General Terms and Conditions
of Evonik Performance Materials GmbH, Registered Office Essen, Commercial Registry HR B 25779,
Represented by the Management Dr. Joachim Dahm (Chairman), Dr. Michael Pack, Magdalena Wagner and Rainer Wobbe.
Business address: Kirschenallee, 64293 Darmstadt, Federal Republic of Germany.
IMPORTANT: These General Terms and Conditions are a legally non-binding convenience translation of the original German language „Allgemeine Verkaufs- und Lieferbedingungen“ available under www.plexiglas-shop.com. Any rights or claims alleged to be available under or in relation to these General Terms and Conditions shall exclusively be governed by the German language „Allgemeine Verkaufs- und Lieferbedingungen“.
We supply goods and provide services exclusively on the basis of these General Terms and Conditions in the version valid at the time the order is placed. Conflicting or additional general terms and conditions shall be an element of the contract only if and to the extent that we explicitly agree to them in writing (in written from or electronically). Such requirement of consent shall apply in any event, for example even if we accept your offer unconditionally having full knowledge of your General Terms and Conditions.
2. Conclusion of contract
Our online offers at "www.plexiglas-shop.com" represent a non-binding invitation to customers in the countries listed in the country selection to order goods from us. Your order is deemed to be an offer to conclude a purchase contract with us. Once you submit your order, we will send you an e-mail confirming receipt of your order (order confirmation). The contract comes into existence upon receipt of our order confirmation.
3. Guidance regarding consumers' cancellation right
4. Exclusion of right of revocation
Right of revocation shall not exist (i) if the purchase of the goods is associated with your commercial or self-employed professional activity (Section 14 German Civil Code (BGB)) and/or (ii) for goods that are not prefabricated but that are produced or cut to size according to your individual requirements (such as all individually cut goods from our product range that we produce and cut especially for you based on dimensions and other specifications chosen by you).
Sale and delivery are possible only to those countries or places which you can choose during the order process. Delivery shall be made to the address specified in your order, usually within 3-10 business days from receipt of payment in our account. With delivery to the shipping address given by you the risk passes on to you after the handover of the goods.
The aforementioned time-period is a non-binding reference and is not a binding or guaranteed shipment or delivery deadline, assuming no other explicit agreement has been made in writing (in written form or electronically). If we discover that goods that you ordered are not available while we are processing your order, we shall notify you thereof via e-mail.
If delivery to you is not possible for one of the following reasons: (i) goods do not fit through the entrance door, front door or stairway, (ii) you are not present at the delivery address you specified at the time of delivery despite having been given a reasonable timeframe, or (iii) the delivery address you specified is not correct or is incomplete, you shall bear the costs of the unsuccessful delivery.
Deliveries can be made to countries outside the European Union, if they can be selected in the order process as described in Section 1, up to a value of the goods in the amount of €1,000. Please be advised that these deliveries may be subject to import duties or taxes. You shall bear the costs for any import duties or taxes and any other additional charges associated with customs clearance. Contact your local customs authority for more information. Please also be advised that you are deemed to be the importer of the ordered goods and that you must comply with all laws and regulations of the country into which you import the goods. We also draw your attention to the fact that cross-border deliveries may be opened and investigated by customs authorities.
6. Samples, information on our website
The samples we send you are intended to give you an idea of the available colours , however, such colours neither represent standardised nor guaranteed colours. This applies also to the pictures of the goods on our website.
Information on our website concerning the thickness of the PLEXIGLAS® boards shall have reference value and may deviate due to the production process. You will find the thickness tolerances in the information about Products & Delivery.
All our prices shall only apply to customers and delivery addresses in the countries that are supplied by www.plexiglas-shop.com. Once our website ("www.plexiglas-shop.com") is updated all previous prices and other information about our goods and services shall not be applicable any more. The prices and other information about our goods and services stated on our website at the time you place your order shall be applicable.
You may pay the purchase price in advance, by credit card, PayPal, direct debit or immediate transfer.
The purchase price is due upon receipt of the order confirmation. If you are paying by direct debit or credit card, the due amount will be debited from your account directly after your order has been sent. The goods will only be sent to you once we have received the purchase price in our account.
If we do not receive payment for the ordered goods within 2 weeks from the order confirmation which shall be sent electronically, or if direct debit cannot be effected within this period for reasons beyond our control or if, contrary to the contract, the goods are not accepted upon delivery, notwithstanding any other rights, we shall be entitled to withdraw from the contract and cancel your order.
10. Retention of title
The goods shall remain our property until full and final payment of the purchase price has been received. No pledges, assignment as collateral, processing, assembly, reselling or other utilization are permitted without our prior written consent before transfer of ownership.
In the event that you process the goods subject to retention of title, our retention of title shall extend to the complete new product. If our goods are processed or assembled together with other items, we shall acquire pro-rata co-ownership of the new product. The respective share will be determined by the value that the items have at the time of the processing or assembly.
If the goods subject to retention of title are assembled together with a principle item, you hereby transfer your rights to the new product to us. In the event you assemble or mix the goods subject to retention of title with a principle item of a third party for profit, you hereby transfer your claims for remuneration from the third party to us.
In the case that the value of the security that was transferred to us exceeds our claims, we may demand the release of security at our sole discretion. Our assertion of retention of title shall not constitute a rescission of the contract unless we state this in writing.
11. Damage in transit
If goods are delivered with obvious damage to the packaging or contents, you must, notwithstanding your warranty rights, immediately lodge a complaint with the shipping agent or freight forwarding service and refuse to accept delivery. You must also contact us immediately so that we may assert our rights, if any, vis-à-vis the shipping agent or freight forwarding service. Hidden defects must – again notwithstanding any warranty rights – be reported to us immediately on detection, so that we may assert any warranty claims against the shipping agent or freight forwarding service.
Provided that this is not restricted by the regulations below, please make your claims against us with regard to faulty goods in accordance with the statutory regulations and deadlines.
Damage caused by abuse or by use in violation of the contract on the part of the customer or third parties acting on behalf of the customers in setting up, processing, storing, or using the goods does not constitute grounds for claims for defects or any other claims against us. Abuse or use in violation of the contract is determined in particular also by the relevant information and instructions supplied by us. In this context, please note in particular our Infocenter and our information regarding fabricating and cleaning of the goods.
In the event that rectification has been provided by means of subsequent delivery (replacement delivery), we reserve the right to arrange for the collection of the damaged goods from you or ask you to return the goods to us at our expense within 30 days. Additionally, we reserve the right to claim damages under the conditions regulated by law.
If the purchase was made mainly within the scope of your commercial or self-employed professional activity (Section 14 German Civil Code (BGB)), your claims for defects are subject to a limitation period of one year from receipt of the goods.
Claims for damages and reimbursement of expenses, irrespective of the legal basis, in particular due to a breach of obligations resulting from the contractual relationship or from tort against us, our legal representatives, employees or agents shall only be available if we, our legal representatives, employees or agents have acted with intent or gross negligence (grobe Fahrlässigkeit).
We exclude our liability for breaches of obligations due to slight negligence (leichte Fahrlässigkeit) as far as these do not affect substantial contractual obligations on whose fulfilment the customer may regularly rely (cardinal obligations). However, in this case we shall be liable only for foreseeable damage that is typical for a contract of this nature. If the purchase of the goods was made mainly within the scope of your commercial or self-employed professional activity (Section 14 German Civil Code (BGB)), our liability for slight negligence (leichte Fahrlässigkeit) shall be limited to an amount twice the net invoice value of the delivery or service that caused the damage.
This exclusion or limitation of liability shall not apply in case of damage to life, body or health or if the Product Liability Law (ProdHaftG) applies or in other cases of mandatory liability.
If the purchase of the goods was made mainly within the scope of your commercial or self-employed professional activity (Section 14 German Civil Code (BGB)), your claims for damages and reimbursement of expenses shall expire at the end of one year from the commencement of the time limit stipulated by law, except for defect claims in relation to goods that are used appropriately in construction and have caused the building to be defective. In such case, the limitation period shall be four years. The aforementioned limitation period shall not apply if we have acted with intent or in case of damages to life, body or health or if the Product Liability Law (ProdHaftG) applies or in other cases of mandatory liability.
Any information we provide is based on our best present knowledge and experience. However, it implies no liability or other legal responsibility on our part. We reserve the right to make any changes according to technological progress or further developments. Our information describes only the properties of our goods and does not constitute guarantees. The customer is not released from the obligation to conduct careful inspection and testing of incoming goods which is to be conducted by qualified personnel. This applies also with regard to existing third party proprietary rights. Reference to trade names used by other companies is neither a recommendation, nor does it imply that similar products cannot be used.
14. Data protection
We draw your attention to the fact that information recorded by us in the initiation and conclusion of the contract is collected, processed, and used by us in compliance with the German Federal Privacy Protection Law (BDSG) and the German Teleservices Law (TMG) to satisfy our contractual obligations. We may pass this information to authorised and (within the meaning of Section 11 of the BDSG) carefully selected partners for the purpose of credit assessment.
For payments by online direct debit or by credit card, on confirmation of the order you will be redirected to the website of Payone GmbH & Co. KG, a company of the Gesellschaft für Zahlungssysteme (GZS), for processing of the payment. The website is encrypted via a secure SSL connection. For payments with PayPal, prior to confirmation of the order you will be redirected to the website of PayPal (Europe) S.à r.l. et Cie, S.C.A. There, log on to your personal PayPal account with your password and confirm payment. Once the payment has been confirmed, you will be redirected from PayPal to our website, where you can complete your order.
15. Online Dispute Resolution
According to the European ODR regulation (regulation about out-of-court online settlements consumer right disputes) traders which merchandize with consumers, have to provide on their online shops the link to the Online Dispute Resolution webpage:
Link for the webpage: http://ec.europa.eu/consumers/odr/
Our e-mail address: email@example.com
If you, the customer, are (i) a full merchant, or (ii) have no general place of jurisdiction in the Federal Republic of Germany, or (iii) have transferred your domicile or usual place of residence to outside Germany after conclusion of the contract, or (iv) if your domicile or usual place of residence is unknown at the time of institution of legal proceedings, the exclusive place of jurisdiction is Darmstadt, Federal Republic of Germany.
For all disputes arising from the contract, German law applies exclusively, without regard for the provisions of private international law. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
Subsequent amendments and supplements to the contract and any subsidiary agreements must be made in writing. This shall also apply to the cancellation of this written form provision.
The invalidity of one or more regulations of these General Terms and Conditions does not invalidate the entire contract. The invalid regulation will be replaced by the relevant statutory regulation.