General Terms and Conditions

General Terms and Conditions


1. Sales Terms

1.1.We only sell/deliver to distributors, tradesmen and wholesalers.
Proof of valid purchasing licence must be provided to us.

1.2. The basis for any order or transaction to or from us is our general terms and conditions. The contractual partner hereby confirms acknowledgment and acceptance of our general terms and conditions.

1.3. Any terms and/or conditions stated by our contractual partner that are not consistent with our general terms and conditions do not apply to us.


2. Order Placement

2.1. In the case that a written order is not carried out or is terminated, it is still valid if our general terms and conditions have been received and confirmed. Offers to and from our customers and business partners that have not been confirmed by us in writing, by the signing of a contract or by order confirmation do not commit us to our general terms and conditions.

2.2. Written and/or verbal information requests, descriptions, cost estimates or the like in regards to the subject of the order are in any case non-binding, unless they have been confirmed by us in writing, by the signing of a contract or by a written order confirmation.

2.3. Endorsements, amendments and changes to the contract must be provided to us in writing. In addition, Endorsements, amendments and changes to the contract must be confirmed by us in writing.


3. Reservation of proprietary rights

3.1. The delivered goods remain entirely our property until all demands, principal and incidental, debts and outstanding bills have been paid and all checks resulting from the business relationship have been cashed.

3.2.

3.3. Pledging or transfer by way of security in regards to goods subject to the retention of title (conditional goods) is not permitted.

3.4. We are to be informed immediately should the conditional goods be seized or impounded due to fault, misconduct or debt of the buyer. Proof of the buyer’s intervention must also be provided to us in writing (original copy of the bailiff’s return etc.). In addition, the buyer is obligated to immediately object to the seizure our impoundment of the conditional goods and must state our rights regarding the goods. The buyer will be held liable for damage payments if he/she fails to object to the seizure or impoundment of our goods and/or fails to state our rights regarding the goods.

3.5. The buyer is committed to insure all conditional goods against theft, damage and loss at his/her own expense and to our benefit. It is hereby agreed upon, that all insurance claims regarding the conditional goods have been transferred to us. We hereby agree and accept the transfer.

3.6. In the event of resale or other legal ground resulting in outstanding payments and/or demands on our behalf against a third party, the buyer hereby transfers his/her claim of property rights to us. We hereby accept this transferral of rights.

3.7. Our proprietary rights include products and goods that have been produced, manufactured, arranged and/or processed for us, without the need for further legal acts or legal binding on our part.

3.8. The buyer completely transfers his/her property rights in regards to newly created products and his co-ownership rights to us. The buyer also renounces all contract claims towards the client, in regards to the value percentages of the products or produced goods. We hereby accept this act of transfer.

3.9. The buyer is authorized to act in trust as long as his/her payments are on time and in due form. This agreement is valid only if all outstanding payments are received by us without delay and in due form.

3.10. Depending on customer liquidity and prior payment habits, we reserve the right to hold goods and services back until they have been fully paid for.


4. Shipment & Delivery

4.1. The goods travel to the buyer at his/her own risk and cost. This also applies to shipments that are sent back to us without a justified reason for reclamation.
In the event that a shipment is returned, the buyer is obliged to return the order/goods via the same way they were received. The buyer is obliged to insure the order/goods adequately. This term also applies if the buyer sells or forwards goods purchased or received from us to other customers of his/her choice.

4.2. We will adhere to delivery schedules and times given and confirmed by us in the form of a written contract or order conformation. The buyer may withdraw from the contract if we fail to deliver on a set date AND, in addition, are not able to deliver within a six-week extension of time. Under no circumstances will we be held responsible for damage claims or non – performance damages.

4.3. In the case of “Force Majeure”, declaration of company or production strike, non- delivery and/or delayed delivery or shipments of goods from our manufacturers/suppliers, the extension of time is extended by the total time period of the interference, plus an adequate start – up period. We also reserve the right to partially and/or fully withdraw from the existing contract(s).

4.4. We reserve the right to conduct partial deliveries, in which, legally, each partial delivery is to be seen as a separate and independent contract.


5. Sampled Offers

5.1. Received sampled offers are considered as purchased if the customer does not return
the sampled offers within a period of 2 (two) weeks or by the return - deadline stated in the contract.

5.2. We are responsible for insurance coverage of the sampled offers within the contractually stated 2 (two) week period. After expiration of the (2) two week period the full insurance coverage and liability for the purchased sampled offers is transferred to the purchaser and/or recipient and we will not be held responsible for damages or losses of any kind.

5.3. Solely our terms and conditions apply to any sampled offers.

5.4. In the event that the sampled offers are used as showcase items or as items in a travel depot, the buyer/customer accepts responsibility for all damages that may occur. The customer is obliged to arrange the necessary and full insurance coverage for the items and hereby irrevocably transfers all rights to any claims or demands which may occur towards insurance agencies to us. We hereby accept this transfer of rights.


6. Complaints and Warranty

6.1. Complaints are to be made immediately, the latest within 1 (one) week after the arrival of the goods and/or shipment in written form.

6.2. If a complaint or reclamation is accepted by us, the customer is entitled only to subsequent improvement or compensation delivery of the goods. Should these two actions fail, then the customer has the option to use his/her entitled legal rights.


7. Prices and Conditions of Payment

7.1. Our prices are calculated in EUR (Euros) and all payments are to be made in this currency. Payments are due as soon as the bill is received.

7.2. Payments to us are to be made without discounts or other price deductions. If we decide to give discounts or price deductions to a customer, the discount or price deduction will be stated in the written contract or in the written and confirmed order acceptance notification.

7.3. All Payments made to us by customers are at the customer’s own risk and expense.

7.4. Our stated prices only apply to the individual, sole order. Additional future orders are regarded as entirely new orders.

7.5. In the event that the prices for raw materials, production costs or any other price increases occur, we reserve the right to correct the final prices of out items, goods and services before the contractual order delivery has taken place.

7.6. Resources, (e.g. pearls, precious metals etc.) provided to us by customers for further processing, are to be transferred into our ownership before production or further processing starts. The value of the resources placed in our ownership will be credited to the customer’s (metal/resource) account.

7.7. In the event that a payment cannot be made on time, the customer must pay interest on the full purchase price according to the customary banking interest rate.

7.8. Any costs caused by delayed payments, such as overdue fines, collecting charges, reminder fees etc. will be charged at the customer’s expense.

7.9. We will only accept bills of exchange if we have confirmed such a transfer agreement in writing. All charges (e.g. for exchange etc.) will additionally be charged to the customer.


8. Redemption

8.1. The redemption of goods can only take place after we have confirmed the redemption in writing. We are not obliged to accept redemptions in which we do not see and confirm mistakes or flaws.

8.2. In the case of a valid redemption, the goods will be credited according to their actual condition, and, if the customer insists, the goods can be estimated by a surveyor of our choice.


9. Copyright Protection

9.1. Our designs, concepts, drafts, models etc. are solely our intellectual property. The buyer, customer and/or third parties are under no circumstances allowed to alter, modify, replicate or in any other way change or reproduce our above listed property. The customer, buyer and/or third party will be held liable for damage charges if a copyright breach of any kind is discovered.

9.2. In the event that a production order is manufactured according to customer specifications, and these specifications breach or in any way violate the rights of a third party, the customer accepts full responsibility for the breach/violation and indemnifies us from any damage claims (law suits, penalty charges etc.).

10. Applicable Law

With the placing of an order, the customer agrees to use German law as the applicable law in regards to the carrying out of the order and the placed order itself.


11. Void in part / Partial Nullity

The legal consequences on § 139 of the BGB (German Civil Code) will be excluded from any contractual agreements made between us and the customer.


12. Place of Performance & Jurisdiction

The place of performance for both/all respective parts of the contract is Fulda, Germany.
The place of jurisdiction for all litigations resulting from a business relationship (including litigations concerning cheques, money wires, money transfers, interest payments etc.) is Fulda, Germany. In the event of a collecting procedure, jurisdiction is in Fulda, Germany.


13. Material defects and warranty coverage regarding electric scooters

In regards to electric scooters the standard legal warranty period applies here.
Should technical defects occur during product usage, the following guarantee policies come into effect:
After informing us, the customer sends the product back to us at his/her own expense. A brief description of the defect/problem should be included in the package. After receiving the package one of our service members will determine if the reparation (including spare parts etc.) is free of charge. If the defect is covered by our warranty policy the product will be repaired so that it is fully functional and will be sent back to the customer at our expense. If the defect is not covered by our warranty policy the product can be repaired by us for a flat charge of € 15.00, plus the individual costs of the spare parts needed to fix the defect. The repaired product will then be sent back to the customer via ‘cash on delivery’ shipment. The customer acknowledges our guarantee policy with his/her order.


Coverage

All receivables from goods and services supplied by PM Euro-Trading GmbH based upon private, non business orientated orders are liable to our general terms and conditions. Supplements or deviations concerning our general terms and conditions must be approved and confirmed by us, PM euro-Trading GmbH, in writing. The same shall apply to any agreement setting aside the written-form requirement.


Right of Withdrawal

According to § 13, BGB, the consumer has the right of withdrawal within a period of fourteen (14) days after receiving the order. The withdrawal does not need an explanation and can be carried out either in writing (e.g. by sending an E-Mail to: service@pmeurotrading.com) or by sending the order back to us at our own risk. Dispatching the product on time to:

PM Euro – Trading GmbH
Hutweide 2
36100 Petersberg

will ensure the cancellation deadline.

Please adequately stamp the package to avoid surcharges. We will immediately refund all postage charges after receiving the returned goods. If used or damaged goods are returned, we reserve the right to deduct the lawfully permitted amount according to the degree of damage or wear. Damage and wear can be avoided by carefully checking the product upon arrival, not using the product if it does not meet your expectations and by returning the product in its original package.


Excluded from the right to return are

Products that:

- have been manufactured or produced according to customer specifications
- are not suitable for return shipments due to properties and condition
- are classified as perishable goods
- have exceeded their date of expiration

and:

- magazines, newspapers
- audio/video recordings and software that have in any way been used or unpacked


Warranty Coverage

Warranty coverage takes place according to legal requirements, terms and regulations.
In the event that a product is damaged or defective upon arrival, the customer has the right to demand a reparation or replacement of the product. If we are unable to repair or replace the damaged or defective product, the customer can return the product for a full refund of the sales price or keep the product and demand a sales price deduction to his/her advantage.
Information concerning manufacturer warranty can be found in the product instruction manual.


Place of Jurisdiction

The place of jurisdiction for all contracts (including contractual disputes concerning checks and bills of exchange) between us and dealers, merchants, tradesmen and persons and/or parties with special public assets is Fulda, Germany. In addition, the place of jurisdiction for all disputes resulting out of business transactions is Fulda, Germany.