranty period for material defects is 12 months. The period begins with the transfer of risk. Within this period, defective goods are to be repaired free of charge or new delivered at our option. In the case of assembled items such as Christmas lights, only the defective goods are exchanged - however, no reassembly and reassembly. Lighting items such as fairy lights and lighting objects are excluded from any guarantee, since these are consumables. If a notice of defects is raised, you may only withhold payments from the same contractual relationship and only to the extent that is reasonable in relation to the reported defect.
11. Exchange and return
A return of the goods is generally excluded.
12. On-site assembly
If assemblies are carried out at your site by our assembly team, the written preparatory work and permits must be completed by the client on time. The installation prices quoted by us in offers are approximate. If, due to circumstances for which we are not responsible, such as preparatory work that has not been carried out, extreme weather conditions for outdoor work, delay work or further journeys are necessary, these must always be invoiced. A subsequent calculation is carried out at € 55.00 per mechanic hour, plus the additional flat rate of € 120.00 per man / day.