The following General Terms and Conditions shall apply to all contracts, deliveries and other services. We hereby expressly object to any deviating provisions of the contractual partner. All subsidiary agreements require written confirmation on our part. Libre GmbH is entitled at any time to change or amend these General Terms and Conditions including all possible appendices with a reasonable period of notice. Orders received prior to this date will be processed in accordance with the old General Terms and Conditions still valid at that time.
Our offers are non-binding. Small deviations and technical changes compared to our illustrations or descriptions are possible. The respective catalog loses its validity with the publication of a new edition.
3. delivery and payment
The customer accepts our terms of delivery and payment with his order.
The prices are in EURO incl. the legal value added tax ex warehouse of the dispatch.
Our terms of payment are as follows: Domestic - prepayment after invoicing Direct debit - cash on collection Foreign - prepayment after invoicing.
The dispatch is carried out at the expense of the customer by the post office, a parcel service or by a forwarding agency of our choice.
The goods are handed over ex our factory or the warehouse of our supplier. The goods shall be deemed to have been handed over as soon as they have left the warehouse.
Complaints can only be considered within 8 days after receipt of the goods. They must be notified to us in writing. Defects in a part of the delivery cannot lead to a complaint about the entire scope of delivery. Claims for damages are expressly rejected. In the event of justified defects, the goods will be exchanged or the value of the goods will be credited or the purchase price refunded. Goods to be exchanged must be in an unused, perfect condition when returned. Returns only after prior consultation and free of charge. Unfree returns, even in the case of a justified complaint, will not be accepted. In the case of a justified complaint, we will refund the shipping costs for the most favorable shipping method.
Custom-made products are excluded from exchange.
Cancellation of the order is possible within 24 hours after placing the order.
We are not liable for direct and indirect damages caused by our goods as well as warranted characteristics.
We reserve the right to make changes to the form and design of our articles in the interests of further development of the products.
We reserve the right to make errors in prices, illustrations and texts.
The goods remain our property until full payment has been received. Subsequent deliveries will only be made after full payment of all outstanding invoices.
Place of performance is the registered office of the supplier, place of jurisdiction is the registered office of the supplier.
Should individual parts of these conditions be legally invalid, the validity of the remaining conditions shall not be affected.
There is no minimum order quantity. All our prices include the legal value added tax in the amount of currently 19%. We reserve the right to make a partial delivery, if this seems advantageous for a speedy processing. Special forms of shipment requested by our customers will be charged with a local surcharge.
4. delivery times
Goods that are in stock (we are not liable for transport problems) will be shipped within 5 days. If the goods are not in stock at the time of order, we will try to deliver as soon as possible. If the non-observance of a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended accordingly. In the event of non-compliance with the delivery period for reasons other than those mentioned above, the Buyer shall be entitled to set a reasonable grace period in writing with the threat of refusal and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service included in the contract. If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both we and the purchaser may withdraw from the contract if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfillment, including those that have arisen up to the point of withdrawal from the contract, are excluded. Unless a legal representative of Libre GmbH has acted with intent or gross negligence.
5. right of return
We guarantee a right of return within 14 days for unused goods. The return period is met by sending the goods in due time (invoice date). The return will be accepted by us only if it is sufficiently stamped. The right of return is not valid for price reduced goods and on the occasion of special sales promotions.
6. transfer of risk
The risk is transferred to the buyer with the dispatch of the goods by Libre GmbH.
Libre GmbH guarantees that the sold goods at the time of the transfer of risk is free of material and manufacturing defects and has the contractually guaranteed properties. Upon arrival, the customer must immediately inspect the goods for defects and condition. In the case of obvious defects, these must be reported to us in writing within 10 days of discovery, as must hidden defects. Otherwise the warranty for these defects is void. The warranty period is 6 months from delivery. In the case of complaints, the date of purchase must be proven with an invoice. The claimed item must be sent together with a copy of the invoice, sufficiently stamped. The warranty does not cover normal wear and tear. The warranty expires if the customer changes the delivered goods. Fa. Libre GmbH has the right to repair free of charge during the warranty period. A partial or complete exchange of the article is permissible. If defects are not remedied within a reasonable period, the buyer is entitled to rescission or reduction. § 476a BGB (German Civil Code) shall apply.
8. reservation of proprietary rights
Until full payment, the goods remain the property of the company Libre GmbH.
9. data storage
In accordance with § 28 of the Federal Data Protection Act (BDSG), we draw attention to the fact that the data required in the course of business are processed and stored by means of an EDP system in accordance with § 33 (BDSG). Personal data will of course be treated confidentially.
10. the name "Dyck-Carts" is protected by trademark law.
11. place of jurisdiction
Place of performance and jurisdiction for both parties is the registered office of Libre GmbH. The law of the Federal Republic of Germany applies exclusively.