284/B Battersea Park Road
Director: Ettore Moraschinelli & Arne Schubert
T 0800 085 6660
London & Wales
Company Reg No.: 7566684
General Terms & Conditions of allbranded Ltd
a. All deliveries, services, offers of the allbranded Ltd (in the following "allbranded") are subject to these general terms and conditions. These are an integral part of all contracts between allbranded with its contracting partner (hereinafter also referred to as "Customer" or "Purchaser") of the deliveries or services offered allbranded. They also apply to all future deliveries, services and offers to the customer, even if they are not agreed upon separately.
b. Terms and conditions conditions of the customer or third parties shall not apply even if their validity allbranded don't separately contradict in individual cases. Even if allbranded receives a letter containing the terms and conditions of the customer or a third party or refers to such points, shall not agree with the validity of those terms and conditions.
2. Offer and conclusion of contract
a. All offers of allbranded are subject to confirmation and are non-binding, unless they are specifically marked binding or have a specific deadline. Orders or orders can allbranded accept within fourteen days after receipt. In the case of orders via the Internet, a contract between the contracting authority and allbranded is closed when the order is accepted. This is done by sending an order confirmation via e-mail or by returning the goods. The sending of an order confirmation is in principle no declaration of acceptance of allbranded, but is only used for the confirmation of the receipt of the order of the customer.
b. all that matters for the legal relations between the customer and allbranded is the written sales contract, including these general terms and conditions. This completes all the agreements between the parties to the subject of the contract. Verbal commitments prior to the conclusion of this contract are not legally binding and oral agreements of the Contracting Parties shall be replaced by the written contract, if not expressly excluded from them, they continue to apply.
c. Additions and modifications of the agreements, including these general terms and conditions require the written form to become effective. With the exception of managers or authorized representatives the employees of allbranded are not entitled to reach differing verbal agreements. To meet the written form is sufficient for the transmission of telecommunications, in particular by fax or by E-Mail, if the copy of the signed declaration is submitted.
d. Details of allbranded on the subject of the delivery or performance (e.g., weights, mass, use values, capacity, tolerances and technical data), and the representations of the same (e.g. drawings and illustrations) are only approximately authoritative unless the availability on the contractual purpose requires an exact match. You are not guaranteed characteristics, but descriptions or identifications of the delivery or performance. Commercial differences and deviations that are due to legal provisions or technical improvements, as well as the replacement of components by equivalent parts are permitted as far as the availability on the contractual purpose are not affected.
3. Prices and Payment
a. The prices for the performance and delivery scope are listed in the order confirmation. Additional or special services are charged separately. The prices are in Pound Sterling ex works excluding packaging, the statutory VAT, for export, deliveries customs as well as fees and other public charges.
b. As far as the prices agreed are the list prices of underlying allbranded and delivery is to take place until more than four months after the conclusion of the contract, the listed prices are valid at the time of delivery (less of an agreed percentage or fixed discount).
c. The delivery of the goods takes place against cash in advance, unless a different payment modality was between the parties expressly agreed. For payment on account invoiced amounts are to be paid within fourteen days without any deduction, unless something else has been agreed upon in writing. Decision for the date of payment of the entrance is allbranded. Checks are only valid as a payment after redemption. If the customer is due, the outstanding amounts are subject to interest as from the beginning in 5 % p. a.; the assertion of higher interest rates and further damages in the event of default remains unaffected.
d. Offsetting with counterclaims of the customer or the withholding of payments due to such claims is only permissible if the counterclaims are uncontested or legally established.
e. allbranded is entitled to effect outstanding deliveries or services only against advance payment or provision of security if their circumstances become known after conclusion of the contract, which are suitable to reduce the creditworthiness of the customer significantly and by which the payment of the outstanding debt from allbranded by the customer from the respective contractual relationship (including other individual orders applies to the same framework contract) is compromised.
4. Delivery and Delivery Time, Ready For Printing Statements
a. Deliveries are made from the factory.
b. allbranded promised deadlines and dates for deliveries and services are only approximate, unless for a fixed period or a fixed date is explicitly promised or agreed.
c. allbranded can - without prejudice to their rights arising from delay of the customer - demand from the customer an extension of the delivery and service or postponement of delivery and service dates to the time period in which the client has not complied his contractual obligations toward allbranded.
d. allbranded is not liable for the impossibility of the delivery or delivery delays, as far as these are caused by force majeure or other, at the time of conclusion of contract not foreseeable events (e.g. operational disturbances of all kinds, difficulties in the material or energy procurement, transport delays, strikes, lawful lock-outs, lack of Labor, energy or raw materials, difficulties in obtaining the necessary regulatory approvals, official measures or the lack of, not correct or not timely delivery by the supplier), which for the allbranded is not responsible. If such events make the delivery or performance much more difficult or impossible and the disability is not only temporary allbranded is entitled to withdraw from the contract. In the event of temporary impediments allbranded will prolong the delivery or service deadlines or postpone the delivery or service dates for the period of the impediment plus a reasonable start-up period. If the the acceptance of the delivery or performance is not expected by the purchase as a result of the delay, he may with immediate written declaration notice to allbranded withdraw from the contract.
e. allbranded is at any time entitled to partial deliveries and partial services if the partial delivery to the customer is part of the contractual intended provision, the delivery of the remaining ordered goods is ensured and the customer has no significant overhead or incur additional costs (unless allbranded declares itself ready to assume those costs).
f. excess or short deliveries of up to 10 % of the ordered goods are allowed. In the case of excess or short deliveries owes the customer, in the case of immediate display of excess or short deliveries according to § 377 HGB, only the purchase price for the quantity of goods actually delivered. Excess or short deliveries are customary in this line of business and do not entitle to refusal or to withdrawal from the contract.
g. If the allbranded device delays in delivery or performance or is it a delivery or service, for whatever reason, impossible, the liability of allbranded for damages are in accordance with the provisions of paragraph 7. These General Terms of delivery is limited.
h. The customer is before completion of the work sent a print sketch, which also contains pieced accessories of goods. He has to check the conformity of the print sketch immediately and the in the event of a sketch reply in accordance with the contract of release (its declaration). The release also refers to accessories included in the sketch print. The risk of any printing errors due to a faulty print sketch come with the release of the print sketch to the client. Exceptions to this are printing errors that only have been or could have been detected in the subsequent production release process.
5. Shipping, Packaging, Transfer of Risk, Acceptance
a. The shipping and packaging are subject to the dutiful discretion of allbranded unless otherwise is specified. The customer shall bear the shipping costs.
b. As the risk of accidental destruction, accidental damage to or accidental loss of the delivered goods shall pass with the handover of the delivery item (start of the loading process is decisive) to the shipper, carrier or other designated for the execution of the consignment to the client. This also applies when partial deliveries are made or allbranded has taken over other services (e.g. shipping or installation). If the shipment is delayed due to the fact that the is cause of the customer, the risk is transferred to the client from the day on which the object of the delivery is ready and allbranded had this displayed to the customer.
c. allbranded only owes the timely and proper delivery of the goods to the shipping company and is not responsible for damages or delays caused from the transport company. allbranded shipping time is therefore not binding.
d. Storage costs following the transfer of risk are to be borne by the customer. In case of storage by allbranded, storage cost amounts to 0.25 % of the invoice amount of the stored delivery items per previous week. The right of assertion and verification of additional or lower storage costs remain reserved.
e. The shipment from allbranded will be insured only at the express request of the customer and at his own expense against theft, breakage, transport, fire and water damage or other insurable risks.
f. If acceptance has taken place, the goods shall be deemed accepted if:
- the delivery is complete
- allbranded notified the customer with regard to the acceptance of fiction under this paragraph 5. and asked him for acceptance
- twelve working days have elapsed since the delivery, or if the customer has started with the use of the purchased item and in this case, six working days have elapsed since the delivery
- the customer has omitted acceptance within this time period for a reason other than, a lack of allbranded displayed, the use of the purchase thing makes it impossible to Or substantially affected.
6. Warranty, Material Defects
a. The warranty period is one year from delivery or, if acceptance is required, from the acceptance.
b. The delivered goods must be immediately examined after delivery by the customer or by a third party designated by the customer. The terms with regard to obvious or other defects do not apply, even if detected in a prompt and thorough investigation, as the customer approved, if allbranded is not sent a written notice of defects within seven working days after the delivery. In respect to other defects, the delivery items shall be deemed approved by the customer if the notice of defects is not sent to allbranded within seven working days after the date on which showed the effect; showed by the customer during normal use already at an earlier point in time, but is recognisable such earlier date for the beginning of the submission deadline is decisive. At the request of allbranded reported is a freight-free delivery subject returned to allbranded. In the case of justified defects allbranded pays the cost of the cheapest dispatch route; this shall not apply if the costs increase because the object is located at a place other than the place of the intended use.
c. In the case of material defects of the delivered objects, allbranded is obliged and entitled after your within a reasonable period of time to be taken first choice for rework or replacement. In case of failure, i.e. the impossibility of unacceptability, refusal or undue delay of the subsequent improvement or replacement delivery, the customer may withdraw from the contract or reduce the purchase price accordingly.
d. If a deficiency rests on the fault of allbranded, the customer may claim damages under paragraph 7. In certain conditions.
e. In the case of defects of components from other manufacturers, which allbranded for licensing or factual reasons can not eliminate, allbranded after your choice your warranty will make claims against the manufacturer and supplier on the account of the customer or assign to the customer. Warranty claims against allbranded exist for such defects under the conditions and in accordance with the provisions of these general terms and conditions only if the judicial enforcement of the above claims against the manufacturer and suppliers is unsuccessful or, for instance as a result of an insolvency, hopeless. During the duration of the legal dispute, the limitation of the warranty claims of the customer against allbranded is inhibited.
f. The warranty is void if the customer changes the delivered goods without the consent of allbranded or has it modified by third parties and elimination of defects is thus impossible or unreasonably difficult. In any case, the customer has to bear any additional costs of the removal of defects.
g. In each individual case with the customer agreed delivery used objects takes place under exclusion of any warranty for defects.
7. Liability for damages because of fault
a. The liability of allbranded for damages, for whatever legal reason, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, as far as it arrives to a fault, in accordance with this Section 7. Is limited.
b. Allbranded shall not be liable in the event of simple negligence of its institutions, legal representatives, employees or other assignees, in so far as it is not a violation of major contractual obligations. Essential to the contract are the commitment to timely delivery of the goods, its freedom from defects that impact its functionality or suitability for use more than negligible, as well as consulting, protection and care obligations to the customer of the contractual use of the delivery item should allow or the protection of life or health of client's personnel or the protection of his property from significant damage.
c. The liability of allbranded due to delay in delivery is - except in the case of intent or gross negligence – Limited to an amount of 10 % of the purchase price (including VAT).
d. As far as allbranded referred to in paragraph 7. In cases other than those referred to in paragraph. On the merits for damages, this liability for damages is limited to the allbranded on conclusion of the contract as a possible consequence of an infringement or advance the allbranded application due diligence had advance must see. Indirect damages and subsequent damages which are the result of defects of the delivery item, are also only eligible for compensation, where such damages are typically to be expected under the intended conditions of use of the delivery item.
e. In case of liability for simple negligence is the duty of replacement of allbranded for damage to property and resulting further property damage to an amount of EUR 500,000.00 per case is limited, even if it is a violation of contractual obligations.
f. The aforementioned liability exclusions and limitations shall apply to the same extent for the benefit of the institutions, legal representatives, employees and other vicarious agents of allbranded.
g. Any technical information or advice, and such information or advice is not part of the contractually agreed scope, is free of charge and under exclusion of any liability.
h. The limitations of this paragraph 7. shall not apply to the liability of allbranded due to wilful conduct, for guaranteed characteristics, due to injury to life, body or health or according to the product liability law.
8. Reservation of Ownership
a. The following agreed reservation of ownership is used to secure all existing current and future demands of allbranded against the buyer between the parties on the supply relationship (including balance claims from a limited supply relationship to this supply relationship current account).
b. The supplied goods to the customer remain up to the complete payment of all secured claims ownership of allbranded. The goods as well as the after the following provisions replacing, the reservation of ownership acquired product is hereinafter referred to as "conditional goods".
c. The buyer shall store the goods free of charge for allbranded.
d. The buyer is entitled to the goods until the occurence of enforcement event (see below paragraph 0) to dispose of in the normal course of business. Pledging and chattel mortgage are inadmissible.
e. In the case of resale of the goods the customer hereby assigns of security any resulting claim against the purchaser to allbranded. The same applies for other demands on the body of the goods or otherwise occur with regard to the retained goods, such as insurance claims or tort claims in case of loss or destruction. allbranded empowers the customer revocably to assign claims in his own name. allbranded may revoke this authorization in the case of recycling.
f. If third parties have access to the goods in subject, in particular through seizure, the customer will immediately indicate the property of allbranded and inform the enforcement of property rights. If the third party is not in the position to allbranded in this context the judicial or non-judicial costs to be reimbursed by the customer is liable for this.
g. allbranded will release the goods and take their place or claims, if their value exceeds the amount of the secured claims by more than 50 %. The selection of the objects to be released then is allbranded.
h. If allbranded is in contradiction from the buyer - in particular default in payment - the contract ("recovery case"), he is entitled to demand surrender of goods.
9. Other Provisions
a. For the content of internet sites to which we link, we assume no liability. allbranded does not own the contents of the linked pages, and assumes no liability whatsoever for the topicality, correctness, completeness, quality etc.
b. All copyright rights in each procedure and to any use of allbranded created sketches, designs, originals, films and the like shall remain, unless expressly agreed otherwise by allbranded
c. allbranded is as a dealer, legally obliged take back free of charge batteries and rechargeable batteries, which have been bought at allbranded. Batteries and Rechargeable batteries do not belong in household waste. The Battery Act obliges all final consumers, to dispose of spent batteries and accumulators exclusively on trade or the designated collection points. If a customer would like to send back batteries and rechargeable batteries to allbranded, it should be based on a sufficient postage of the consignment. Batteries or rechargeable batteries that contain hazardous substances are identified with a crossed out trash can symbol, these may not be disposed of in the household waste. In the proximity of the waste bin symbol is the chemical name of the pollutant. This number can be found on batteries and rechargeable batteries containing pollutants: Pb = Battery/Battery contains lead; Cd = Battery/Battery Contains cadmium, Hg = Battery/Battery contains mercury.
d. Orders of alcoholic beverages or tobacco products, are confirmed by the customer with submitting this order that he has reached legally required minimum age to purchase this items. The customer is obliged to ensure that only himself or his agents, adult person receives the goods.
10. Final Provisions
a. The relations between allbranded and the customer are subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods from 11. April 1980 (CISG) shall not apply.
b. Jurisdiction for any disputes arising from the business relationship between the customer and allbranded according to the choice of allbranded is in Hamburg or the registered office of the customer. For claims against allbranded in these cases the exclusive place of jurisdiction is Hamburg. Mandatory statutory provisions on exclusive jurisdiction shall remain unaffected by this Regulation.
c. SIf the contract or these General Terms and Conditions contain regulatory gaps, apply those omisions those legally effective rules as agreed to by the contracting partner after the economic objectives of the Treaty and the purpose of this agreed General Terms of delivery, if they had known about the regulatory gap.