Terms of business and delivery – position in February 2008

1. General considerations

The following terms and conditions are valid for all business transactions, including future ones. Said terms are valid even when no specific reference is made to them. They are understood to be accepted at the latest when merchandise is accepted. Currently valid price lists, general agreements and / or agents’ contracts, special conditions and indications for individual products are supplementary to them. Special offers are always free. Testers, samples, illustrations and measurements in catalogue and prospects are approximate visualisation objects. We reserve the right to make alterations in measurements, structure, weight and colour of the goods. The customer is bound to his or her order for 1 month. Confirmations of orders for goods are not issued. If the delivery note contains extensions, restrictions or other modifications regarding the client’s order, it is understood that the client consents unless he or she immediately contradicts this in writing.

2. Prices / payment

If there is no specific agreement regarding prices the price lists in force on the day of delivery are valid plus the legally applicable value added tax. The minimum order fee is 100 Euros plus V.A.T. For orders of up to 300 Euros (net value of goods) we calculate a 15 Euro package and postage charge. We do not charge package and postage for orders of above 350 Euros. If no special agreements are reached our invoices must be settled in advance. For orders with a net value of over 300 Euros we guarantee a 3% discount, for orders with a net value of over 400 Euros we guarantee a discount of 4% and for orders with a net value of over 1000 Euros we guarantee a discount of 6%. We are entitled to make partial deliveries. No claims can be made as a result of delivery. The customer will only have the right to retain payments or make counter-claims if said counter-claims are recognised or ascertained by law.

3. Delivery

Liability is transferred to the customer as soon as the goods have left our establishment, also in the event of partial deliveries.
Force majeure, official obligations and difficulties in obtaining materials will release us from delivery obligations for the duration of the situation. We are entitled to withdraw from the contract if fulfilment of the contract is not expected for the aforementioned reasons.
In this event the purchaser is also entitled to withdraw from the contract.
If, three weeks after the expiry of a nonbinding delivery term, the customer sets us an additional term of 30 days for fulfilment – bearing in mind the legal exceptions – and this term is not honoured, according to legal regulations the customer is entitled to decline the service within a further period of two weeks. The additional term must be stipulated in writing and be specifically described as such and the notification must point out that the goods will be declined after the term has expired.

4. Property reservation

We reserve all copyright and property rights for samples, drawings, photos and information of a physical or non-physical nature, amongst others – and also in electronic form – for ourselves. They may not be made available to third parties without prior written consent from ourselves. Any usage for personal ends, in particular of our brands, is only possible during and within the course of the current deposited agreement.
5. Guarantee

We only accept returns after prior written approval. A credit not may be issued – if certain preconditions exist – but no money returns will be made. In the event of complaints, the goods in question must not be used or resold. The resale of the goods is tantamount to approval of them and contractual fulfilment and excludes claims for defects.
The customer must inform us promptly in writing of damages incurred during transportation and document them with the delivery firm. Differences in measurement, content, colour, materials and weight that are unavoidable due to the production process are admissible within the limits usually tolerated in the industry.
For material and legal defects in delivery we make the following guarantees, with the exclusion of further demands (subject to the liability regulations of these terms and conditions):

As a guarantee, all parts proving to be faulty as a result of circumstances occurring before the transfer of risk will be replaced according to our choice free of charge. The ascertainment of said faults must be made to us promptly in writing. Replaced goods are our property. The customer has the right to withdraw from the contract, within the framework of legal stipulations, if we allow a suitable additional period of at least 30 days imposed on us for replacement delivery due to material defects to expire fruitlessly, bearing in mind legal exceptions.
Erosion is excluded. No misuse or improper usage, normal wear and tear (in particular of packaging), incorrect or negligent handling or storage, chemical or environmental influences – unless we are responsible.

6. Final clauses

All claims under guarantee expire 12 months after delivery.
In the event of ineffectiveness of any individual clauses the effectiveness of the remaining clauses and the contract as a whole will be unaffected.
Spanish law is valid for the terms of the contract. The place of fulfilment and court of jurisdiction is Palma de Mallorca.