terms and conditions
§1 Scope of application
1. Our deliveries, services and offers are based on our sales and delivery in their latest version. The conditions of purchase or other different arrangements will only apply to be accepted if they are confirmed by us in writing as an adjunct to these sales.
2. References or acknowledgments of the buyer with regard to its purchasing conditions are hereby expressly excluded.
§2 Offer and contract conclusion
1. Our offers are not binding until accepted by the buyer and can therefore be written until the declaration of acceptance revoked by us at any time.
2. All orders and contracts, and any special assurances in writing(order)confirmation by us. This form can only be waived by written agreement.
3. In drawings, brochures, price lists, etc. contained here in are binding unless the yare explicitly not included in our offer and /ororder confirmation.
1.Unless otherwise stated, we are bound by the information contained in our offerprices for 30days from its date.
3.The prices are valid only for each completed job. Additional deliveries will be charged separately.
4.Unless otherwise agreed,prices are ex works in Germany, plus the applicable sales tax. Additional costs such as packaging, transportation insurance, customs, etc., and installation will be charged separately.
1. Unless otherwise agreed, the orders with payment in advance are payable. Invoices are payable within 10days(existing customers only) after the invoice date without deduction.
2. For outstanding bills are paid by the buyer each to cover the longest outstanding debt.
3. Payment by bank draft or check is not cash dar. This will only be accepted zahlungsbar. All with the ad option, dissemination and collection of bills discounting and collection expenses in curred, fees and taxes are payable by the purchaser.For timely submission of bills, checks and other instructions are we not obliged.
4. If the buyer defaults, then we are entitled, by that date interest at ther atech arged by commercial banks for overdrafts,but at least to calculate the amount of 5% above the rate of the Deutsche Bundesbank.
5. If the buyer's payment obligations despite a request for payment does not comply with a check or bill of exchange or payment ceases, then we are entitled to the entire balancedue immediately,even if we accepted checks or drafts. We are in this case is also entitled to refus e us still in cumbent services until the customer brings the consideration paid or security for it.
6. The buyer may offset or exercise his right of retentiononly if we have accepted the counter-claims or counter-claims have be enlegally established.
1. The scope of delivery the information on the Order Confirmations hall prevail.
2. We have the right to make technical changes to make the merchandise if it gives the technical functionis not impaired. An obligation to do our part,however.
3. As the delivery time is specified in the order confirmation date. The delivery deadline is met, if up to its expiry the goods have left our factory or our readiness for shipment to the buyer is in formed.
4. Is the buyer is an end user, claims for damages are excluded due to delivery delays, unless gross negligence or intent.
5. The above rule applies to claims for damages because of subsequent impossibility.
6. Can the buyer, despite the scheme in Section 3 and 4 argue for slight negligence claims for damages, the damages will be limited to the fore seeable typical damage caused by delayin concluding the contract. Claims for loss of income are excluded in any case.
7. Of the provisions in Section 3-5. Any withdrawal will not affect the rights of the buyer.
8. If the buyer has delayed acceptance of the expenses incurred by us to replace. In this case, we are also entitled to have otherwise been set and the expiry of are a sonable grace period and to supply the purchaser with a reasonably extended period.
§6 Act of God
1. If we are prevented from fulfilling our obligation by the occurrence of un foreseen exceptional circumstances, the delivery period shall be extended to a reasonable extent.Isimpossible by the above circumstances,the delivery or service, we are released from the obligation to deliver.
2. The provision insection 1 also applies in case of strikes and lockouts.
3. If the hindrance lasts longer than 3 months, the buyer is entitled to a reasonable grace period to withdraw fromthe unfulfilled part of the contract.
4. If, in the above cases,the delivery time or if we are released from the delivery obligation, any possible damages derived the refrom and withdrawal rights of the buyer except in Section 3 regulated the right to rescind
§7 Passing of risk
If the goods are sent to the buyer, then goes to their delivery to the shipper, the latest upon leaving the factory or warehouse, the riskof accidental destruction and accidental deterioration of the goods to the buyer regardless of whether theplace of delivery of and who bears the freight charges. This applies even if the shipment is made by ourselves.If the goods are ready for shipment and the shipment is delayed or decrease for reasons that weare not responsible, the risk passes to the receipt of notification of readiness for shipment to the buyer.
§8 Warranty and Complaints
1. The buyer is obliged to check the delivered goods supplied by us immediately upon receipt for defects.
2. Complaints must inform us immediately to notify the latest 8 days after receipt. Hidden defects must be notified immediately up on discovery. When not being notified of complaints or defects, the following purpose buyer's warranty rights are excluded.
3. If the delivered goods are defective or miss guaranteed properties or is defective within the warranty period, we have the exclusion of further warranty claims by the buyer the choice that
a) will be sent the defective part or equipment with freight prepaid for repair and subsequent return to us;
b) replace the defective part or faulty goods from us will be new parts or products;
c) the buyer receives a credit.
4. If the buyer requires that the warranty work be performed at a designated location, we can meet this demand, which are not calculated under warranty covered parts, while the travel costs at our standard rates are replaced by the buyer.
5. Let us fails within are a sonable period of grace, without the 3 digit in a) to c) to have exercised options listed, the buyer has a right to cancellation or reduction.
6. No warranty claims of the purchaser
- Defects caused by improper treatment;
- If the delivery item is modified by incorporation of foreign parts;
- If legal or adopted by us and built-treatment requirements of the buyer or his customers are not followed.
7. Turns out that the short age is due to circumstances that we are not obligated to warranty, the buyer must compensate us for all costs in curred for this purpose.
8. Warranty claims may only be the buyer and are not transferable. Unless other wise agreed, our warranty obligation is compliant with the law of the invoice date. The warranty applies only to putters have been used within the application parameters and environmental conditions defined by G-lines, ie only when used correctly. The 30 year guarantee covers proven material and manufacturing defects. Excluded are wearing parts such as putter grip, continue to be excluded are consequential costs of all kinds. For repairs and spare parts as well as for customer services that are made after the expiry of the warranty period, 3 months from date of invoice.
§9 Other claims for damages
1. Compensation claims from positive breach of contract,negligence in contractor tort are both ruled against us and against our vicarious agents or assistants,unless intentional or grossly negligent.
2. As far as we are liable for damages arising out explicitly guaranteed property claim to the extent of the damage is limited to the extent of the warranty and the contract for foreseeable losses. Claims for loss of income are excluded in any case.
3. Claims for damages for violations of trademarks, patents, patent applications, utility model or design shall be excluded unless gross negligence or malicious intent by us or our officers. As far as we are taken by the purchaser due to violations of intellectual property rights of third parties,the buyer proof of this defect has only done when it is entered against him a final judgment was rendered.
§10 Retention of title
1. The delivered goods until full payment of all claims arising from this business relationship between us and our property buyers.
2. The buyer is entitled to resell the reserved goods in the ordinary course of business, a pledge or assignment is permitted only with our written consent. The buyer is obliged to secure our rights in the resale of reserved goods on credit.
3. The demand of the purchaser from reselling the reserved goods, the buyer already now, we accept the assignment. Regardless of the assignment and our preemptive rights of purchaser to collect payment as long as entitled as he fulfills his obligations towards us and will not become insolvent. At our request, the purchaser must notify the information necessary to collect the assigned claims and notify the debtors of the assignment.
4. Any working or processing of reserved goods by the buyer for us without causing us any obligations. When processing or combination of the reserved goods with other goods not belonging to us, the resulting co-ownership to the new object in proportion to the billing values. The purchaser shall keep our co-ownership of the new item free of charge.
5. If reserved goods are resold together with other goods, then the top of the debt in the amount of the invoice value of the goods.
6. About foreclosures third in the reserved goods or the claims assigned in advance of the customer must immediately notify us by handing over the documents necessary for an intervention.
7. In breach of contract by the buyer - especially for late payment - we are entitled to take back the reserved goods at the buyer's expense or to demand assignment of the claim if the buyer against third parties.
8. If the value of us passed our claims, a total of more than 20%, we are at the request of the purchaser, the above securities in excess of 20% share of our choice.
§11 Right of withdrawal
1. As a consumer you have - subject to § 11 (4) and (5) the exceptions - in writing the right to have their contractual statement within two weeks without giving reasons (eg letter, fax, e-mail) or by returning the goods to to revoke G-Lines. To comply with the two-week revocation period is sufficient to send the revocation or the goods to us.
The revocation must be sent to:
G-Lines Andreas Geßler
D-89423 Gundelfingen / Germany
2. The two-week revocation period begins with the receipt of the goods and the associated transfer of the attached revocation.
3. In the event of a cancellation, you are no longer bound to your order. Both sides are to return the services received and any benefits (eg interest), ie goods received shall be returned to G-lines (see address above), any payments will be refunded by us to the customer. Can you give us the goods in whole or in part, or only in deteriorated condition, you must pay us compensation for the value. This does not apply if the impairment is solely on their examination - as you would in a retail store - is due. Otherwise, you can avoid having to pay compensation by not using the goods like an owner Take and use anything that could reduce its value. Transportable items are to be returned at our risk of G-Lines (see address above). During a return from a goods delivery whose order with the inclusion of VAT totaling up to € 40, - is, you have to bear the costs of return if the delivered goods ordered. Otherwise, the return is free of charge. Obligations to reimburse payments must be made within 14 days after sending your cancellation.
4. The right does not apply to contracts for the supply of goods that are produced to customer specification or clearly personalized needs of customers are cut and the delivery of audio and video recordings or software if the delivered data carriers have been unsealed by you.
5. Your right of cancellation expires prematurely, if G-Lines has begun to provide the service with your express consent before the cancellation period or you have arranged these (eg downloads, etc.).
§12 Technical amendments
1.The rights to the running of G-Lines developments and further developments are not included in the offer, the same applies to the development of documents and data.
2.The acquisition of these or similar rights, including further marketing rights requires a separate contractual agreement.
3. We reserve the right to change the design, shape and color of the product in each of the prior art. The representation in photographic and pictorial form may differ from the original product.
§13 Data Protection
Unless expressly agreed otherwise, provided to us in connection with orders shall be considered confidential information. We process personal data for contract execution and maintenance of current customer relationships. We reserve the right, you propose based on the obtained information possibly a different method of payment.
§14 Place of Performance, Applicable Law, Jurisdiction and Severability
1. Place of payment, D-89423 Gundelfingen.
2.These terms and conditions and all legal relationships between us and the buyer the right of the Federal Republic of Germany to the exclusion of the uniform sales law.
3. The exclusive venue for any and all of our contractual relationship is directly or indirectly from the D-89407 Dillingen and at our discretion, the jurisdiction of the purchaser.
4. If any provision of these Conditions of Sale or provision of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected. In such a case the invalid provision must be interpreted in the sense, or supplement, that the intended economic purpose of the invalid provision will be achieved in a legally permissible manner.