General conditions of sale of Futuring DL Management sarl

1. Scope

In addition to primary contractual agreements, these General Terms and Conditions apply exclusively to our sales. Differing or supplementary general terms and conditions of the customer will only be effective if we expressly confirm this in writing. These general terms and conditions also apply exclusively to all subsequent transactions between the parties.

2. Conclusion of individual contracts

The customer can order contract products from us at any time that correspond to the agreed minimum purchase quantity for individual orders. We are not obliged to accept corresponding orders. If an order is rejected by us, we will inform the customer within two weeks of receipt of the order. Orders must state the date and the desired goods according to item number, description, quantity and price. Orders can be sent to us via Internet, fax, email or post. The order placed in accordance with Section 2.b only becomes binding once it has been accepted by us to the customer by means of a written order confirmation. Section 2.b sentence 3 applies accordingly. If we carry out a delivery without a valid order being in place or without a corresponding order confirmation being issued by us, a contract with regard to this delivery is concluded when the customer accepts the goods unless the purchaser objects to us in writing to the conclusion of the contract one week after receipt of the delivery.

3. Prices and payment terms

The prices of the contractual goods result from the price list agreed between the parties. The customer pays us in advance - cash on delivery - direct debit - credit card payment - paydirekt - PayPal. The assignment of the customer's claims to third parties is excluded.

4. Delivery times, delivery obstacles and risk bearing.

Unless we notify otherwise when accepting an order for goods, the order will be delivered to the purchaser as agreed within two weeks of acceptance at the latest, provided the purchaser has fulfilled his payment obligation in accordance with Section 3. We are entitled to make an earlier delivery at any time. If, after the conclusion of an individual contract, it turns out that the producer and/or sub-supplier or subcontractor of ours ultimately does not deliver or an import restriction prevents the purchase of the goods for an indefinite period of time, we are entitled to to withdraw from the contract or – if only part of the agreed delivery is affected – to withdraw from the contract in this respect. The customer will be informed immediately by us of the complete or partial unavailability of the delivery, and any consideration already provided will be reimbursed in the same way. Force majeure, labor disputes, operational disruptions through no fault of our own, unrest, official measures and other unavoidable events release the parties for the duration of the disruption and, to the extent of its effect, the main performance obligations affected by it. The parties are obliged, within reason, to provide the necessary information immediately and to adapt their obligations to the changed circumstances in good faith.

5. Retention of title

If the goods have not yet been paid for, we reserve ownership of the goods delivered until all payments from this contractual relationship have been received. If the purchaser behaves in breach of contract, in particular if payment is delayed, we are entitled to take back the goods subject to retention of title at the purchaser's expense. After taking back the goods, we are authorized to recycle them. The proceeds from the sale, less appropriate utilization costs, will be offset against the purchaser's liabilities. The purchaser is entitled to use the reserved goods themselves or to sell them in the ordinary course of business. We can revoke the authority to consume and sell if the customer defaults on his payment obligations. The purchaser hereby assigns to us all claims that he acquires from the sale against his customers or third parties and claims from insurance benefits due to loss or damage to the reserved goods or from unlawful acts in full as security. We hereby accept this assignment. The purchaser is revocably authorized to collect these claims. We will only issue the revocation and collect assigned claims if the purchaser defaults on his payment obligations, stops his payments or an application for the opening of insolvency proceedings or similar proceedings has been filed in the purchaser's home country. The purchaser is obliged to notify us Request to provide information about the inventory of reserved goods and assigned claims. If third parties access the reserved goods or the assigned claims, the customer must inform us immediately and support us in asserting their rights, in particular by taking the necessary legal remedies to protect our rights.

6. Condition of the contractual products

7. Warranty

The general limitations of liability in Section 8 apply accordingly to claims for damages due to defects in accordance with Section 437 No. 3 of the German Civil Code (BGB). §§ 438 Para. 3 BGB and § 479 BGB remain unaffected. Otherwise, the statutory provisions remain.

8. Choice of law and place of jurisdiction

The law of the state of Germany applies exclusively to this contract and future individual contracts, excluding the UN Convention on Contracts for the International Sale of Goods and private international law. The German courts are responsible for legal disputes arising from this contract or future individual contracts concluded under this contract; the complaining party remains at liberty to do so to sue the other party at another permissible place of jurisdiction. The regular non-exclusive place of jurisdiction in Luxembourg as well as the place of fulfillment and success is Luxembourg/City. The contractual currency agreed between the parties is Euro. All invoices and payments must be made in this currency.

The costs of payment transactions are borne by the contracting party whose credit institution or other paying agent charges the costs.