1) General
The Rat für Formgebung Service GmbH (hereinafter referred to as »RfF«) of- fers goods for sale. These General Terms and Conditions of Business form the exclusive basis for all goods and services provided under the purchase agreement concluded between the RfF and the buyer. The Terms and Condi- tions of Business of the buyer will not be recognised even if the RfF does not expressly object to them in individual cases.
2) Establishment of a contract of purchase
The order placed by the buyer represents an offer to the RfF to conclude a purchase agreement. A purchase agreement comes into being only when this has been explicitly stated by the RfF or the RfF sends the ordered product to the buyer. All offers are valid as long as the products in question are in stock and available for delivery.
3) Delivery
3.1 Delivery is made ex warehouse at the expense of the buyer. The shipping costs will depend on the destination as well as the weight and size of the products shipped. They will be individually calculated for each order.
3.2 For deliveries outside the European Union, import duties such as import tax, customs duties and customs fees may be incurred which must be paid by the buyer. These vary depending on the customs area. The buyer is responsi- ble for payment of the customs duties and fees incurred. Import fees are not included in the shipping costs.
3.3 The ordered goods will be delivered in a timely manner. The goods are insured with the carrier up to the amount of € 2,500.00. If there is externally visible damage to the shipping packaging, the buyer is requested to check the contents of the delivery directly in the presence of the carrier and to have the damage confirmed in writing immediately.
4) Cancellation
4.1 The buyer can cancel the purchase agreement in writing or by returning the goods within two weeks after receipt of the goods, insofar as the buyer is a consumer. This provision does not apply to goods already used or damaged by the buyer (even if the packaging is damaged) as well as individualised products and CDs. The cancellation period begins with the date of receipt of the goods by the buyer.
4.2 In the event of exchange or return of the goods, the recipient and sender must be clearly marked. The RfF requests that the buyer pay the required amount of postage. Freight collect returns will not be accepted by the RfF. Returns from non-EU countries must be accompanied by the required cu- stoms documents. Should buyers have any further questions, they should contact the RfF directly.
5) Payment
Within Germany, the RfF will supply goods charged on invoice. For sales abroad, the RfF will only supply goods that have been paid for in advance. Companies from third countries (outside the EU and EFTA) are obliged to provide a company certificate.
6) Liability for defective items
6.1 If there is a defect in the purchased goods, the buyer can demand supple- mentary performance (rectification of defects or replacement). If the rectifi- cation of defects is not successful in cases in which defects are not insigni- ficant, the buyer can withdraw from the purchase agreement or reduce the purchase price.
6.2 Unless otherwise specified below, further claims of the buyer, regardless of the legal grounds, are excluded. The RfF is not liable for damage not incur- red on the delivered goods themselves. In particular, the RfF is not liable for financial losses or other pecuniary losses suffered by the buyer.
6.3 The aforementioned liability limitations do not apply insofar as the cause of damage arises from intent, gross negligence or injury to persons. Moreo- ver, the liability limitations do not apply if the buyer asserts claims under the German Product Liability Act.. Insofar as the RfF negligently violates a material contractual obligation, the duty to pay compensation for property damage is limited to the damage typically incurred in such cases.
7) Data protection
You declare that you agree to your data being processed and used by the German Design Council. You likewise agree that the German Design Council shall be entitled to transmit this data to its partners for purposes of informa- tion. All personal data will be processed solely and exclusively in pursurance of the statutory regulations set out in the Federal German Data Protection Act and Telemedia Act.
8) Other conditions
8.1 German law shall apply to the exclusion of the UN Sales Law. The court of jurisdiction for all disputes arising directly or indirectly out of the contrac- tual relationship between the RfF and the purchaser shall be Frankfurt am Main, providing that the purchaser is a registered business person within the terms of German trading law (Vollkaufmann).
8.2 If any of the aforementioned conditions should prove inoperative, the rest remain operative in respect of contracts concluded. The appropriate sta- tutory provisions shall be taken to apply in place of the inoperative clause.
8.3 The RfF shall not be responsible for minor discrepancies between the depiction or description and the original items and reserves a right to such minor discrepancies.
8.4 Prices shall be as currently advertised.
Rat für Formgebung Service GmbH
Messeturm
Friedrich-Ebert-Anlage 49
60327 Frankfurt am Main