Terms and conditions

1. General, scope

These terms and conditions form part of all offers, contracts, invoices and the related services of Veloform Media GmbH (hereinafter: VFM) and apply to all business concluded with VFM as well as to its supplements and amendments. Any terms and conditions of the contractual partner are invalid even if VFM has not expressly objected to them. Deviating terms of business only apply if they have been confirmed in writing by both contracting parties.

2. Conclusion of contract

All offers by VFM are only deemed to be commissioned once the customer has placed a written order and this has been accepted by VFM by way of a written order confirmation. An invoice from VFM for the commissioned services or deliveries also counts as an order confirmation.

3. Place of performance

The place of performance is Oranienbaum-Wörlitz. If VFM is additionally commissioned to deliver the purchased or rented goods, delivery and return delivery take place at the buyer’s risk. The buyer bears the costs incurred for the delivery. Timely and correct supply to VFM itself is reserved.

4. Obligations of the buyer

The buyer must carry out installation and connection work at its own risk and expense. Insofar as VFM takes on partial work at the buyer’s instruction without a separate order, this is likewise done at the buyer’s risk. Obtaining building and installation permits and observing other regulations are the buyer’s responsibility.

5. Limitation of liability

VFM is liable in cases of intent or gross negligence on the part of VFM. This limitation of liability does not apply to injury to body, life and health or to the breach of cardinal obligations, that is obligations of outstanding importance for the performance of the contract. If force majeure or other events which VFM could not avert despite the care reasonable under the circumstances occur at VFM or at VFM’s suppliers — in particular strike, lock-out, official orders, failure of production tools and so on — and these delay the fulfilment of the delivery obligation, the delivery period is extended by the duration of the disruption. Claims for damages by the contractual partner due to delayed delivery or non-performance as a result of delay or subsequent impossibility are limited to compensation for the typically foreseeable damage.

6. Payment terms and default of payment

All prices apply ex works Oranienbaum-Wörlitz. Payments are due without deduction at the latest upon acceptance of the goods on site. The buyer is in default if it does not make payment by the agreed dates. Default interest of 10 % p.a. is charged on all late payments. The buyer must compensate all damage incurred by VFM as a result of the buyer’s default. This applies in particular to storage costs and financing costs. The buyer is free to prove that the costs in the individual case were not incurred at this level.

7. Retention of title

VFM retains title to the goods until all claims arising from the business relationship have been satisfied in full. This also applies until bills of exchange and cheques have been honoured and until direct debits have become irrevocable. If the buyer is more than one week in default with the fulfilment of claims arising from the business relationship, VFM is entitled to demand the return of the goods; this does not give the contractual partner grounds to withdraw from the contract. Pledging the goods subject to retention of title or assigning them as security is prohibited. In the event of access by third parties to the goods subject to retention of title, in particular seizure, the buyer shall point out VFM’s ownership and notify VFM without delay. The contractual partner hereby assigns to VFM all claims to which it is entitled from any resale or on any other legal grounds with regard to the goods delivered by VFM, as they arise, in the amount of the value of the goods subject to retention of title. VFM accepts the assignment. The value of the goods subject to retention of title is VFM’s invoice amount. Damage to goods owned by VFM must be reported to VFM in text form (in writing or by email) without delay. Set-off against outstanding claims towards VFM is only possible with undisputed claims or claims established with legal effect.

8. Warranty

The contractual partner must inspect the service or delivery provided without delay and inform VFM in text form of any defects without delay. If the buyer or a third party carries out modifications to the delivered goods, the warranty is excluded with regard to the entire goods. The place of performance for warranty claims is Oranienbaum-Wörlitz.

9. Place of jurisdiction, severability clause

The place of jurisdiction is Oranienbaum-Wörlitz. German law applies exclusively. Should any of the above provisions be or become invalid, this does not affect the validity of all other provisions or agreements. The parties are obliged to replace the invalid provision with a valid provision that best achieves the economically intended result.

Veloform Media terms and conditions, 14 November 2018 (PDF, German): https://veloform.com/wp-content/uploads/2024/02/VeloformMediaAGB_181114_DT-final.pdf