General Terms and Conditions

§ 1 - Scope and conclusion of contract

  1. Our goods, services and quotes are offered exclusively on the basis of our General Terms and Conditions in the version valid at the time the contract is concluded in Germany. The General Terms and Conditions will also apply to all future business relations, even if they are not explicitly agreed upon again.
  2. Quotes contained in advertisements and price comparison sites etc. are non-binding and subject to change - this also refers to price information.
  3. The purchase order is a binding offer to purchase. We can accept this offer at our discretion by sending a confirmation of the order within four weeks or by sending the ordered goods to the ordering party within this period.

§ 2 - Prices

  • The prices indicated in the relevant quote shall be applicable. All prices include statutory VAT.

§ 3 - Delivery

  1. Partial deliveries and partial performances that are reasonable for the Buyer are permissible. Each partial delivery and partial performance that is reasonable for the Buyer is considered an independent delivery and performance.
  2. Unless the Supplier has conclusively refused performance beforehand, the Buyer may demand in writing, 4 weeks after a non-binding delivery date or a non-binding delivery period, delivery within an appropriate period. The Supplier is in default after this reminder.
  3. In the case of default, the Buyer may also grant the Supplier in writing an appropriate extension for subsequent performance of his obligations. If an appropriate extension period granted by the Buyer to the Supplier for performance or subsequent performance lapses without performance, and the Supplier is responsible for this, the Buyer may demand compensation of damages in lieu of performance. A claim for compensation for full performance may not be asserted if the Supplier did not perform properly and the breach of duty is insignificant. The claim for compensation is limited to a maximum of 10% of the purchase price in the case of slight negligence. If the Buyer is a legal entity governed by public law, a special fund under public law or an entrepreneur pursuant to Para. 14 BGB (German Civil Code), he is entitled to compensation only in cases of specific intent or gross negligence.
  4. Disruptions to the business operations of the Supplier or his primary suppliers that are beyond the control of the Supplier, in particular industrial disputes and lock-outs as well as cases of force majeure as a result of unforeseeable circumstances through no fault of the Supplier shall extend the delivery period correspondingly.
  5. Mode of delivery shall be selected at the discretion of Pyramidenkönig Di Napoli. The special requests of the Buyer may only be considered if they are specified when the order is placed and have been confirmed by us in writing. Additional costs for special delivery and consignment requests shall always be borne by the Buyer. The delivery point is customarily the first ground-level, lockable door. A different point of delivery may be agreed in writing at the expense of the Buyer.
  6. Delivery costs are indicated when the order is placed. In the case of collective orders, the total delivery costs are indicated in the order confirmation.

§ 4 - Executions

  1. Customary tolerances apply to measurements, quantities, weights and thicknesses. The Buyer accepts deviations in production sizes of +/- 5 mm as customary tolerances, unless in individual cases the deviation is unacceptable for the Buyer.
  2. We reserve the right to modify or develop listed products in line with technical progress without special notification unless in individual cases the modification is deemed unreasonable for the Buyer.
  3. Details about and illustrations of the colours of the foams are not binding. This does not affect cover fabrics. These may vary according to availability.
  4. Custom-made products are not returnable. The warranty rights shall remain unaffected by aforesaid. For custom-made products, the information contained in our written confirmation of the order is the exclusive basis for execution of the order unless we promptly receive a written objection from the Buyer at the latest within one week.
  5. If the Buyer has made sketches, models or samples available to the Supplier for the execution of special orders, the Buyer is responsible for ensuring that no third party property rights are violated. He indemnifies us against any third party rights resulting from property rights violations. If we are prohibited from executing a special order on the grounds of a property rights violation, we may discontinue work until the legal situation has been clarified amicably or in a legally valid way.

§ 5 - Payment

  1. The Buyer may pay in advance (bank transfer), partly in advance or in cash on collection.
  2. Payment against invoice is only possible after a customer account has been set up.
  3. The Buyer may only set up a counterclaim or enforce a lien against us if his counterclaims have been recognised or legally established.

§ 6 - Warranty and liability

  1. If you order product(s) as consumer, that is to say for purposes which are not related to your commercial nor your self-employed work, you are entitled to withdrawal according to the following instruction of withdrawal:

    Instruction of withdrawal

    Right of withdrawal
    You may withdraw your declaration of purchase in writing (via email, mail or facsimile) within 14 days without stating the reasons or -if you obtained the product(s) before the expiry of the 14-day period- by reshipment of the product(s). The mentioned term begins after receiving these instructions in written, but not before you have received the ordered products (in case of recurring delivery of similar goods not before receipt of the first partial delivery of these goods) and also not before we accomplished our duty to inform you according to Article 246 § 2 in connection with § 1 subsection I and II EGBGB as well as our duty according to § 312 e subsection I, sentence 1 BGB in connection with Article 246 § 3 EGBGB. To comply with the withdrawal period it is sufficient to dispatch the withdrawal or the product. The withdrawal has to be directed to:

    Inh. Diego Di Napoli
    Robert-PerthelStr. 82
    50739 Köln / Germany
    Telefax: 0221 13 99 932

    Consequences of withdrawal
    In the event of a legally effective withdrawal both parties have to return the obtained benefits and –if applicable– the obtained fruits of utilization (e.g. as interests). If you should not return the product(s) –or if sold as part of a product combination partially– or not in their original condition, PYRAMIDENKÖNIG reserves the right to demand compensation for lost value. This is not applicable if the deterioration of the product is solely caused by a typical inspection which you would have made in a retail shop. You can avoid the duty for compensation of lost value refraining any use of the product(s), even if it may be a reasonable use as proprietor of the product(s). Products which can be forwarded as parcel can be send back at our own risk. It is agreed that you have to bear the transportation costs to PYRAMIDENKÖNIG , if the delivered product corresponds to the product which you have ordered and if the price of the returned product does not exceed 40 Euro or, if exceeding, at the time of your withdrawal you still did not render an agreed partial payment or payment in full. If you have received the ordered Product and have simply changed your mind about purchasing it, you may return the Product or entitlement to Service to PYRAMIDENKÖNIG for a refund, subject to the payment of the transportation charges if the price of the Product does not acceed 40 Euro or-in case of a higher price- if at the moment of withdrawal you still did not obtain the Product or entitlement to service or effected a –contractual agreed– partial payment. Otherwise the return delivery is free of charge. PYRAMIDENKÖNIG will arrange for the Product –which cannot be forwarded as parcel– to be collected with its nominated carrier. Obligations for refund of payments have to be fulfilled within 30 days. This time period starts for you with the dispatch date of your withdrawal declaration, for us with reception of your declaration.

    End of instruction of withdrawal

§ 7 - Assignment of rights

  • Rights resulting from transactions conducted with us, especially warranty claims, are not assignable.

§ 8 - Reservation of ownership

  1. The goods shall remain the property of the Supplier until the claims to which the Supplier is entitled according to the sales contract have been settled.
  2. If the Buyer is a legal entity governed by public law, a special fund under public law or an entrepreneur pursuant to Para. 14 BGB (German Civil Code) for whom the contract forms part of his commercial activity, the reservation of ownership shall apply to the claims that the Supplier has towards the Buyer on the basis of his current business relations. The processing of goods does not involve acquisition of ownership according to Paragraph § 950 BGB (German Civil Code). The processed goods serve as security to the amount of the invoiced value of the processed reserved goods. If the goods are resold, any claims arising from this are assigned by the Buyer to the Supplier. The assigned claim serves as security for the purchase price claim, in the case of running accounts for the outstanding amount, to the amount of the invoiced value of the sold goods.
  3. At the request of the Buyer, the Supplier is obliged to waive his reservation of ownership if the Buyer has fulfilled all claims associated with the object of purchase and if appropriate security exists for the remaining claims relating to the current business relations.

§ 9 - Data protection

  • Information transferred with the Buyer's order are processed and saved in connection with the fulfilment of the Contract. Data is passed on to third parties exclusively within the framework of contract fulfilment.

§ 10 - Right of withdrawal

  • The Buyer may withdraw his order without having to state reasons within two weeks in writing (e.g. letter, fax, email) or by returning the goods. The period begins upon receipt / acknowledgement of this notification. The deadline is deemed to have been observed if the notice of withdrawal or goods is/are sent in time. The notice of withdrawal shall be sent to:
    Inh. Diego Di Napoli
    Robert-PerthelStr. 82
    D-50739 Cologne

§ 11 - Reversed transaction

  • If you have effectively withdrawn your contract with us or you have another right to return the goods, the following regulations shall apply to the reversed transaction:
  1. The goods shall be returned by the Buyer if the goods were mailed as a mail package. If this is not the case, we will appoint a forwarding agency to collect the goods.
  2. The costs of returning the goods shall be paid for by the Buyer unless the value of the goods exceeds 40.00 € and no deposit was paid.
  3. The costs of returning the goods shall also be paid for by the Buyer if the goods cannot be sent as a package according to the transport regulations of DHL (large-volume deliveries).
  4. If the quality of the goods deteriorates, the Buyer is liable to provide compensation for the value of the goods. This does not apply if the deterioration is exclusively the result of the inspection of the goods.
  5. Money paid to us shall be refunded exclusively concurrently after we have received the goods. Until we have received the goods, we have no obligation to make the payment and the deadline as defined in § 286 Para. 3 BGB (German Civil Code) does not become effective. We do not have a right to retain the money paid to us in the case of an effective withdrawal if you can prove that you duly handed in the goods to the post office or another forwarding agency.
  6. Freight-collect packages shall not be accepted. Costs incurred by the Customer in this connection shall not be paid by us.
  7. Goods that have been modified or custom-made at the request of the Buyer are non-returnable.
  8. Returned goods that are not based on a Buyer's right of withdrawal according to his warranty rights shall be accepted by us only with prior consent. If this is not the case, we can refuse to receive the goods or we can return the goods at the expense of the sender.

§ 12 - Place of performance and applicable law

  1. Place of performance is Cologne (FRG).
  2. The law of the Federal Republic of Germany applies exclusively. The UN Sales Law shall not be applicable.

§ 13 - Place of performance and applicable law

  • The ineffectiveness of individual provisions herein shall not affect the validity of the remaining provisions.

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