Terms and conditions
General Terms and Conditions for Bocek Martin & Co. KG (Terminal plus)
Area of application/delivery area
- For any business relations between Terminal plus Martin Bocek & Co. KG/Sas and the buyer, these applied general terms and conditions are exclusively valid in this version at the time of the order and without any further explicit agreement.
- Conflicting or additional terms and conditions of the customer, as well as verbal agreements, are only binding if they have been agreed to and confirmed by Martin Bocek & Co. KG/Sas in written form.
Offer and conclusion of contract
- All offers are subject to change without notice, unless the information "binding" is expressly attached. A contract between the seller and the buyer is concluded by a written order of the customer (e-mail, letter or fax) and the subsequent written order confirmation by the seller.
- Information such as illustrations, dimensions and weight specifications in the information and advertising documents provided are non-binding. We reserve the right to make changes in design and material, provided these are not of a fundamental nature and the contractual purpose for the customer is not restricted. The seller reserves the right to make misprints, errors or technical changes.
- The customer has the right to revoke his order by sending his revocation by e-mail to Martin Bocek & Co. KG/Sas immediately after completion of the order (firstname.lastname@example.org). The company will then confirm the cancellation of the order in written form. If there is a comprehensible reason, such as default of payment or non-payment of previous deliveries, Martin Bocek & Co. KG/Sas is entitled to revoke or cancel orders placed by the concerned customer.
- All prices in the currency stated in the offer are subject to change without notice and are quoted ex works plus transport costs and packaging; this will be invoiced separately.
- The statutory value-added tax is not included in the prices; it is shown separately in the order confirmation and invoice at the statutory rate, unless otherwise provided by law.
- After the order confirmation, the ordered goods will be ready for dispatch within the period defined with the customer.
- Shipping costs are always at the expense of the buyer, unless otherwise agreed. Possible transport damages are to be complained by the buyer/recipient immediately after receipt of the commodity with the transport enterprise and to the company Martin Bocek & Co. KG/Sas immediately after receipt of the goods. This only applies to transports carried out by Martin Bocek & Co. KG/Sas. The dispatch takes place at the responsibility of the buyer.
- Should it happen that the ordered products are not available at the given time, or only partially available, the buyer will be informed immediately. In this case, the company Martin Bocek & Co. KG/Sas reserves the right to withdraw from the contract.
- Should the customer be in default with the payment of an earlier delivery, the company Martin Bocek & Co. KG/Sas reserves the right to withhold future deliveries or not accept orders without being obliged to compensate for any damage that may arise.
- The goods shall remain the property of the seller until all claims arising from the business relationship with the customer have been satisfied, including future claims arising from contracts concluded simultaneously or later.
- This shall also apply if individual or all claims of the seller have been included in a current account and the balance has been struck and acknowledged.
- The right to return ordered and delivered goods exists only if there is a verifiable reason. However, the return must be reported to the seller in advance and approved by him in written form.
- If goods are returned by the buyer without prior notice, the seller reserves the right to refuse acceptance.
The goods must be returned in their original packaging and in mint condition.
- The buyer must ensure that the goods are sufficiently packed to protect them from possible further damage during transport. For reasons of liability, the transport will be organized and paid by the buyer.
- The seller reserves the right to charge a handling fee for the return. In case of product defects, the seller decides on the necessity of return. In the event of a return due to a product defect, the seller will organize the transport and bear the costs. Nevertheless, the buyer must ensure that the goods are well protected during the transport and that no further damage is caused to the complained goods.
- If the goods are custom-made for the buyer, there is no right of return. The seller reserves the right to decide on a case-by-case basis whether the defective products will be replaced, re-produced or credited. A claim for damages going beyond this due to possible lost orders on the part of the customer does not exist in principle.
Warranty and liability
- The warranty period is twenty-four months from the arrival of the goods. Obvious defects in products must be submitted to the seller in written form no later than two weeks after receipt of the goods. In the event of a warranty claim, Martin Bocek & Co. KG/Sas is free to remedy the defect by repair, replacement delivery or repayment or credit note of the purchase price.
- The replacement goods will be delivered without additional costs for the buyer. If the removal of the defects or replacement delivery fails, the buyer may withdraw from the contract or demand a reduction in the purchase price. Claims of the buyer which go beyond this, in particular claims for damages of the purchaser, are excluded unless the damage was caused by Martin Bocek & Co KG/Sas or its vicarious agents with intent or gross negligence.
- All works remain in full copyright property of the salesman. Drafts, drawings or other services created for the customer but not accepted by the Customer shall remain the intellectual property of the Seller and, like the final product, shall be subject to the statutory copyright.
- An implementation of unfinished drafts, drawings of works, or other services by another agency or another service partner of the customer is prohibited. The copyright and its regulations shall also be deemed to have been agreed if the copyright and its regulations have not been completely reached. Without the seller's consent the project may not be used, including the author's name, neither in the original nor in a modified version. Any imitation, even of parts of the work, is inadmissible and will be prosecuted under copyright law. Otherwise, the documents can only be brought to the attention of a third party with the written consent of the seller.
In the event of force majeure (war, natural disasters, etc.), the seller is released from the obligation to perform. Should the hindrance last longer than 30 days, the customer is entitled to withdraw from the contract. Further claims are excluded.
Product illustrations and descriptions in catalogues, price lists, brochures and websites may deviate from the currently available products after a certain period of time. The company Martin Bocek & Co. KG/Sas reserves the right to supply equivalent successor products.
Terms of payment
The respective prices at the time of the order are valid. In the case of credit card payments, the payment information shall be passed on to the bank upon delivery of the goods, at the latest. Invoice reductions, such as not agreed reductions, packaging deductions, postage deductions or other reductions to which the seller has not agreed, shall remain as open items and be claimed as such. In case of default of payment, reminder fees and interest will be charged. After the expiry of the payment deadline set with the 3rd reminder, the claim will be handed over to a collection agency or a law firm.
The personal data required for the execution of the contract are made available by the buyer of his own free will and stored by the seller within the framework of the proper completion of order processing. The seller guarantees the highest security standards and undertakes to protect the buyer's data against any unauthorized access within the framework of technical possibilities.
Applicable law / place of jurisdiction
The contract is subject to Italian law. The contracting parties both agree that before taking legal action an amicable solution is reached with the intervention of the Court of Arbitration of the Bolzano Chamber of Commerce.
The decision of the arbitral tribunal is binding for both parties. The exclusive place of jurisdiction is Bolzano (Italy).
Amendments, supplements and subsidiary agreements must be made in written form. If provisions of this contract are null and void, the validity of the other provisions shall not be affected thereby. Instead of the invalid provisions, what comes closest to the intended purpose in the legally permitted sense shall apply. (Version dated 01 January 2019)
Responsible for the management are the owners of Martin Bocek & Co. KG/Sas (Via Bolzano 78, 39011 Lana, Italy): Telephone. +39 -345-3861685