General terms of conditions
Jean Pierre Rosselet Cosmetics AG, An der Reeperbahn 2, 28217 Bremen, Deutschland.
- All deliveries, services and offers of the seller within Germany shall be exclusively carried out based on these General Business Terms and Conditions. These are part of all contracts, which the seller concludes with its contractual partners (hereinafter also referred to as “Customer”) regarding the deliveries and services offered by it. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not agreed separately once again.
- Business Terms and Conditions of the Customer or a third party shall not apply, even if the seller does not object to their validity separately in an individual case. Even if the seller makes reference to a letter that contains Business Terms and Conditions of the Customer or of a third party or refers to such, this shall not constitute a consent to the validity of those Business Terms and Conditions.
- Agreements and collateral agreements reached in an individual case shall have precedence over these Business Terms and Conditions. A written contract or the written confirmation of the seller shall be decisive for the content of such agreements.
§2 Offer, conclusion of contract
- All offers of the seller are without obligation and non-binding insofar as they are not explicitly marked as binding or contain a certain acceptance deadline. The seller can accept purchase orders or orders within fourteen days after receipt.
§3 Prices and payments
- The prices shall apply to the scope of services and deliveries listed in the order confirmations. Additional or special services will be charged separately. The prices are deemed in EURO ex warehouse plus the applicable rate of value added tax on the day of the invoicing.
- In case of orders of less than EUR 50.00 the seller shall charge EUR 4.90 postage and packaging costs.
- Invoice amounts are to be paid by advance payment, PayPal or credit card without any deduction.
§4 Deliveries and delivery time
- Deliveries shall be made ex warehouse.
- Prospective deadlines and dates for deliveries and services stated by the seller shall always only apply as approximate times, unless a fixed deadline or a fixed date is explicitly promised or agreed. Insofar as shipment was agreed delivery deadlines and delivery dates shall refer to the time of the hand-over to the carrier, freight forwarder or other third party commissioned with the transport.
- The seller can – irrespective of its rights from default of the Customer – an extension to delivery and service deadlines or a postponement of delivery and service dates from the Customer by the period of time, in which the Customer does not satisfy his contractual obligations towards the seller.
- The seller shall not be liable for impossibility of the delivery or for delays in delivery, insofar as these were caused by force majeure or other events that were not foreseeable at the time when the contract was concluded (e.g. interferences to operation of all kind, difficulties in the material or energy procurement, transport delays, strikes, lawful lock-outs, shortage of workers, energy and raw materials, difficulties with the procurement of necessary official permits, official measures or the omitted, incorrect or late supply by the supplier), for which the seller is not responsible. Insofar as such events render the delivery or service substantially more difficult or impossible for the seller and the impediment is not only temporary, the seller is entitled to rescind the contract. In case of temporary impediments, the delivery or service deadlines shall be extended or the delivery or service dates shall be postponed by the period of time of the impediment plus a reasonable start-up time. Insofar as the acceptance of the delivery or service is not deemed reasonable for the Customer as a result of the delay, he can rescind the contract by a written declaration towards the seller without delay.