1. General
The following conditions of business apply to business relations with the SPORTS Shop ordering system and all information provided in this context, whether in oral or written form or by means of telecommunications. The placing of an order will indicate acceptance of these conditions of business.
2. Conclusion of a Contract
The purchase contract will come into being when R+H confirms the order in writing or carries out a corresponding delivery.
3. Delivery
The delivery of specific groups of goods from the Company’s product line does not obligate the Company to deliver its entire line.
4. Prices
All of the prices on the price list are in EUR-GBP, ex works packaging, shipping and insurance costs.
The price payable for the Goods by the Purchaser will be the price for the Goods on the Company’s price list on the day of delivery. All prices in our price list are unit prices for a pair of individual sport-adjusted lenses inclusive of special SPORTS base curves. Discounts do not apply to SPORTS lens purchases. For information on coatings and tints please see the relevant section.
5. Payment
Invoices are payable within 30 days from the date of the invoice. In the event of default in payment by the Purchaser, the Purchaser shall pay default interest at a rate of 8% above the currently valid base interest rate pursuant to Sec. 247 of the German Civil Code.
6. Shipping
Packaging and shipping costs as well as the costs for transport insurance shall be borne by the
Purchaser and charged at cost. If at the request of the client transport insurance is not to be provided by the Company, the risk of loss, accidental loss or accidental deterioration of the Goods passes to the client as soon as the Goods leave the Company’s factory.
Any delay in delivery of goods due to force majeure of any kind will not give rise to any claim for damages or compensation or allow the purchaser to terminate any order for goods. Time of delivery is not of the essence.
7. Retention of Title
Title to the goods remains with the Company until payment has been made in full for the goods by the purchaser and until all other outstanding sums due to the Company have been paid. In the event of an attachment by a third party to the Goods, the said third party shall be notified of the Company’s retention of title and the Company shall be notifi ed immediately of the attachment by a third party.
8. Guarantee
Each and every consignment of goods shall be inspected by the purchaser immediately upon receipt by the purchaser within 8 days. The purchaser must notify the Company of any defect immediately with reference to the delivery note number of the Goods in respect of which the complaint is being made. If there is a defect, the Company is entitled to subsequent performance at its discretion (namely it can decide whether to remedy the defect or substitute delivery). Except in the case of injury to health, the Company is only are liable for damages suffered by the Purchaser due to intent or gross negligence by the Company. The term of the guarantee is 2 years.
9. Liability
Liability for damage to the party placing the order, including under the terms of our guarantee, will not, to the extent that it is permissible, be recognised. This exclusion will not apply in cases of harm to human health, criminal intent or gross negligence. This will also apply in cases of indirect damage or to damage caused as the result of a defect. Otherwise, except in cases of harm to human health, we will only be liable in cases of criminal intent or gross negligence. All claims by the party ordering the goods, irrespective of the reason, will expire 12 months at the latest after the transfer of risk to the party ordering the goods.
10. Applicable Law
The laws of the Federal Republic of Germany will apply. The provisions of international purchasing law will not be recognised.
11. Place of Performance and Jurisdiction
Place of performance and jurisdiction is Bamberg, Germany. Proper law for all deliveries is that of Germany.
12. Saving Clause
Should any individual provisions in this delivery contract or the General Terms and Conditions of Business be invalid, the other conditions will remain valid.
13. Data Protection
The ordering data will be stored for a term of 12 months following receipt of the order. We will be entitled to store and process all data concerning business relationships in accordance with the German Data Protection Act (Bundesdatenschutzgesetz). Further, we will also be entitled to send you information on the SPORTS Shop by email until cancelled.
Rupp + Hubrach Optik GmbH Bamberg