General Terms and Conditions
I. Applicability
1. Our deliveries and services are carried out exclusively according to these terms and conditions and the German Construction Contract Procedures (VOB), unless they are contraditory to these terms. They therefore apply to all future deliveries and services, even if not explicitly agreed upon again.
2. Other agreements are only effective if they have explicitly been accepted by us in written form. This also applies to the buyer’s conditions of purchase or contract. They are not binding for us even if they have not been explicitly rejected at conclusion of the contract.
II . Offers
1. By placing products in our online shop we submit a binding offer upon the conclusion of an agreement on these articles. By clicking the "order" button you accept the offer concerning the items in your shopping basket and enter a binding contract. Immediately after sending your order you will receive a confirmation by email.
Our offers and cost estimates outside of our online shop are subject to change in all respects until signing of the contract.
III. Prices/Terms of Payment
1. In the event of deliveries to first-time buyers, we shall only deliver against advance payment. Different forms of payment have to be arranged with IFOHA in written form. State and public facilities (authorities, schools, social services et.al.) as well as major costumers receive delivery on account against verification and exclusively with orders in writing by fax or letter. As a special service for our customers we offer payment by PayPal, trust account or credit card. Fees are at our (IFOHA’s) expenses.
2. All our prices are gross prices that include the respective value added tax at the time of calculation. For business customers and resellers net prices are shown.
3. With regard to roller blinds delivered by us the following applies: On delivery: Price including fabrication according to existing window sizes plus shipment and packaging. Delivery from stock. Prices are per unit or total prices.
IV. Payment Conditions
1. Our claims for mounting works are payable without deduction immediately after billing unless agreed otherwise in written form.
2. If no payment is received from business customers within 10 days after date of invoice the customer falls behind without reminder. From this moment on he is obliged to pay default interest not less than 3% over the respective federal bank rate. We reserve the right to assert further damage and other claims resulting from the delay. With non-payment or partial payment we are entitled to withdraw from the contract.
3. With internet online orders we deliver against advance payment, cash on delivery, PayPal or credit card. The respective fees imposed by us simultaneously cover shipping and packaging costs. Advance payment orders will be delivered as soon as payment received. Items ordered via cash on delivery, PayPal or credit card will be delivered immediately after ordering. Credit card accounts will be debited within 2-3 weeks after ordering, depending on the provider. Foreign transaction fees are at the buyer’s expense.
4.Failure to comply with payment terms, delays or circumstances that may diminish the customer’s credit standing result in immediate maturity of all our claims. They entitle us to carry out outstanding deliveries only against advance payment, to withdrwaw from the contract after an acceptable period of grace or to claim compensation non-performance; furthermore we are entitled to forbid to the buyer any resale or processing of the goods delivered under reservation of property and to repossess the respective items. The taking back of the goods does not imply a withdrawal from the contract unless it is explicitly agreed upon in writing. Shipping and other costs resulting from the taking backe are in any case at the customer’s expense. The customer can claim the delivery of the goods taken back without a written statement of withdrawal only after full payment of the purchase price and all other costs. The goods remain our (IFOHA’s) property until complete settlement.
5. The buyer’s right of retention because of counterclaims not recognised by us, even those that refer to our guarantee, is excluded; the same applies to setting-off against counterclaims.
The assignment of counterclaims against us is only permitted after our previous written consent.
V. Delivery time/Shipment
1. All delivery times are approximate and not binding to us. For the observance of time limits and dates we are only liable when a warranty has explicitly been accepted by us. Shipping is done throughout Europe. (window films = 3-4 days, sun protection roller blinds = 2-3 weeks, car film sets = 10 days)
2. Shipping and handling costs are different depending on the country of destination. For Germany the price is 8,90 € including VAT for a total package weight of up to 4 kg. For cash on delivery shipment a surcharge of 6,--€ is added. All other prices will be displayed for selection in yur shopping basket before sending your order. The minimum order value is 20,--€. For orders below this valie a low quantity surcharge of 10,--€ will be charged.
Płatność: Zaliczka w góry, PayPal, karta kredytowa, SOFORT Banking
All shipping costs include the respective value added tax at the time of purchase.
Shipping is done by UPS.
(!!! In case of shipment to non-EU contries e.g. Switzerland, possible taxes or costum fees are not included !!!)
Right of Withdrawal Instruction
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VI. Right of withdrawal:
Right of withdrawal:
According to §13 BGB (German Civil Code) we guarantee our customers a right of withdrawal of 14 days. This period begins with the receipt of the goods and a detailed instruction for the right of withdrawal in written form. You can revoke your contract in writing (e.g. email, fax or letter) within 2 weeks without stating reasons or by returning the goods. To meet the withdrawal time limit the timely mailing of the withdrawal statement or return of the goods will be sufficient. Please return the goods to the following address stating your full bank account details: IFOHA GmbH & Co.KG - Großhandel für selbstklebende Fensterfolien, Klompenweg 4a, 46419 Isselburg, Germany, Fax: 02874-9007-29, Contact: info (at) ifoha.de
Return costs will be at your expense if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 Euro or if you have not rendered a valuable consideration or an agreed partial payment at the time of withdrawal if the price of the goods exceeds this amount. Otherwise the return is free of charge for you. To ensure a fast return and to keep the costs as low as possible we willingly pick up the goods at your site. Please give us a short note in this regard.
The right of withdrawal does not apply to distance selling contracts
-for the delivery of goods that have been manufactured according to the customer’s specifications or have been clearly tailored to his needs or are not suitable for return due to their character (e.g. used films) or may quickly deteriorate or have passed their expiriy date,
- for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the customer,
- for the delivery of newspapers, journals or magazines
Consequences of wihthdrawal:
In case of an effective withdrawal already received benefits on both sides have to be returned and any uses obtained (e.g. interest) must be surrendered. If the customer is unable to return the received benefit in whole or partially or only in impaired conditions, he is obliged to provide a compensation. This does not apply to the surrender of goods if the deterioration of the goods is due only to their examination – such as might have been possible in a store. Besides, the customer can avoid the duty of compensation by not using the goods as his property and refraining from any action that might impair its value. Package capable goods have to be returned. Goods that can not be consigned via parcel service will be picked up at the customer’s site. Obligations to refund payments have to be fufilled within 30 days after sending the statement of withdrawal.
Special notes
VII. Advertising material for business customers and resellers.
If IFOHA supplies advertising material such as film samples, catalogues or posters, these are free of charge as long as the business relationship endures. They have to be returned to IFOHA after the business relationship has ended. Used-up advertising materials will be billed. Advertising posters that have been printed on the customer’s order with its company name and/or logo gedruckt wurde,can not be returned and therefore will be billed with 90 Euro net plus VAT.
VIII. Warranty and liability.
1. Obvious defects must be reported to us in writing within a period of 3 calendar days after receipt of parcel. This period is preclusive. If no defects are reported until its expiry claims can no longer be invoked. Material already processed can not be accepted asclaim.
Defective material will be replaced free of charge. Facts of exclusion, in particular §§ 460, 464, 467, 351 BGB (German Civil Code) as well as §§ 377, 378 HGB (German Commercial Code) remain unaffected.
2. In case of defective deliveries or services we have the choice to either rectify or subsequently deliver. Should these measures fail the customer can claim cancellation or reduction. A failure shall be assumed if rectification or subsequent delivery are impossible, refused by us in writing, a deadline of 2 weeks under threat of refusal to accept performance passes without succes or our rectification attempt fails twice. In any case we retain the right to remedy by rectification or subsequent delivery.
Custom-made articles as well as articles from special offers or remainders are non-returnable.
3. Any further guarantee claims are excluded. We are, however liable for the lack of warranted qualities as designated by law.
4. Guarantee claims do not apply if the deficiency results from non-observance of installation or mounting instruction by the customer or if compulsory performance data have been exceeded. (e.g. films for protection against sun, infrared radiation or cold always have to be mounted on the outside of insulating glass with a k-value greater than 3.0 W/m²K !) Guarantee claims are further excluded if the deficiency is due to unauthorised changes made by the customer or if the customer has attempted to remedy the deficiency by himself or by others.
5. We offer a guarantee of 2 – 10 years, for detail plese see the respective product documentation. The guarantee for roller blinds is 2 years. We reserve the right to material-related alterations of the guarantee period. The guarantee for films becomes void if they are improperly processed or cleaned. The inclusion of small dust particles can not completely be avoided during the coating process. No guarantee claims can result from this. The same applies to roller blinds delivered by us, improper handling voids their guarantee too. No guarantee claims can result from scratched window films due to improper cleanung. The scratch resistance of the films relates to plastic material only. Furthermore, no guarantee claims result from damages due to outside influences or improper installation or mounting. Changes in tint, color or dimensions are reserved. When mounting window films, the rooms need to be as dust-free as possible. Small inclusions in laid films are inevitable due to dust particles in the air, they in no way affect their effectivity, have no influence on their lifespan and do not entitle to guarantee claims. This especially applies to outside laying. We are not liable for glass breakages or other damages that occur after a film coating. The absorption of costs of any kind is explicitly excluded. Our technical data are based on non-binding manufacturer informations.
6. We are entitled to refuse the fulfillment guarantee claims as long as the customer does not pay the contractual fee minus an appropriate deduction in consideration of the deficiency or if the customer does not meet other substantial obligatiuns resulting from the contract.
7. We are generally not liable for errors resulting from imprecise information submitted by the buyer (e.g. drawings or oral statements).
8. Claims resulting from default in performance of contract against us only apply if they are attributable to intent or grooss negigence. The burden of proof is on the customer. The limitation of liability applies to the same extent for our representatives or auxiliary personnel.
IX. Reservation of proprietary rights
1. We reserve the right of ownership of the delivered goods until complete settlement of all claims arising from the current business relationship.
X. General
1. All consents differing from these terms and cnonditions only apply if they have been confirmed by us in writing. Oral agreements with our representatives and technicians are void in any case. Effgective terms have to be put down in writing on the original order and require our written affirmation.
2. Should any part of these terms and conditons or a provision within the scope of other agreements be or become ineffective or should a loophole be discovered, a valid provision or operation shall apply that comes closest to what both parties want or may have agreed upon if they had taken account of this point.
3. These Terms and Conditions are effective from 01 December 2004. We reserve the right to alterations at any time.
XI. Place of jurisdiction
1.As far as the buyer is an an enterpriser, a legal entity under public law or public assets, the court of jurisdiction agreed is the company`s (IFOHA’s) registered office.