General terms and conditions
Terms and Conditions of Sale, Delivery and Payment
1. Validity
The following terms and conditions shall exclusively apply in the legal relationship between clients and WMC logo concept GmbH Munich, Germany (subsequently referred to as "WMC®”). We do not accept any client terms and conditions that are contrary to or deviating from our own. The WMC® terms and conditions shall exclusively apply, even in the event that WMC® effects a delivery despite being aware of conditions of the client that are contrary to or deviating from our own.
2. Contract
Offers by WMC® are without obligation and are non-binding. Contractual agreements are entered into exclusively upon written confi rmation from WMC®. This also applies to the scope of delivery. Amendments and additions to the contract are only binding upon WMC® when these have been confi rmed in writing or agreed by a specifically authorised representative. The catalogue prices are calculated in Euros as net prices (ex works), excluding VAT.
3. Delivery
Unless explicitly stated in the contractual agreement, no fixed delivery deadlines apply. Delivery takes place under the proviso that WMC® itself supplies the goods properly and in a timely manner and that a lack of availability of goods is not caused by negligence or wilful intent on our part. Goods are dispatched on behalf of and at the risk of the client. Packing costs are quoted at a net price. Our shipping and transport insurance is all inclusive. Suitable packaging is used to ensure safe transportation and robust delivery methods are employed. Reasonable amendments to the specifi cations will be accepted by WMC® where possible. WMC® creates the shape, colour and finish of promotional logos printing these onto the promotional item in a manner deemed to be most effective from an advertising point of view. Providing that no alternative agreements have been made with the client, WMC® may create and execute promotional logos for the client and for its own purposes.
4. Tools and Custom-Made Products
Tools/moulds used in the production of custom-made products remain the property of WMC® on a pro-rata basis. Tools/moulds and printing tools are charged at their actual net costs. With custom-made products, the exclusive liability for copyright and similar rights lies with the client. The minimum order value for custom-made products, notwithstanding the range of goods, is € 1.000,–..
5. Payments
Payment (strictly net), 30% down payment upon order confirmation, balance due within 10 days of the date of invoice unless payments are cash on delivery or in advance. The client is only entitled to offset rights or payment retention with
claims that are undisputed or established by a court of law. No assignment of any claim against WMC® can be made.
6. Reservation of Title
Delivered merchandise shall remain the property of WMC® until full payment of all outstanding debts arising from the business relationship with the client.
7. Warranty
In the event of a legitimate, timely notice of defect, WMC® has the choice of rectifying the defect or making a substitute delivery. The enforceability of more extensive claims, particularly consequential harm caused by any defect is excluded. In order to inspect or handle a notice of defect, WMC® may demand the return of goods at the client’s own risk and expense. WMC® is not liable for the lack of any specifi c warranted feature. WMC® is not liable for slight negligence. The liability of WMC® is restricted to a refund for damage which might be typically foreseeable under the contract. Liability according to Product Liability Law remains unaffected.
8. Copying Promotional Logos
WMC® reserves the right to copy the client’s promotional logo on the item delivered to the client, for the purpose of advertising.
9. Data Protection
WMC® is authorised to process your personal data within the scope of contractual relations and for the handling of the order. WMC® hereby confi rms that the terms and conditions of the Data Protection Act 1998 are adhered to in their entirety. WMC® can, for business purposes, pass on the data received from you to companies within the WMC® global group, as well as to our affi liated companies and those companies assigned to effect the implementa-tion of the contract, foster existing contractual relations and enforce claims on behalf of WMC®. The above-mentioned measures can be carried out by WMC® in the Netherlands and in countries of the European Union. Data can also be handled and processed in the USA and in other countries, although the conditions of data protection law may be less extensive there than in the countries of the European Union. Through appropriate action, WMC® will ensure that data is protected to the same extent in non EU countries, such as the USA, as it is in those countries of the European Union. By placing an order with WMC®, you consent to the collection, processing and use of the data received from you, as well as to the use and transmission of your data for the purpose of current or future offers or market research. If you object to this please send a request for suppression of your details to WMC logo concept GmbH, Einsteinstrasse 7, D-85716 Munich.
10. Place of Fulfilment and Venue
All contracts shall be governed by and construes in accordance with the Laws of Germany and the client submits to the jurisdiction of the German Courts. In the event that individual terms and conditions are or become completely or partially invalid, the remaining terms and conditions shall continue to apply. In the event of invalidity of any such individual term, the contracted parties undertake to replace such invalid term with a cost effective, legally valid alternative version.
1. Validity
The following terms and conditions shall exclusively apply in the legal relationship between clients and WMC logo concept GmbH Munich, Germany (subsequently referred to as "WMC®”). We do not accept any client terms and conditions that are contrary to or deviating from our own. The WMC® terms and conditions shall exclusively apply, even in the event that WMC® effects a delivery despite being aware of conditions of the client that are contrary to or deviating from our own.
2. Contract
Offers by WMC® are without obligation and are non-binding. Contractual agreements are entered into exclusively upon written confi rmation from WMC®. This also applies to the scope of delivery. Amendments and additions to the contract are only binding upon WMC® when these have been confi rmed in writing or agreed by a specifically authorised representative. The catalogue prices are calculated in Euros as net prices (ex works), excluding VAT.
3. Delivery
Unless explicitly stated in the contractual agreement, no fixed delivery deadlines apply. Delivery takes place under the proviso that WMC® itself supplies the goods properly and in a timely manner and that a lack of availability of goods is not caused by negligence or wilful intent on our part. Goods are dispatched on behalf of and at the risk of the client. Packing costs are quoted at a net price. Our shipping and transport insurance is all inclusive. Suitable packaging is used to ensure safe transportation and robust delivery methods are employed. Reasonable amendments to the specifi cations will be accepted by WMC® where possible. WMC® creates the shape, colour and finish of promotional logos printing these onto the promotional item in a manner deemed to be most effective from an advertising point of view. Providing that no alternative agreements have been made with the client, WMC® may create and execute promotional logos for the client and for its own purposes.
4. Tools and Custom-Made Products
Tools/moulds used in the production of custom-made products remain the property of WMC® on a pro-rata basis. Tools/moulds and printing tools are charged at their actual net costs. With custom-made products, the exclusive liability for copyright and similar rights lies with the client. The minimum order value for custom-made products, notwithstanding the range of goods, is € 1.000,–..
5. Payments
Payment (strictly net), 30% down payment upon order confirmation, balance due within 10 days of the date of invoice unless payments are cash on delivery or in advance. The client is only entitled to offset rights or payment retention with
claims that are undisputed or established by a court of law. No assignment of any claim against WMC® can be made.
6. Reservation of Title
Delivered merchandise shall remain the property of WMC® until full payment of all outstanding debts arising from the business relationship with the client.
7. Warranty
In the event of a legitimate, timely notice of defect, WMC® has the choice of rectifying the defect or making a substitute delivery. The enforceability of more extensive claims, particularly consequential harm caused by any defect is excluded. In order to inspect or handle a notice of defect, WMC® may demand the return of goods at the client’s own risk and expense. WMC® is not liable for the lack of any specifi c warranted feature. WMC® is not liable for slight negligence. The liability of WMC® is restricted to a refund for damage which might be typically foreseeable under the contract. Liability according to Product Liability Law remains unaffected.
8. Copying Promotional Logos
WMC® reserves the right to copy the client’s promotional logo on the item delivered to the client, for the purpose of advertising.
9. Data Protection
WMC® is authorised to process your personal data within the scope of contractual relations and for the handling of the order. WMC® hereby confi rms that the terms and conditions of the Data Protection Act 1998 are adhered to in their entirety. WMC® can, for business purposes, pass on the data received from you to companies within the WMC® global group, as well as to our affi liated companies and those companies assigned to effect the implementa-tion of the contract, foster existing contractual relations and enforce claims on behalf of WMC®. The above-mentioned measures can be carried out by WMC® in the Netherlands and in countries of the European Union. Data can also be handled and processed in the USA and in other countries, although the conditions of data protection law may be less extensive there than in the countries of the European Union. Through appropriate action, WMC® will ensure that data is protected to the same extent in non EU countries, such as the USA, as it is in those countries of the European Union. By placing an order with WMC®, you consent to the collection, processing and use of the data received from you, as well as to the use and transmission of your data for the purpose of current or future offers or market research. If you object to this please send a request for suppression of your details to WMC logo concept GmbH, Einsteinstrasse 7, D-85716 Munich.
10. Place of Fulfilment and Venue
All contracts shall be governed by and construes in accordance with the Laws of Germany and the client submits to the jurisdiction of the German Courts. In the event that individual terms and conditions are or become completely or partially invalid, the remaining terms and conditions shall continue to apply. In the event of invalidity of any such individual term, the contracted parties undertake to replace such invalid term with a cost effective, legally valid alternative version.
CUSTOMER-SERVICE
