Terms and Conditions (GTC)
1. Scope of application
(1). The following general terms and conditions apply exclusively to (offline and online) sales of goods and other services by Colorcircus. The following general terms and conditions shall apply in their respective version valid at the time of the conclusion of the contract. Any other terms or conditions of the buyer will not be recognized by us unless we have expressly consented to this. The performance of the services is not to be regarded as such approval.
(2). These general terms and conditions apply exclusively to contractors as defined by §§ 14, 310 Abs.1 BGB.
(3). Our online offers are non-binding. The offer is addressed only to purchasers who use the goods exclusively in their independent professional, commercial, official activities. This is to be proved to us on request.
2. Registration as customer
(1). You can create your own user account and register as a customer at Colorcircus. Only entrepreneurs acting in their own responsibility (see § 1 para. 2) are entitled to do so. The data required for the creation of the user account are to be stated completely and truthfully by you. Subsequent changes to your personal data are to be entered by you on your own responsibility.
(2). The password you have chosen should be kept secret under all circumstances and not be disclosed to third parties.
3. Conclusion of contract
(1) We sell our goods and other services exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code).
(2). The presentation of our goods is carried out by means of sample pictures which correspond to the original product as far as possible. Screen illustrations may be falsified against the original product. Colorcircus reserves the right to make product changes and improvements, especially for color sequences. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog.
(3). By clicking on the "order for payment" button, you place a binding order of the goods contained in the shopping basket. A purchase contract is only concluded when we accept this offer. This is done exclusively by means of a corresponding e-mail with which we confirm the receipt and acceptance of your order.
No withdrawal in the B2B business !
We supply exclusively entrepreneurs or self-employed persons. If a transaction has been expressly concluded for professional purposes, there is generally no possibility of reverse processing.
4. Prices and terms of payment
(1). The prices are valid at the time of the order placed. There is, in principle, no right to obtain goods at earlier or later, more favorable prices. If we take account of price reductions for your current order prior to the delivery of the goods, this is done voluntarily and without legal obligation.
(2). The deduction of cash discount is only permitted according to the amount shown on the original invoice and in the period indicated.
(3). The fulfillment of the purchase price obligation by offsetting is only permitted to you, if your counter claims are legally valid, undisputed or acknowledged by us. In addition, you are entitled to exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.
(4). All prices are net prices and are subject to 19% VAT. The first order will be paid in advance. The delivery takes place after receipt of the payment. From the 2nd order the delivery is usually against invoice, payable within 7 days with 2% discount, within 14 days without deduction. Delivery against payment in advance is reserved at any time.
(1). Standard products are usually dispatched within 1-3 working days. For custom-made products, the order confirmation informs you about the delivery period.
(2). We ship
- Within Germany with DHL (up to 149,99 Euro value of goods at 4,50 Euro, from 150 Euro value of goods free of shipping costs)
- Within the EU partly also with DHL, according to BeNeLux, Austria, France and Danmark with package services (up to 299,99 Euro value of goods to 8,50 Euro, from 300 Euro value of goods free shipping).
(3). For orders from all other countries, you will receive a separate order confirmation with the exact shipping costs. The order is valid only after approval of this order confirmation.
6. Performance, delivery conditions, delivery delay, acceptance delay
(1). We fulfill our performance obligations from the purchase contracts concluded with you by delivering the goods ex stock.
(2). We are entitled to partial deliveries, provided the partial delivery is reasonable for the buyer in individual cases.
(3.) Our obligation to perform is limited to the delivery of goods to the shipping company or transport company on the stock of goods of the same type and the same description available in our warehouse. There is also no obligation to procure a purchase. In particular, there is no obligation to re-order the same goods with the supplier.
7. Reservation of title
We reserve the right to ownership of the purchased item until all payments under the delivery contract have been received. They are obligated to treat the goods carefully, in particular to protect them from damage.
You are entitled to resell the purchase item in the ordinary course of business. However, you are already assigning to us all claims arising from the resale.
8. Warranty, condition of goods
(1). If the buyer has received defective goods from us, he is entitled within the framework of the legal warranty provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. In addition, the Purchaser may claim damages. The limitations set out in § 8 apply to these.
(2). The limitation period for claims for defects is 12 months from the date of the transfer of risk. This does not apply in the case of claims for damages.
(3). Minor or insignificant deviations with regard to color, material thickness and execution of the goods are reserved and do not lead to a deviation from the agreed upon condition.
(4). We do not accept any guarantee for the agreed upon nature of the goods within the meaning of § 443 BGB.
9. Final provisions, applicable law, jurisdiction, salvatory clause
(1). Amendments or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2). If the buyer is a merchant, a legal person of public law or a public-law special fund, the exclusive place of jurisdiction and the place of fulfillment is Müllheim. The exclusive place of jurisdiction and place of performance also applies to all other purchasers.
In all other cases, which are not regulated in this case, the court of jurisdiction is governed by the law.
(3). Should individual provisions of this contract be ineffective or contradict the statutory provisions, the contract shall remain unaffected thereby.