Terms & Conditions

Terms & Conditions

Terms & Conditions

General Terms and Conditions of ALMA Import Export GmbH, Godshorner Str. 19, 30851 Langenhagen, Germany

 

General basis
These General Terms and Conditions of Business and Delivery apply to all contracts concluded between ALMA Import Export GmbH (hereinafter referred to as the “Company”) and the Buyer, as well as to all other agreements made within the scope of the business relationship.
Services and deliveries of goods shall be made exclusively to resellers and to commercial consumers. The customer is obliged to use purchased goods exclusively for resale or within the scope of his own business.
General terms and conditions of the Customer shall not become part of the contract, even if they are not expressly contradicted by the Company. In the event that the Customer does not wish to accept the following general terms and conditions of business and delivery, he shall notify the Company of this in writing prior to the conclusion of the contract. By placing the order the buyer acknowledges the validity of German law for the placed order and its execution.

 

Conclusion of contract
The conclusion of the contract requires the written confirmation of the Company to be legally effective. The written confirmation can be replaced on the part of the company by implied actions, such as delivery of goods and / or invoicing.
Verbal agreements / contractual arrangements made by employees shall become effective only upon written confirmation by the Company’s management.
All invoices of the company are payable according to the printed terms of payment.
The date of crediting on the account of the Company is decisive. In case of default, at the latest two weeks after receipt of the invoice and performance of the service, the Company is entitled to charge interest in the amount of 10 percentage points p.a. above the respective base interest rate.
A set-off with counterclaims by the Customer is only permissible if the counterclaim has been expressly acknowledged in writing by the Company.
The Customer shall bear bank charges incurred due to insufficient funds in a Customer’s account and/or non-payment of direct debits on Customer’s accounts and/or checks.

 

Delivery
The place of performance is the registered office of the company in Hamburg.
The delivery time is set by the company ALMA Import Export GmbH. We exclude claims for damages due to delay. In the event of force majeure, operational disruptions for which we are not responsible, strike.
The company is entitled to make partial deliveries, whereby each partial delivery is legally considered to be an independent contract. The disposal of packaging material is the responsibility of the customer.

 

Retention of title
The sold goods shall remain the property of the Company until full payment of all claims arising from the business relationship – irrespective of the legal basis.
The customer is entitled to resell the goods in the normal course of business. This authorization does not include the pledging and / or transfer by way of security. The right to resale shall expire in the event of default of payment by the Customer or in the event of an application for the opening of insolvency proceedings against the assets of the Customer. Limitation of liability.
The Company shall not be liable for the goods ordered and delivered being suitable and / or approved for the purposes envisaged by the Customer.

 

Notification of defects
Notification of defects must be made in writing to us by the customer immediately, at the latest within one week after receipt of the goods at the place of destination. If notices of defects are accepted by us, then the buyer can only demand rectification or replacement.

 

Price and payment conditions
Payments to us are to be made without discount or other deduction. In all other respects, the terms of the written contract or our written order confirmation shall apply to payment.
Each payment is at the expense and risk of the buyer.
The prices quoted by us shall apply only to the individual order; repeat orders shall be deemed to be new orders.
All costs caused by late payment, such as reminder fees, collection fees and the like shall be borne by the buyer.
In the event of late payment, we shall be entitled, at our discretion, to withdraw from the contract or to claim damages.

 

Taking back goods
There is no obligation on our part to take back goods without defects acknowledged by us. In the event that we take back the goods, the goods shall be credited in accordance with their condition, the ascertainment of which must be carried out by an expert to be appointed by us at the request of the purchaser. The costs of the expert shall be borne by the customer.