General Terms & Conditions

1. General Information

The following Terms & Conditions are applicable only in dealings with traders, legal entities under public law or special fund under public law. They apply to all contracts, shipments and other services. We herewith contradict to all buying conditions or other terms of business of the Buyer.

 

2. Conclusion of Contract

By clicking the button "Send Order" during the final step of the order procedure, you agree to a binding order of all goods in the shopping cart.
 

3. Delivery

Samples
We will send single samples against payment, no problem.

Partial Deliveries
The Seller shall be entitled to make partial deliveries if
a) the partial delivery is utilizable for the Buyer in the scope of the contractual,  intended purpose,
b) the Buyer incurs no considerable extras effort or additional costs as a result of that unless the Seller agrees to bear these expenses.

Delivered Quantities
For technical reasons we reserve the right to make an extended or short delivery of up to 10 % for orders that include promotional printing, labelling etc.

Low order surcharge
For orders < € 100,00 a low order surcharge of € 5,00 will be added.

4. Shipping

EXW - for shipments within Germany or to Austria we will charge freight-rates as following:
Germany:
orders < € 50,00 € 9,50
orders < € 250,00 € 12,90
orders < € 500,00 € 14,90
orders > € 500,00 free shipping
Austria:
orders < € 250,00 € 14,90
orders < € 500,00 € 16,90
orders > € 500,00 free shipping

Excluded from this regulation are timely fixed shipments („express“) and goods that will exceed the usual transport costs due to their physical nature e.g. length, weight, volume.

For shipments outside Germany and Austria we will charge the actual costs incurred.
 

Transport Insurance
Unless otherwise agreed we a charge 1 % of the goods' value for transport insurance.

Dropshipping
Yes, we do dropshipping. Please ask our staff for special conditions.

5. Free Shipping

Orders above 500,00 € will be shipped free of charge within Germany and Austria, given that we can choose the forwarder ourselves. Excluded from this regulation are timely fixed shipments („express“) and goods that will exceed the usual transport costs due to their physical nature e.g. length, weight, volume.

6. Packaging

The packaging costs are included in the specified prices unless the Buyer requests special packaging. Cartons and packaging material will be reused as far as possible.

7. Prices

All prices are calculated without the statutory value-added tax. This price list voids all previous price lists. All offers are subject to change and non-binding concerning prices, quantities, delivery-times and availability.
 

8. Payment

Domestic accounts can choose between:

• Paypal -2 % early payment discount
• Prepayment -2 % early payment discount
• SEPA direct debit -2 % early payment discount
• Payment within 10 days -2 % / 30 days net (for established customers only)

Foreign accounts can choose between:

• Paypal -2 % early payment discount
• Prepayment -2 % early payment discount

All foreign payments have to be made free of expense for us.

9. Retention of Title  

(1) The Seller reserves the property in the supplied goods until complete payment of all claims from the business relationship even if payments are made for certain designated goods.
(2) The Buyer shall have the right to resell goods subject to reservation of proprietary rights (goods subject to retention of title) in the scope of proper business operations. Pledging and assignment as security shall not be admissible. In case of a resale of the goods subject to retention of title, the Buyer assigns the resulting claim with ancillary rights against the acquirer to the Seller as security even now. The same shall apply to other claims that substitute the goods subject to retention of title or that come into being otherwise regarding the goods subject to retention of title, like for example insurance claims or claims based on unlawful acts in case of loss or destruction.
(3) The machining and processing of the goods subject to retention of title shall be done for the Seller as manufacturer in the sense of § 950, BGB (German Civil Code), without any duties arising from that for the Seller. If the goods subject to retention of title are processed, combined or mixed with other objects that do not belong to the Seller, the Seller shall acquire joint property of the new item in the ratio of the invoice value of the goods subject to retention of title and the invoice value of the other goods. If the Seller‘s property ceases to exist as a result of combining, mixing or processing, the Buyer assigns the property and/or expectant rights for the new item he is entitled to according to the ratio of the invoice value of the goods subject to retention of title to the Seller even now, and shall store it for the Seller free of charge. The property rights resulting from that shall be deemed goods subject to retention of title in the sense of this paragraph. 
 

10. Data Processing

Bartl GmbH gathers and stores address data of customers for electronical order processing and accounting. Furthermore we use these data for our own promotional purposes to provide our customers with offers and information. If you do not want to receive these offers anymore you can object to the use of your data for promotional purposes.
Please let us know in written form indicating your address. Your data will be marked accordingly with a lock flag. This will not affect our approach to you concerning current or previous business affairs.

11. Liability for Defects

(1) The information about weight, dimensions, colour, etc. provides only guide values unless they were expressly warranted.
(2) The term of liability for defects shall be one year from delivery, two years for consumers.
(3) The supplied items have to be examined carefully immediately upon delivery to the Buyer or the third party appointed by him/her. They shall be deemed accepted unless the Seller has received a notice of defects in the written form regarding apparent defects or other defects which were discernible after immediate, careful examination within eight working days after delivery of the supplied item or otherwise within eight working days after discovery of the defect.
(4) At the Seller‘s request and only upon previous agreement, the faulty delivery item shall be returned to the Seller carriage-free. In case of a justified notice of defects, the Seller shall reimburse the expenses of the most favorable shipping procedure.
(5) In case of material defects of the supplied items, the Seller shall first have the obligation and the right to perform rework or substitute delivery according to his choice, which has to be made within an adequate period of time. In the event that this fails, the Buyer may reduce the purchase price within reason or rescind the agreement.
(6) Claims for consequential harm caused by a defect are exluded.

12. Liability

Compensation claims due to delay, impossibility of service, violation of contractual and legal subsidiary obligations or protection-of-interest obligations, culpa in contrahendo, or non-contractual liability shall be ruled out unless the damage has been caused by gross negligence on the part of the Seller. Our liability is limited to the value of the goods (contract price) irrespective of any legal grounds. All claims lapse after six months from the date the goods had been sent by the Seller.

13. Restriction on distribution

Due to licensing and contractual reasons there are restrictions for distribution channels of certain products. This can be changed without notice. The placement of products under the brand name "Bartl" in public product catalogs, such as Amazon is permitted only after prior consultation and approval. Abuse of our brand name and change of the information we provide will be followed by a chargeable written warning. This also applies to the unauthorized registration of our products under other, misleading brand names. By ordering these conditions are considered as accepted and the purchaser submits to the consequences of the infringement.
 

14. Place of Jurisdiction

The place of jurisdiction for any and all disputes arising from the business relationship between the Seller and the Buyer shall be 84503 Altötting.

15. Acknowledgement

Upon issuing an order our Terms & Conditions will be considered as accepted by the Buyer. Additional agreements must be made in writing.