Commercial Customer Terms and Conditions

of Porzellan-Manufaktur GLORIA , Anton Weidl e.K.,
Owner: Birgit Weidl

§1 General

These General Terms and Conditions (GTC) shall apply to all of our business relations with our customers concerning the sale and/or delivery of goods. These GTC shall also apply in their respective version as framework agreement also for future contracts concerning the sale and/or delivery of goods with the same customer without any requirement on our part to repeat reference to them in an individual case. (The General Terms and Conditions can be found on our website www.gloriaporcelain.com).
Our GTC shall apply exclusively. Deviating, supplementary or opposing General Business Terms, agreements as well as collateral agreements shall, even with knowledge thereof, not become an integral part of the contract unless their applicability is expressly approved in writing by seller.

§ 2 Conclusion of Contract

(1) Our offers are subject to change without notice and non-binding unless expressly designated to be binding or specifying. This shall apply even if we have supplied the customer with catalogues, samples, offers and product information– also in eletronic form and references in which we reserve ownership and copyright.
(2) The order for the goods placed by the customer shall be deemed a binding offer to enter into a contract and may be accepted by in written by pro forma invoice from seller.

§ 3 Delivery Period and Default in Delivery

(1) The delivery period is individually determined or indicated by seller when accepting the order. If this is not the case, the delivery period is approximately 6-8 weeks from conclusion of contract and is non-binding. This shall be valid for delivery dates accordingly.
(2) Insofar as we cannot observe binding delivery deadlines for reasons for which we are not responsible (non-availablity of the service) we shall inform the customer hereof immediately and at the same time inform it of the expected, new delivery deadline. Deemed as case of non-availability of the service within this meaning is in particular the late self-delivery by our suppliers.
(3) Unforeseen events like operational malfunctions or all cases of force majeur shall release us from our obligation of delivery. Compensation claims can‘t be derived from it.

§ 4 Delivery

(1) The delivery is carried out ex warehouse or ex works where the place of performance is also respectively located. We are entitled to make part deliveries to a reasonable extent.
(2) Our merchandise is not insured against breakage, theft, transport, fire and water damages as well as other insurable risks. At the risk of the customer the shipment shall be insured at his costs by our forwarding agent against such risks.
(3) We charge a general packaging charge of 5% of the total net value of the shipment. Gift boxes and gift packing are invoiced separately.

§ 5 Prices

(1) Unless otherwise agreed in a particular case our prices current at the time of conclusion of contract shall be valid on the basis ex warehouse, exclusive of VAT at the rate in force.

§ 6 Terms of Payment

The purchase price (without deduction) is due and payable:
(1) for deliveries within Germany: For payment within 10 days from invoicing date we allow 2% cash discount. For payment within 30 days from invoicing date net.
(2) for foreign deliveries: At invoicing date – payment in advance 3% cash discount. For payment against bank guarantee or letter of credit net.

Please direct payment to:
SWIFT: BYLADEMM (Bayerische Landesbank Munich)
Bank of Beneficiary: BIC: BYLADEM1SBT (Sparkasse Bayreuth)
Beneficiary Name: Porcelain Manufactory GLORIA, Anton Weidl e.K,
Owner Birgit Weidl
Beneficiary Account: IBAN DE56773501100570032953

§ 7 Reservation of Proprietary Rights:

(1) 6.1 As long as not all of the Seller‘s present and future claims from the sales contract and from a current business relationship are completely paid (secured claims), the Seller reserves ownership of the goods sold.
(2) Prior to complete payment of the secured claims, the goods for which ownership is reserved can neither be pledged nor assigned by way of security to third parties. The Customer shall notify us immediately in writing if and insofar as a third party executes attachment of our goods.

§ 8 Claims of Customer

(1) The Customer is obliged to inspect the delivered goods immediately after their receipt and to ensure their completeness and integrity. Complaints regarding quantiy and/or possible defects must be made by written notice within 14 days upon receipt of the goods.

§9 Venue:

Valid venue for all parts shall be Bayreuth, Germany.