General Terms And Conditions
General Terms and Conditions of Business and Delivery of Supporters Art LTD
The following terms and conditions apply to business relationships and the initiation of business relationships in distance selling. They apply exclusively to contracts for the following movable items: films, fabrics, flags, banners, flagpoles, fabric paint paint, foil paint, paint spray cans, cardboard boards, kink lights, confetti, balloons, umbrellas, adhesives, rubber rings, megaphones, flame retardants, care products, textiles, scarves, accessories and advertising materials.
The contractual partner (hereinafter: Seller) becomes:
Supporters Art LTD
128 City Road
London, EC1V 2NX
VAT ID No.: GB421341445000
Registered in United Kingdom, Number 13925379
Management: Timo Grommes
Authorised signatory: Sandro Battaglia
Contractual partners (hereinafter: buyers) may become natural and legal persons.
(1) The following General Terms and Conditions (GTC) apply to all contracts concluded between Supporters Art LTD (hereinafter referred to as "Seller") and the Buyer for the delivery of goods as well as the processing and finishing of fabrics, films, textiles and promotional items. The GTC also apply to all future business relationships, even if they are not agreed separately again. (2) Deviating conditions of the buyer, which the company Supporters Art LTD does not expressly recognize, are non-binding for Supporters Art LTD, even if they do not expressly object. The following General Terms and Conditions shall also apply if Supporters Art LTD executes the Buyer's order without reservation in the knowledge of conflicting or deviating conditions of the Buyer.
III) Offer and conclusion of contract
(1) All offers of Supporters Art LTD are subject to change and non-binding, unless they are expressly marked as binding or contain an acceptance period. Orders or orders may be accepted by the Seller within fourteen days of receipt. (2) The written order confirmation, including the General Terms and Conditions of Delivery, shall be decisive solely for the legal relationship between the Seller and the Customer. Verbal promises of the seller before the conclusion of the order confirmation are legally non-binding and verbal agreements of the contracting parties are replaced by the written order confirmation, unless it is expressly stated in each case that they continue to apply bindingly. (3) Additions and amendments to the agreements made, including the General Terms and Conditions of Delivery, must be made in writing in order to be effective. With the exception of managing directors or authorized signatories, the seller's employees are not entitled to make verbal agreements deviating from this. (4) The contract language is exclusively german.
IV) Prices and terms of payment
(1) The prices stored in the offer of Supporters Art LTD are ex works and include customary packaging, unless otherwise specified in the order confirmation. The statutory value added tax is already included in the prices, this will be shown separately in the invoice at the legally applicable amount on the day of invoicing. (2) Payments must be made in accordance with the conditions stated on the invoice. (3) In the event of default in payment, customary bank interest may be charged. Payments are always used to settle the oldest debt items due plus the default interest accrued thereon. A payment is only deemed to have been made when the seller can also dispose of the amount. (4) The buyer is only entitled to offset, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, have been recognized by Supporters Art LTD or are undisputed. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
V) Delivery and performance time
(1) Delivery dates or deadlines that have not been expressly agreed as binding are exclusively indicative values. The delivery times specified by Supporters Art LTD only begin when all production-relevant questions have been clarified and appropriate prerequisites have been created. Likewise, the buyer must fulfill all obligations incumbent on him properly and in a timely manner. (2) Supporters Art LTD is not liable for an impossibility of delivery or for delivery delays, insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in procuring the necessary official Approvals, official measures or the non-existent, incorrect or late delivery by suppliers) have been caused, for which the seller is not responsible. If such events make the delivery or service significantly more difficult or impossible for the seller and the hindrance is not only of temporary duration, the seller is entitled to withdraw from the contract. In the event of obstacles of temporary duration, the delivery or service periods shall be extended or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the order by means of an immediate written declaration to the seller. (3) Supporters Art LTD is entitled to partial deliveries and partial services at any time, insofar as this is reasonable for the buyer. (4) If the buyer is in default of acceptance, Supporters Art LTD is entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the buyer culpably violates his obligations to cooperate. Upon the occurrence of default of acceptance or debtor, the risk of accidental deterioration and accidental loss shall pass to the buyer.
VI) Transfer of risk, shipping, packaging and transport insurance
(1) Unless expressly agreed otherwise, loading and dispatch shall be carried out at the expense of the buyer. The choice of the shipping method and the shipping route is made in coordination between Supporters Art LTD and the buyer and fixed in writing. If the customer does not expressly select any of the shipping methods provided for selection by Supporters Art LTD, the seller shall make the selection at his reasonable discretion. (2) At the request and expense of the Buyer, the Seller may also secure a delivery of goods by means of transport insurance. (3) The buyer must check the delivery immediately upon receipt for transport damage and immediately notify the transport company and Supporters Art LTD of any damage in writing, drawing up a damage report. (4) Supporters Art LTD does not take back transport and all other packaging in accordance with the Packaging Regulations; pallets are excluded. The buyer must dispose of packaging at his own expense. (5) If the shipment is delayed at the request or through the fault of the buyer, the seller shall store the goods at the expense and risk of the buyer. In this case, the notification of readiness for dispatch is equivalent to dispatch.
VII) Warranty & Liability
(1) Supporters Art LTD is liable to the buyer in accordance with the legally applicable regulations. The buyer is entitled to the statutory warranty rights. (2) The delivered goods must be carefully inspected immediately after delivery to the buyer or to the third party designated by him. The delivered articles shall be deemed to have been approved and accepted, unless Supporters Art LTD has received a written notice of defects with regard to obvious defects or other defects that were recognizable during an immediate, careful examination.
VIII) Obligations of the Buyer / Rights to Motives
(1) The Buyer undertakes to comply with legal and official regulations, in particular criminal law, copyright and/or trademark law and/or other provisions of intellectual property law and competition law and not to infringe any rights of third parties. By transmitting motifs for production (e.B. customer-specific, individual textile finishing) to Supporters Art LTD and commissioning them for production, the buyer confirms to Supporters Art LTD that no copyrights, property rights or other rights of third parties are impaired by the reproduction and distribution of this motif, furthermore the buyer indicates that he is entitled to reproduce and distribute this motif. (2) The buyer confirms to Supporters Art LTD that the submitted motif does not violate applicable law.
IX) Retention of title
(1) Until all claims, including all balance claims from current account, to which Supporters Art LTD is entitled against the buyer now or in the future, the delivered goods (reserved goods) remain the property of Supporters Art LTD.(2) In the event of breach of contract by the buyer, in particular in the event of default in payment, Supporters Art LTD has the right, after setting a reasonable deadline in advance, to demand the surrender of the reserved or new goods and/or from the withdraw from the contract; the buyer is obliged to surrender. Neither the demand for surrender nor a seizure with regard to the reserved or new goods constitutes a declaration of withdrawal by the seller, unless this is expressly declared.
X) Cancellation policy
Consumers have a right of withdrawal in respect of the purchased goods if the rules on distance contracts are applicable.
Subject to the following instruction:
X.1) Right of withdrawal
The buyer has the right to revoke the contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the buyer or a third party named by the buyer, who is not the carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, the buyer must inform Supporters Art LTD by means of a clear declaration (e.B. a letter sent by post, fax or e-mail) of his decision to revoke the concluded contract. The customer can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that the buyer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
The revocation or return must be sent to:
Supporters Art LTD
128 City Road
London, EC1V 2NX
(1) The right of withdrawal does not apply to distance contracts and individual articles that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
X.3 Consequences of revocation
If the buyer revokes the contract, Supporters Art LTD is obliged to repay all payments received by Supporters Art LTD from the buyer, including delivery costs, immediately and at the latest within fourteen days from the day on which the notification of the buyer's revocation has been received by Supporters Art LTD. Repayments can be refused by Supporters Art LTD until any goods still with the buyer have been transferred back to Suppoerts Art LTD.
In the event of a revocation, the buyer must return or hand over the goods already received to Supporters Art LTD immediately and in any case at the latest within fourteen days from the day on which the buyer has informed the seller of the revocation. The deadline is met if the buyer sends the goods before the expiry of the period of fourteen days. Costs incurred for the return of the goods are to be borne by the buyer.
The buyer must only pay for any loss of value of the goods if this is due to a handling of the buyer that is not necessary to check the nature, characteristics and functioning of the goods.
XI) Place of performance, place of jurisdiction, applicable law
(1) Place of performance and jurisdiction for deliveries and payments as well as all disputes arising between Supporters Art LTD and the buyer from the purchase contracts concluded between Supporters Art LTD and the buyer is the registered office of Supporters Art LTD, Kemp House City Road. Supporters Art LTD, on the other hand, is entitled to sue the buyer at his place of residence and/or place of business. (2) Relations between the contracting parties shall be governed exclusively by the law applicable in the United Kingdom. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. (3) Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
General Terms and Conditions and Client Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Price and Delivery Costs
- Shipment and Delivery Conditions
- Liability for Defects
- Law and Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These Terms and Conditions of the company Supporters Art Ltd. (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of e-mail or telephone.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be applicable.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs. .
5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.6 Collection by the Client is not possible for logistical reasons.
6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Law and Jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.