Your contractual partner is Roesler CeramInno GmbH. These General Terms and Conditions apply to the Flaschenfreunde project. The business relationship between you (hereinafter referred to as the “Customer”) and Flaschenfreunde shall be governed exclusively by the following General Terms and Conditions in their currently valid version. Flaschenfreunde does not recognise any deviating terms and conditions of the contractual partners unless their validity is expressly approved. The offer is directed exclusively at tradesmen or members of the liberal professions who are in each case entrepreneurs as defined by § 14 BGB (German Civil Code).
The customer agrees that Flaschenfreunde may, if required, use the customer’s logo or other image and text templates as a reference on its website or in other advertising material.
The presentation of the goods does not constitute a binding offer by Flaschenfreunde. Information in advertisements, catalogues, websites and the like are non-binding. Contracts are concluded through acceptance by Flaschenfreunde following the customer’s order.
An order can be placed via the following channels: E-mail, telephone, webshop or in writing by post or in person. Confirmation of receipt of the order by e-mail does not yet constitute acceptance of the offer. Acceptance takes place by means of a separate order confirmation by Flaschenfreunde, e.g. by e-mail. The order confirmation can also be made by sending an invoice.
A minimum order quantity of 50 bottles applies to all orders.
Flaschenfreunde reserves the right not to supply legal entities without giving reasons.
5.1 The customer agrees that invoices may also be created and transmitted to him electronically. The customer agrees to be informed by e-mail or by post about offers from Flaschenfreunde. The customer shall ensure sufficient readiness for reception.
5.2 The list prices at the time the order is placed shall apply to the delivery. Errors and changes reserved in consultation with the customer.
5.3 The prices are exclusive of VAT, plus shipping costs, without separate accessories and other ancillary services, unless otherwise agreed in writing.
5.4 Prices on Flaschenfreunde websites and in materials are recommended retail prices.
5.5 All invoices are to be paid by bank transfer and on the terms stated on the invoice. Unless otherwise stated, 50% deposit is to be paid in advance, the balance is to be paid according to the invoices in principle within 10 days after receipt of the delivery. The initial order for the goods must be paid for in advance.
The delivery is carried out by a forwarding agent.
Delivery is generally made within 3-4 weeks after order confirmation. The delivery date is stated in the order confirmation and may vary with regard to the delivery period depending on the scope of goods or existing delivery restrictions. Flaschenfreunde does not guarantee any delivery times.
We reserve the right to deliver in any case, even after acceptance of the order. Operational disruptions, fire, shortage of raw materials and goods, railway blockage as well as other unforeseeable circumstances, which reduce the production or make it impossible in the intended manner, are considered as force majeure and release the supplier from the assumed delivery obligations.
We shall be released from our obligation to deliver if we ourselves are not supplied, or are not supplied on time, with the correct goods ordered for the customer.
Claims for damages due to late deliveries, non-delivery, etc. are excluded.
In the performance of the contract, Flaschenfreunde reserves the right to make slight deviations from the provisions, representations and details in electronic documents, flyers, catalogues or other written documents with regard to colour, dimensions, weight, design and other similar features if these are deemed reasonable for the customer. Flaschenfreunde understands reasonable to mean customary variations due to technical production processes, such as minor air bubbles in the glass, minor printing errors, deviations in the seam in the glass.
The colour values and design references specified in the order confirmation apply. Since the purchased goods are usually custom-made, Flaschenfreunde must reserve the right to make a customary excess or short delivery of up to 10%. Custom-made products are excluded from exchange and cannot be returned.
Details, illustrations, drawings, technical data, descriptions of weights, dimensions and services contained in flyers, catalogues, circulars, advertisements or price lists are for information purposes only. Flaschenfreunde does not guarantee the accuracy of this information. Only the information contained in the order confirmation shall be decisive with regard to the type and scope of the goods delivered.
Obvious defects must be notified in writing within 8 days of receipt of the goods. Upon release for sale, all claims shall lapse, except for hidden defects. If the customer fails to do so, he loses all claims. Flaschenfreunde is, however, entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high effort for Flaschenfreunde compared to the other remedy. In the case of companies, Flaschenfreunde will initially provide a warranty for the defects of the goods at its own discretion, through rectification or replacement. The customer shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. Claims for direct or consequential damages are excluded to the extent permitted by law.
The warranty shall be provided in accordance with the statutory provisions. If an exchange or an improvement is not possible (not possible, too much effort, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action). Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded.
Any shipping costs incurred in the event of a return due to defects will be borne by Flaschenfreunde. The return must be made after consultation with Flaschenfreunde. However, the customer undertakes to avoid unnecessary costs by selecting the shipping method accordingly. The goods are to be shipped in such a way that they are protected as best as possible from transport damage. The shipping methods of Flaschenfreunde serve as a reference.
Flaschenfreunde does not guarantee the constant and uninterrupted availability of the online offer.
The warranty expires if the customer carries out interventions and/or repairs without express written confirmation from Flaschenfreunde.
Es gelten die in der Auftragsbestätigung angegebenen Farbwerte und Gestaltungshinweise. Da es sich bei den gekauften Waren in der Regel um Sonderanfertigungen handelt, muss sich Flaschenfreunde eine handelsübliche Mehr- oder Minderlieferung von bis zu 10% vorbehalten. Custom-made products are excluded from exchange and cannot be returned.
Apart from personal injury, Flaschenfreunde shall only be liable if gross negligence is proven.
Flaschenfreunde is only liable for damage caused by simple negligence if an obligation is breached which is of particular importance for achieving the purpose of the contract and if the damage is typical and foreseeable due to the contractual use of the goods. Any further liability for damages, in particular for damages that have not occurred to the delivery item itself, for loss of profit or other financial losses is excluded.
Flaschenfreunde is only liable for its own content on the website. Insofar as Flaschenfreunde provides access to other websites via links, Flaschenfreunde is not responsible for the content contained therein.
The statutory liability for defects remains unaffected.
Flaschenfreunde retains ownership of the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. bill of exchange costs, financing costs, interest, etc.).
During the period of retention of title, the customer is obliged to treat the goods with care. Furthermore, he is obliged to immediately notify third parties of access to the goods, for example by way of seizure, as well as any damage to or destruction of the goods, as well as a change of ownership of the goods and his own change of residence.
The Purchaser shall use all documents (including samples, models and data) and knowledge which it obtains from the business relationship with the Supplier only for the jointly pursued purposes and shall keep them secret from third parties with the same care as its own corresponding documents and knowledge if the Supplier designates the documents as confidential or has an obvious interest in keeping them secret. This obligation shall commence from the first receipt of the documents or knowledge and shall apply indefinitely.
The obligation does not apply to documents and knowledge which are generally known or which were already known to the purchaser on receipt without the purchaser being obliged to maintain secrecy, or which are subsequently transmitted by a third party authorised to pass on such documents or knowledge, or which are developed by the receiving customer without exploitation of documents or knowledge to be kept secret.
The business relationship between the parties shall be governed exclusively by German law.
The agreement on the place of jurisdiction applies equally to domestic and foreign customers.
The place of performance and jurisdiction for all services is exclusively the registered office of Flaschenfreunde.
Contrary terms and conditions of purchase and delivery on the orderer’s application forms are not binding for the supplier as long as it has not expressly confirmed them in writing.
Should any provision of these GTC be or become invalid or contradict statutory provisions, the validity of the remaining provisions shall remain unaffected. The two contracting parties shall replace the ineffective provision with one that comes as close as possible to the economic sense and purpose of the ineffective provision. The same shall apply in the event of a contractual loophole.
Flaschenfunk