GENERAL CONDITIONS OF BUSINESS
This document is a translation from the German language. The original version is legally binding.
Sell it Nord GmbH
As of November 2016
1. Definition – Treaty and additional provisions
a. The fair/exhibition/ C&C will take place in the hall with the address: Lanzstraße 1, 21124 Buchholz i.d. Nordheide, Germany
b. Organizer / service provider is Sell it GmbH, Lanzstraße 1, 21244 Buchholz i.d. Nordheide, Register no .: Amtsgericht Tostedt, HRB: 206063, VAT ID: DE 313035586, Phone: +49 (0) 4161/7356470, Internet: https://www.sell-it.eu, E-mail: firstname.lastname@example.org
c. The contractual relations between the customer and Sell it Nord GmbH are regulated by the application, these “general terms and conditions”.
d. A contract with the Sell-it Nord GmbH is only concluded if both contract partners have expressly accepted the contract in writing.
2. Purchasing and payment terms
a. Sell-it GmbH sells exclusively to commercial resellers of the following branches: living rooms, floristics, gift items, decorations, papery, as well as furnishing of this branch and hotel industry.
b. End-users and non-traders are not allowed to enter Sell it GmbH.
c. The Access to Sell-it GmbH is only possible with a valid purchase ID. The type of business must be demonstrated before issuing the ID card. This can be done by submitting an officially certified commercial application or an extract of the commercial register. In addition to the nature of the trade, it must also be proved in a suitable form that the trade is actually carried out at the time of the exhibition, e.g. Through their own website or photos.
d. The purchaser declares his secrecy against third parties, in particular to pass on the purchase price or merchandise outside his commercial use.
e. The goods are only distributed in original containers or fixed sales units. Cartons opened from customers must be completely removed.
3. Proof of purchase / power of attorney
a. For each registered company, max. two purchasing certificates.
b. The holder of the ID card is entitled to purchase, as well as one other person who has been registered by him in writing and submits a clear proof of employment.
c. The ID card is not transferable and only valid in conjunction with the ID card.
d. The loss of the ID card must be reported without delay; in the case of a business task, the customer is to be returned immediately and unsolicited.
e. The holder of the ID card is liable for abusive use.
f. The identity holder is responsible for legal disadvantages resulting from the unauthorized or negligent passing on of the ID card.
a. Payment must be made immediately in cash or by credit card. Deductions without prior credit and the set-off of claims are excluded. Bills of exchange are not accepted.
b. Without explicitly different indications the indicated prices are as follows: – as daily rates in European currency, plus the applicable value added tax
c. In the case of various contradictory offers, the offer with the most recent date is in principle decisive.
a. Without express written agreement between the parties to the contract, Sell-it GmbH expressly accepts no liability for the fact that the goods are suitable for the purpose b. for which the customer intends to use them, even if this purpose is evident to Sell-it GmbH have been done.
c. Sell-it GmbH does not grant any additional guarantees, which are not given by the respective producer for the corresponding product.
d. Sell-it GmbH assumes no liability whatsoever beyond the liability assumed by Sell-it GmbH or its licensors in accordance with the warranty of the producer or supplier of the products.
6. Transfer / exchange / freight of the goods
a. Return, exchange and complaints of goods are excluded after payment of the invoice amount. No further warranty claims exist.
b. The customer must take delivery of the goods at the time they are handed over to him or made available to him under the contract.
c. If the customer refuses acceptance or is in default with the issuance of information or instructions required for the delivery, the goods are stored at the risk of the customer. In this case, the Customer shall bear all additional costs, including the storage costs.
d. If necessary, the customer shall conclude a freight contract with a third party at his own expense and risk.
e. Sell-it GmbH is in no way liable for the contract between the customer and the third party.
f. In the event of a possible failure of the computer back-up system and the so-called “emergency billing” resulting from this, the complete receipt of goods must be acknowledged.
g. The goods remain the property of the respective exhibitor up to the complete payment. In the case of resale before full payment of the goods, the customer’s claims to his customers are transferred to the respective exhibitor (extended retention of title).
h. The customer shall immediately notify any access by third parties to the exhibitor’s goods or to a claim passed to the exhibitor.
i. If the customer is in default with the performance of one or more of his obligations, all legal and extra-judicial costs for the fulfillment of the fulfillment shall be borne by the customer.
j. The customer confirms the proper receipt of the goods by the payment of the invoice amount. Any defects can only be claimed immediately upon receipt of the goods.
a. Entering Sell it GmbH, the use of means of transport as well as parking on the Sell it site is at your own risk.
b. The staff is authorized to carry out pocket checks.
c. The site is equipped with surveillance cameras, with the entering the user declares his consent to the recording.
8. Force majeure
a. In these general terms of business, in addition to what is meant by law and jurisprudence, all of the foreseeable or unforeseen external causes which are beyond the sphere of influence of Sell-it GmbH and which Sell-it GmbH is not able to derive Is able to fulfill its obligations.
b. External causes include:
c. Administrative, operational, traffic disturbances, import and export restrictions, fire, water damage, occupancy, lockout, defect in machinery, disruption of the power supply,
d. Unforeseen circumstances with regard to persons and / or material used by Sell-it GmbH or full power of attorney for the fulfillment of the contract, which are such that the complete or partial fulfillment of the contract by Sell-it GmbH is impossible or disproportionately high Costs or expenses.
e. Labor strike in the operation of the Sell-it GmbH, the full power of attorney or persons or material, which Sell-it GmbH or full power of attorney serves for the fulfillment of the contract.
f. During the period of force majeure, the delivery and other obligations of Sell-it GmbH are suspended. If the period in which fulfillment of the obligations by the Sell-it GmbH is not possible due to force majeure is longer than two months, both parties have the right to withdraw from the contract in writing without a liability for compensation in this case.
g. If Sell-it GmbH has already partially fulfilled its obligations at the time of force majeure, or if it is only partially able to fulfill its obligations, it shall have the right to separately invoice the part already delivered or the deliverable part and shall have the customer To settle this invoice without delay as if it were a separate contract.
h. If paragraph d is applied, the customer can not rely on any right to refuse performance, and sell-it GmbH is in no way in default with creditors.
9. Severance clause
a. Should any provision of these General Terms and Conditions be void or be declared void in court, the invalid provision shall be replaced by a valid provision which is broadly equivalent to the purpose of the contested provision.
b. The validity of the remaining provisions of these General Terms and Conditions shall remain unaffected by the eventual nullity of any of the provisions.
10. Applicable law
a. All contracts between the customer and Sell-it GmbH are exclusively subject to German law.
b. Deviations from these General Terms and Conditions require an explicit written agreement between the customer and the Sell-it GmbH. When such a case occurs, this deviation applies exclusively to the relevant contract for which the deviation was agreed.
11. The place of performance is the business premises of Sell it GmbH.
12. The Court of First Instance is Tostedt