Our General Terms and Conditions
1. PLACING of ORDER: The Buyer is deemed to acknowledge and accept Niggeloh’s delivery and payment terms when placing an order.
2. ORDER CONFIRMATION: Orders are confirmed, and delivery, delivery period and price remain subject to change. Niggeloh shall not be liable for delays in delivery as a result of events for which Niggeloh is not responsible. In such events, claims for compensatory damages cannot be made against Niggeloh. Niggeloh reserves the right to make constructive changes during the manufacturing process.
3. PRICES: All prices shall be inclusive of VAT/Sales Tax in Euro currency “ex works” and exclude the cost of packaging. In the event that price increases occur, Niggeloh will charge the list prices effective on the day that the order was received.
4. QUANTITY TOLERANCE: In principle, the Seller has the right to over or under deliver up to 10% due to reasons of production.
5. QUALITY TOLERANCE: The order will be completed in accordance with current technology standards, including any and all necessary material or process related tolerances as are customary and accepted by commercial quality standards unless - in an individual case – the Seller has agreed to apply specific manufacturing standards.
6. DRAFTS, DRAWINGS and similar PREPARATIONS which have been initiated by the Buyer shall be chargeable expenses even in the subsequent event that a Sales Contract does not come to fruition.
7. COPYRIGHT: The Buyer shall be responsible for verifying the copy rights regarding master prints, drafts and finished designs. Copy rights and the right to produce copies of Seller’s drafts, drawings, originals, films and similar items shall remain with the Seller notwithstanding any differing arrangements expressly made. Lithographs, printing plates and blocks, master prints, paperboard mats, embossing plates, punching tools and contours, press cylinders and similar items shall remain the property of Niggeloh, including those that were charged in full or in part to the Buyer. The Seller shall not be obligated to surrender the aforementioned items, including duplicates. Niggeloh shall agree to store non-proprietary prints, manuscripts and other items for a period of 6 months following the most recent delivery of merchandise that was manufactured using these items.
8. TRADEMARK: The Seller shall reserve the right to identify with Seller’s trademark or company identification any and all merchandise to be delivered in accordance with company practice and provisions, and facilitated by the presence of the required space.
9. CONTRACTUAL AMENDMENTS: Any amendments to or cancellation of the Contract must be in writing to be valid.
10. SHIPPING & HANDLING: Shipping shall be at the expense and risk of the Buyer. Niggeloh recommends to each customer that every delivery be inspected for visible damage and that deliveries be accepted only after the damage has been recorded by the respective commercial carrier, i.e. Postal Service, Railway or other transport service. Shipping within Germany is € 5.90; € 20.00 to EU countries, and € 35.00 to non-EU countries within Europe. Upon request, shipping to countries outside of Europe is available and will be calculated individually. Niggeloh ships strictly via DPD or UPS; Niggeloh does not ship to automated drop and pick-up stations.
11. NOTICE OF DEFECT: Niggeloh shall only consider a Customer’s claim for merchandise defects or shortfall quantities if a claim is made within 8 days after shipment was received. Any claims based on merchandise broken in transit shall be categorically rejected as all merchandise was properly packed for shipping. In the event that a claim is deemed legitimate, Niggeloh will reimburse the Customer up to the amount of the merchandise cost. Additional reimbursement relative to the same claim must be categorically denied.
12. PAYMENT AND CONDITIONAL SALE: Only prepaid merchandise will be delivered. For shipping cost, see # 10 above. Delivered merchandise shall remain Niggeloh property until paid in full. First-time orders will always require prepayment or cash-on-delivery shipping, notwithstanding differing arrangements expressly made. Minimum order amount shall be € 25.00 before shipping. The Customer may also pick up merchandise directly from Seller at the manufacturing location in Radevormwald, and pay for the merchandise in cash. In this case, no shipping cost is incurred. If the Buyer has requested cash-on-delivery shipping and refuses to accept the delivery, an additional processing fee of € 20.00 plus the shipping cost will be charged to the Customer.
13. RIGHT TO CANCEL AND RETURN MERCHANDISE Notice regarding the right to cancel: The Customer may cancel the contract in writing (such as letter, fax, email) within 14 days without giving any reasons, or return the merchandise if same was relinquished to Buyer prior to the expiration of the deadline. The 14-day period shall commence upon receipt of these written instructions, but not before the merchandise has been delivered to the recipient (in the case of repeat deliveries with similar type merchandise, not before the first partial delivery has been made), and not before Niggeloh has met its disclosure duty under Article 246, § 2 in connection with § 1, paragraphs 1 & 2 of EGBGB (introduction to German Civil Code), as well as its duties under § 312g, paragraph 1, first sentence of BGB (German Civil Code) in connection with Article 246, § 3 of EGBGB (introduction to German Civil Code). The required time period for effecting the contract cancellation shall be deemed observed if the notice of cancellation has been sent or the merchandise returned, both in due time. The notice of cancellation must be addressed to: Niggeloh GmbH, Kaiserstr. 155, 42477 Radevormwald, telephone: 02195/92992-0, fax: 02195/40526, email: email@example.com, legal representative and company director is Fritz Niggeloh, Dipl. Kaufmann.
Consequences of Contract Cancellation:
In the case of a valid cancellation by the Customer, any mutually received performances and, where applicable, any emoluments (e.g. interest) shall be restituted by either side. In the event that the customer is unable to restitute or return, either in full or in part or only in a deteriorated condition, the received performance and emoluments (the benefit of use), the Customer shall be obligated to compensate for loss of value. With respect to a deterioration of the merchandise and any use benefits enjoyed, the Customer must compensate only in as much as the use benefits and deterioration are the result of improper use of the merchandise, i.e. use above and beyond the testing of merchandise features and functions. The term “testing of merchandise features and functions” implies the testing and examination of merchandise as can be expected and is possible, for example, in a retail setting. Merchandise that is suitable for shipping shall be returned at Niggeloh’s risk. The Customer is obligated to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of Euro 40 or if, where the price is higher, the Customer has not yet made full or partial payment. In all other instances, there shall be no charge to the Customer for return shipping. Merchandise not suitable for shipping will be picked up at Customer’s location. All reimbursement payments must be made within 30 days. The 30-day period commences for the Customer on the day that the contract cancellation is sent or the merchandise is returned; for Niggeloh, the period begins with the receipt of the cancellation of the order or the merchandise.
14. DATA PRIVACY CLAUSE: Niggeloh stores customer data to the extent that it is necessary to facilitate the sale. By law, the Customer has the right to decline that his/her personal data be used or made available to third parties for advertising, marketing or survey purposes. In addition to the legal provisions for privacy protection, Niggeloh assures the Customer that customer data will not be made available to third parties for marketing purposes.
15. PLACE OF PERFORMANCE for deliveries and payment is 42477 Radevormwald with legal venue in 51688 Wipperfürth. German law shall apply to all contracts, including those where deliveries are made to countries outside of Germany.