General terms and conditions of sale, supply and payment
1. General information
Our offers are valid without engagement. With placing an order, you accept our conditions of sale, supply and payment. Any ineffectiveness of particular conditions has no impact on the effectiveness of the other conditions. Conditions of the customer differing from these terms of business as well as all verbal agreements are only valid in the case of a written confirmation from our side. The customer’s purchasing terms have no validity. In case of deviation of our order confirmation from your order, you are obliged to indicate this immediately upon receipt in written form. Otherwise the order confirmation is valid and mutually binding. Subsequent changes, creating additional costs, will only be carried out by us upon charging these additional costs to you and extension of delivery time. Any such changes require our accordance and confirmation in written form.
2. Come about the purchase agreement
All offers of the Promotionway Sp. z o.o. are subject to change. An order is only after written confirmation.
3. Goods
Size information in the catalogue or given on the website is to be understood as approximate measure and is subject to mistakes and changes. Material, colour, design, technical condition, packing type of unique specimen as well as size and type of packing units are subject to change. All these changes are no reasons for complaints, even if there are deviations resulting within the delivery. Due to the given manufacturing possibilities for ceramics in the respective manufacturing countries, especially for mass production, general quality standards for mass productions are applicable. For mass production of the ceramic end product the following small defects are generally to be accepted and are no reason for claim: pinpricks, glaze cords, glaze colour deviations, glaze polish tolerances, impureness, iron spots and punches. Samples represent an average of quality.
4. Quality of the goods
4.1 The Promotionway Sp. z o.o does not take over the products quality or durability or other guarantee in the legal sense. Manufacturer warranties remain unaffected by this rule.
4.2 The Promotionway Sp. z o.o has the right to technical changes / variations and modifications / deviations of form, colour and / or weight make, unless this is customary deviations and / or a result functionality and usability of the product in a significant way be impaired.
4.3 Over- and short deliveries of maximum 10% must be accepted.
5. Advertisement printed by us
You will receive an artwork for approval in PDF or jpg format – this is a mere digital placement of your print layout – it is in no case binding concerning the focus or colour – deviations to the original print layout are possible. The artworks only represent digital print simulations. We will print according to your approval only – later claims cannot be accepted. We are not liable for errors overseen by yourself. For being on the safe side, please order a preproduction sample (with costs). Items which are packed in a single box and in wrapping paper or poly bag, are being re-packed after printing only when needed. Recommended printing sizes are not always maximum printing surfaces. For follow-up orders without preproduction samples deviations cannot be excluded.
6. Prices
All prices are understood as net prices. Our quotation of prices are valid without engagement, errors excepted. Printing errors in the catalogue, the price list or special brochures do not authorize you to make special claims for compensation. Price changes will be submitted to you as quickly as possible. Our confirmation of order is binding. However, we are authorized to make corrections in the case of increasing prices or costs, changes of freight costs, customs and other taxes that occur after the conclusion of the agreement. You can withdraw from the contract three days at the latest after the creation of the confirmation or change of order. However, this is only possible if we receive the withdrawal statement before shipment. In the case of printing orders and special versions,the right to rescind is excluded.
7. Bulk discounts and promotional prices
When paying after the due date of payment, a possible discount is no longer valid. This is also valid for agreed special net prices. Promotional prices are special net prices for which no discount can be granted. Prices deviating from our respective current price list are always understood to be special net prices.
8. Samples
Samples cannot be taken back for administrative reasons. If you wish to return samples nonetheless, they will not be credited.
9. Delivery
9.1. Packaging and delivery cost have to be payed by the customer.
9.2. We charge for the packaging and the delivery the following flat rate:
10. Delivery periods
As soon as possible! Part deliveries are allowed, especially if several goods are ordered and are not available at the same time. The extra charge for transport is at your expenses. Delivery deadlines are only beginning at the point when we have received all documents that have to be provided by your side. We can only name dispatch dates as we have no influence on the shipping company. If we are prevented from meeting our delivery obligations by force majored or unexpected incidents, the delivery deadline is extended accordingly. If the delivery extension is unacceptable for you, you have the possibility to withdraw from the contract. However, this is only possible if you inform us immediately about the withdrawal and if the order does not contain special versions or already printed articles. Compensation claims deriving from too late delivery cannot be asserted against us. Delayed information of order details automatically result in a postponed delivery date. Fix dates are excluded from the beginning.
11. Neutral shipment
Of course, we send the ordered goods on behalf of you severely neutral to your customer. We will create a neutral delivery note with your return address for free. Please send us your forwarding address.
12. Reservation of ownership
After creating an invoice the goods are considered sold to the customer. They are no longer our property after leaving our warehouse. After receivig the invoice customer is the new owner of the goods and is obligated to pay for them. If payment is not fulfilled in agreed time Promotionway will sue the client and ask for the money due, not the goods.
13. Payment
13.1 14 days after the invoice date net price. When the date of due payment has been exceeded, we charge default interest and fines customary for banks.
13.2 If you are a new customer the payment term is payment in advance. After 3rd order placed we propose to use 14-days payment term.
14. Guarantee
Our goods are - if not indicated differently - imported goods from the Far East. For that reason, they are subject to quick wear and tear. This is no reason for complaints. Furthermore, a certain amount of rejects has to be expected. There is no claim for compensation for rejects up to 3% of the ordered quantity. For rejects that possibly exceed this percentage, the claim is limited to a reduction of the invoice. In every case, the goods are to be examined and tested for possible defects and number of pieces by you or the recipient stated or by a representative authorized by your company immediately after receiving the goods - max 14 days. Complaints are to be reported to us immediately in written form. Otherwise every guarantee is excluded. In the case of externally visible transport damages, the guarantee is also excluded when the damage was not confirmed on receipt in written form by the carrier. Approved returns of goods are only accepted if the postage was paid by the sender. When articles are printed or treated by you or a third party, every guarantee is excluded after the goods have been delivered by us. Claims for damages of every kind are excluded in every case. It is also understood that goods that are not resold to consumers (e.g. goods which are sold to companies and which the companies give as a present to consumers for promotional reasons) are not subject to claim demands - if damages are not recognizable immediately - one year at the latest after the goods have been delivered to you or the recipient stated by you, even if the goods have not been in use until that moment. Even if we have accepted claim demands in the meantime, all further claim demands come under the statute of limitations one year at the latest after the original shipment.
15. Fetching back goods
We always charge you the costs for fetching back goods which you are obliged to give us notice of in advance. The shipping costs for the return are to be paid by the buyer. The merchandise must be in its original packaging and must not be damaged. No inscription must be on the packaging (individual, small and large packing). We reserve the right not to take back seasonal merchandise or to leave the program.
16. Protection of property rights and copyrights
16.1 Promotionway Sp. z o.o reserves the right at all artistic works and the final design by using pictures, drawings, articles and other documents the ownership and copyright. They cannot be used by customers or other third parties without the express written consent of the New Gen-Promotion GmbH.
16.2 Promotionway Sp. z o.o is entitled to use the sales order item created for advertising purposes or as a model and map. The New-Gen-Promotion GmbH is also entitled to bring an appropriate place their company name.
17. Copyright, Intellectual property rights, licenses
For the examination of the reproduction rights of all documents, the purchaser is obligated. For violations of copyrights, copyrights and licenses, we assume no liability in contract work and also require no proof of the buyer of the rights to the designs used. The purchaser is solely liable to be violated by the execution of its mandate, in particular copyrights of third parties. The Buyer shall indemnify the seller against all claims of third parties arising from such violation.
18. Penalties/Compensation
Penalties cannot be asserted against us. Compensations of every kind are excluded.
19. Legal domicile and place of fulfillment
The legal domicile and place of fulfilment for both parties is Berlin in every case.
20. Protective Clause
If some of the stipulations of this agreement become ineffective or unfeasible the contractual parties are bound to replace the ineffective or unfeasible stipulations by other effective and feasible stipulations which, from the point of view of business success, come close to the ineffective and unfeasible stipulations to such an extent that it is reasonable to suppose that the contractual parties would conclude the agreement.
