General Terms and Conditions of Lotus Transfer Press Solutions GmbH & Co. KG
1. General Information and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) of Lotus Transfer Press Solutions GmbH & Co. KG (hereinafter referred to as “Lotus”) shall apply to all contracts between Lotus and our commercial customers outside of Germany concerning the sale of goods and services. They apply only if the customer is a company or a businessman pursuant to Section 14 of the German Civil Code (BGB), a corporate entity under public law, or a special fund under public law. The GTC remain subject to individual negotiations and agreements, which have priority.
In the version valid at the time of the customer’s last order or, alternatively, in the version last communicated to the customer, the GTC shall also apply to similar future contracts without any obligation on our part to refer to them in each individual case.
General terms and conditions set by our customers shall not become binding, even if we do not expressly repeat the rejection of them. We hereby reject any contrary confirmations of our clients with reference to their own terms of business or purchase.
2. Contractual Partner
Your contractual partner is:
Lotus Transfer Press Solutions GmbH & Co. KG
Managing Director: Odette De Pasquali
Anklamer Str. 38
Registration number HRA 48834 B, District Court Berlin-Charlottenburg
VAT ID number: DE291050508
Please contact our customer service for any queries or complaints you have:
Tel.: +49 30 405045845
Fax: +49 30 405045888
Web: www.lotustransfers.com, www.lotus-shopping.com
Our office hours are: Monday to Thursday 9am-5pm, Friday 9am-2pm.
3. Customer Account for Lotus Online Shop
Customers must have a registered account in order to access and use our online shop. Only commercial customers can set up accounts and place orders online. Lotus reserves the right to decline registration requests and to delete accounts.
For the online registration you must provide all mandatory information. Approval may take up to 2 working days. You are responsible for assuring that all information entered is correct, and for keeping personal log-in details secure and confidential.
4. Conclusion of Contract
The product descriptions on our website (www.lotustransfers.com), in our online shop and catalogue serve for the purpose of submitting an offer to buy. All prices are subject to confirmation and are non-binding; misprints and errors are reserved.
You can place an order by phone, fax, email or post. Your order constitutes an offer to Lotus to buy goods and/or services. All orders are subject to acceptance by us. Acknowledgement of your order by us is for information purposes only and does not constitute an acceptance of your order. In that acknowledgement, we may give you an order reference number.
If we are able to fulfill your order, we will confirm acceptance within two working days. The contract between you and Lotus is only formed when such acceptance is sent to you in writing (email, fax, letter) or by delivery of the goods.
5. Product Information and Representation
We shall take reasonable measures to ensure that all information, descriptions and prices of products appearing on our websites and catalogue are correct at the time you place an order. Product details on the website are provided for information purposes only: shades of colour may vary due to technical reasons (e.g. ambient light, the settings of your screen or graphics card) and measurements are as accurate as possible.
6. Prices and Payment Methods; Counterclaims and Right of Retention
The product prices on our website and catalogue are - unless otherwise indicated - in Euro, and do not include VAT, freight or shipping, costs of customs clearance, insurance, (cash) discounts, installation, training or other supplementary services.
Orders must be paid in advance, either by bank transfer or PayPal. We reserve the right to exclude a payment method, even after we receive your order.
Our bank details are:
Lotus Transfer Press Solutions GmbH & Co. KG
For payments via PayPal please use our email address email@example.com.
The invoice amount is to be transferred to our account within 30 days. If payment is not made in time or if a direct debit is rejected, we will charge a EUR 10,00 service fee and are entitled to withdraw from the contract.
If you select to pay cash on delivery within Germany, cash is to be paid to the UPS delivery driver when the consignment is handed over to you, plus cash on delivery charges totalling EUR 4,00.
6.3. Counterclaims and Right of Retention
Payments may be withheld because of, or set-off against any counterclaims, only if your counterclaims are legally decided on in court, undisputed or accepted by us in writing.
You can only exercise a right of retention if the claims ensue from the same contractual relationship.
7. Shipping Costs and Customs
Each item has its own shipping costs. Shipping costs relate directly to size, weight, number of packages, shipping company and value of the product, and differ depending on the country to which the delivery is made.
Detailed shipping information can be found in this overview.
For deliveries effected outside of the EU, custom fees and import taxes may also apply. All additional costs and customs compliance duties must be borne by you. Customs policies vary widely from country to country. Contact your local customs office for further information. For deliveries outside of Germany, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products.
8. Delivery, Passing of Risk, Retention of Title
Goods are made ready for dispatch promptly after receipt of your payment.
Available transfer materials will be made ready for dispatch within 1 working day after receipt of your payment. Heat transfer presses that we have in stock in Berlin are ready for dispatch within 3 working days. If only available in our Milan warehouse, the presses will be shipped to you directly from Italy. This may extend the delivery time. If items are not in stock, manual presses will be assembled and made ready for dispatch within 7 working days, pneumatic presses within 14 working days and custom-build presses within 4 weeks.
Delivery is made within Germany and to the following countries:
Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Great Britain, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Portugal, Romania, the Slovak Republic, Slovenia, Spain and Switzerland.
Depending on the carrier (UPS, DHL, forwarding agent) and the place of destination, delivery takes place between 1 and 6 working days within Germany or between 2 and 14 working days outside of Germany.
Transfer materials are delivered within Germany by UPS (UPS standard shipping) directly into your premises or residential home. Presses, plotters and printers are delivered by a forwarding agent (within or outside of Germany) and only up to the kerbstone edge (in front of your premises or residential home). Further transportation has to be taken care of by you.
8.2. Passing of Risk
The risk of damage or loss of the goods shall pass over to you as soon as we hand over the respective goods to the package delivery company or forwarding agent.
8.3. Retention of Title
The sale is subject to retention of title. We retain the right of ownership in the goods sold until all our current and future claims (including interest and costs) under the purchase contract and an ongoing business relationship are paid in full.
9. Manufacturer’s Warranty (“Herstellergarantie”)
On Lotus Heat Transfer Presses Lotus assumes a manufacturer’s warranty obligation according to the following conditions:
The manufacturer’s warranty applies only to Lotus heat transfer presses. We grant all purchasers a one-year manufacturer’s warranty for material and workmanship on all our heat transfer presses. For our customers in Germany, Austria and Switzerland, we grant a two-year manufacturer’s warranty.
If defects occur within the warranty period that are not due to damage as a result of improper use or an electrical/mechanical overloading, we will, at our discretion, either replace/repair the product or send you a replacement part, unless you or a third party have already undertaken a repair attempt.
Warranty services are provided only when the press is delivered within the warranty period and if a copy of the original invoice is submitted. Before returning the defective product with the invoice copy, please contact us by phone or by email so that we can inform you of the address for shipment:
Telefon: +49 30 40504580
Fax: +49 30 405045888
If the warranty claims are justified, we will bear the costs of returning the press.
The execution of the warranty does not effect an extension or a restart of the warranty period.
The warranty conditions apply provided that they do not conflict with the respective national law. Your statutory warranty rights are not affected by this warranty declaration.
10. Statutory Warranty (“Gewährleistung”)
As a commercial customer (“businessman” pursuant to Section 14 of the German Civil Code), you are obliged to examine the goods within a period of 7 working days after delivery and to inform us in writing (email, fax or letter) of any defects within another 3 working days. Otherwise the goods are regarded as being approved in respect of these defects or of any other defects that could have been identified after such competent examination. Hidden defects discovered later than this period must be indicated to us in writing within 4 working days after their discovery. We shall not be liable for any defect that has not been timely reported.
If the delivered goods are defective, we reserve the right to choose whether we meet the statutory warranty by remedying the defect or by delivering a replacement.
The warranty period shall be 1 year and begin with the delivery of the goods.
11. Other liability
We shall not be liable to pay any compensation to you for
• losses that were not caused by our breach of these GTC,
• damages that were not a foreseeable consequence of us breaching these GTC,
• loss of profits or loss of opportunity.
Nothing in these terms shall limit or exclude our liability for
• death or personal injury,
• losses incurred due to intent or gross negligence of our employees or agents,
• for breach of major contractual duties for which we can be held liable.
12. General Information on Returns of Defective Goods
Returns of transfer materials and of other equipment are usually handled by UPS, heat transfer presses and plotters are collected by our forwarding agent. In certain countries, however, Lotus may suggest a different return solution than UPS. Please contact us so that we can arrange an appropriate solution for your individual situation.
12.1. Return of Transfer Materials and Equipment
Once we receive your request to return a defective transfer material or other defective equipment, we will send you a UPS return label and a delivery note to fill out. If you are not served by UPS on a daily basis, please contact UPS online at www.ups.de or by calling +49 (0)1806 882663 to schedule your pickup. Please have the return delivery note prepared and the UPS return label sticked on the parcel at the time of collection.
12.2. Return of Heat Transfer Presses and Plotters
Returns of defective heat transfer presses and plotters are handled by our forwarding agent. Please contact us so that we can instruct the forwarding agent to collect the press or plotter.
12.3. Avoiding Damage of Goods and Packaging
Please avoid damaging and staining the goods or their packaging. If possible, send the items back to us together with all accessories and any packaging parts. Return machines only in their original packaging. If you no longer have the original packaging or if it is damaged, we will send you a new one (EUR 25,00 plus shipping costs and VAT). In regards to all other items (transfer materials and equipment) we would greatly appreciate if you use the original packaging, or at least other suitable packaging and filling material (such as pieces of newspaper), that sufficiently protect the goods against damage when in transit.
13. Governing Law and Place of Jurisdiction
13.1. Governing Law
The present GTC and the contractual relationship between Lotus and our customers are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2. Place of Jurisdiction
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the sole place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship shall be Berlin, Germany. The same applies if you are a businessman within the meaning of Section 14 German Civil Code. However, in all cases we shall be entitled to lodge an action at the place of performance of the delivery obligation in accordance with these GTC or at your general place of jurisdiction.
Berlin, November 2016