DELIVERY TIMES & GENERAL CONDITIONS OF SALE
See also General Conditions of Sale, § 4 Delivery.
Standard models that are in stock can be supplied within 8 working days while custom designs will take approx. 14 working days.
All models in the Creativo Design Collection (standard and custom designs) are subject to a purchase commitment. Orders will only be processed once a deposit has been received. Custom bath carpets will be completed subject to technical feasibility. Supplied templates must be to scale.
General Conditions of Sale
§ 1 Scope 1.1 These conditions of sale alone shall apply. Any contrary conditions or conditions of our customer that deviate from these conditions will not be recognised. 1.2 Our conditions of sale only apply to contracts of the type named in §310 BGB (German Civil Code). 1.3 Our conditions of sale shall also apply to all further business with our customers.
§ 2 Offer for sale / order 2.1 Our offers are always non-binding and are simply an invitation to the customer to place an order. 2.2 A contract is formed when Kleine Wolke confirms the order in writing or fullfils the order.
§ 3 Prices and payment 3.1 In the absence of any other agreement, the prices we quote are ex factory in euros exclusive of packaging and VAT. 3.2 After conclusion of the sales contract, Kleine Wolke shall be entitled to request a price adjustment if its supplier, due to sovereign intervention, any measure imposed by the authorities or extreme market developments, is unable to fullfil previously concluded supply contracts at a price higher than the agreed price. Where Kleine Wolke exercises this price adjustment right, the purchaser shall be entitled to withdraw from the contract. Notice of withdrawal from the contract is to be given within 2 weeks of receipt of notification of the price adjustment. With regard to the punctuality of the notice of withdrawal, this is measured from the date of receipt. 3.3 In the absence of any agreement, invoices are payable within 10 days of invoice date with a 3% discount or within 30 days of invoice date net. 3.4 Should the purchaser's financial status deteriorate during the term of the contract or if, following its decision, Kleine Wolke is unable to adequate information about the purchaser or if it has reason to doubt the purchaser's ability to pay or if the purchaser fails to meet its paymant obligations on time, Kleine Wolke shall be entitled to demand prepayment or prior guarantee of the purchase price for the supply of goods under all outstanding contracts. In such cases, Kleine Wolke shall also be entitled, without prejudice to its other rights, to withdraw in part or in full from the contracts. 3.5 In the event of refusal to take delivery, non-fulfilment of obligations, sale of the business / essential assets or default the whole of the purchase price shall fall due immediately. All discounts, commissions etc. shall be forfeited and the purchaser shall be required to pay the gross invoice price. 3.6 Payments are to be made exclusively to Kleine Wolke. Nobody is authorised to collect payments on Kleine Wolke's behalf. All payments will be set against the total account debt. In the event of late payment, interest of 8% above the base rate will be applied to arrears and expenses charged. This shall not affect Kleine Wolke's other rights. 3.7 The only counter claims that may be offset against invoices issued by Kleine Wolke are those recognised by Kleine Wolke or previously determined by a court of law. 3.8 The purchaser may only exercise a withholding right where a counter claim exists under the same contractual relationship.
§ 4 Delivery 4.1 We deliver carriage paid. A charge of 8.50 euros per order will be made as share of the freight and packaging charges. 4.2 In the absence of any other agreement, goods ordered on standby must be taken within 3 months. 4.3 If Kleine Wolke is late delivering or unable to deliver, the purchaser undertakes to set an initial deadline of 1 month for Kleine Wolke to fulfill its obligations. This period begins upon receipt of written notice of the deadline from the purchaser following the onset of a delay. Upon expiry of the deadline, the purchaser will be entitled to withdraw from the contract. 4.4 Other than in the event of wilful damage or gross negligence, no claims for damages of any kind relating to failure to meet deadlines shall be admitted. 4.5 Kleine Wolke undertakes to choose an appropriate form of packaging but accepts no liability for damage in transit. 4.6 The goods shall be sent carriage paid at the purchaser's risk. 4.7 Kleine Wolke shall be released from its obligation to perform in the event of deficiencies in materials or workmanship, stoppages, strikes, lock-outs, transport difficulties, also in third-party works, delivery delays and inability to deliver on the part of Kleine Wolke's suppliers, insurrection, war, intervention by the authorities and force majeure.
§ 5 Guarantee and liability 5.1 The purchaser shall not be entitled to make any claims against Kleine Wolke for discrepancies in colour. Kleine Wolke reserves the right to make any necessary engineering changes. A tolenance of plus or minus 5% shall be permitted with relation to all thicknesses, sizes, measurements, weights and strenghts; in the case of standard goods, the applicable tolerances are given on the standard specification sheets. 5.2 Kleine Wolke is to be notified of defective goods within 8 days of receipt. Where delivered items display a defect for which Kleine Wolke is responsible, the purchaser shall be entitled to request a replacement delivery. If the replacement delivery fails to materialise, the purchaser shall be entitled to deduct the value of the item or withdraw from the contract. 5.3 For reasons of hygiene, the return or exchange of bathroom sets and individual items, shower curtains and bath safety mats is not permitted. 5.4 The invoice amount will be based on the initial weights, measurements and number of units. Deliveries are to be checked immediately. Any shortages are to be reported within 1 week of receipt of the goods on the control sheet supplied. 5.5 Goods are guaranteed for 1 year from the transfer of risk. 5.6 Kleine Wolke accepts no liability for midly negligent infringement of a non-material contractual obligation. In the event of midly negligent infringement of material contractual obligations, Kleine Wolke's liability is limited to compensation for typical damage that could have been foreseen by Kleine Wolke. Kleine Wolke accepts no liability for damage that is atypical of this type of contract or for unforeseeable consequential damage. Liability for physical injury is excluded from this limitation.
§ 6 Retention of title 6.1 Until all claims relating to the commercial relationship, including any subsidary claims, have been made in full and until bills of exchange and cheques have been cashed, the goods supplied shall remain the property of Kleine Wolke. 6.2 Where by operation of the law the purchaser has acquired ownership or co-ownership of the goods as a result of joining, mixing or processing, it shall be deemed to have been agreed that at the moment of acquisition of ownership by the purchaser, Kleine Wolke reacquires ownership / co-ownership of the new objects whereby the purchaser assumes responsibility for the proper safekeeping, which shall not be remunerated, of the goods. Where the goods are in the possession of a third party, the purchaser hereby agrees to assign its right to Kleine Wolke. 6.3 Goods that have not yet been fully paid may only be sold by the purchaser in accordance with the normal commercial regulations. This authorisation shall cease to apply in the event of default or if bankruptcy proceedings are initiated against the purchasers' assets or a deed of arrangemant applied for in order to avert bankruptcy. 6.4 Where the purchaser sells goods that have not been fully paid for, the purchaser assigns all rightful claims and subsidary rights with regard to the purchaser's customers to Kleine Wolke. 6.5 The hypothecation or pledging as security of goods that have been fully paid for or the assigned rights relating to them is inadmissible. 6.6 If Kleine Wolke so wishes, the purchaser shall be required to immediately provide Kleine Wolke with the name of and amounts owed by its debtor, inform the debtor of the amount claimed and request that it pays the relevant amount to Kleine Wolke exclusively. Kleine Wolke also reserves the right to inform the purchaser's debtor of the assignment of the claim and demand payment on its own account. Kleine Wolke will refrain from collecting any assigned claims providing the purchaser meets its payment obligations. 6.7 Kleine Wolke is to be informed immediately of any hypothecation of goods along with the details of the pledge holder. Kleine Wolke reserves the right to repossess any goods - in respect of § 3 Sections 3.4 and 3.5 in particular - which remain its property.
§ 7 General provisions 7.1 The governing law shall be that of the Federal Republic of Germany. The UN Sales Convention shall not apply. 7.2 The place of performance for both parties shall be Bremen. 7.3 The place for jurisdiction shall be Bremen. 7.4 Should any of these provisions prove inoperative, or should there be a gap in the provisions of the contract based on them, this shall not affect the validity of the remaining provisions.
Kleine Wolke Textilgesellschaft mbH & Co. KG Postfach 75 02 65 28722 Bremen/Germany