General Terms and Conditions
Sales Conditions of Kurt Faustig KG, D-82131 Stockdorf Manufacturer of exquisite classic and modern crystal lighting.
I. Invalidity of Previous Sales Conditions All previous sales conditions are hereby rendered invalid.
​
II. Conclusion of Sale
The following general delivery and payment conditions apply to all – including future – contracts, deliveries, and other services including consultations, information, etc.
​
Purchaser's terms of purchase that have not been modified or excluded with our express written consent shall not become part of the contract, even if they are not expressly contradicted. Our offers are non-binding. Contracts and other agreements, especially oral agreements and assurances made by our sales staff, become binding only upon our written confirmation. The same applies to changes and supplements to the contract.
​
The information, drawings, illustrations, technical data, weight, size, and performance descriptions contained in brochures, catalogs, circulars, advertisements, price lists, or documents related to offers are non-binding unless explicitly stated as binding in the order confirmation.
​
Kurt Faustig retains unrestricted ownership and copyright exploitation rights to cost estimates, drawings, and other documents; they may only be made accessible to third parties with prior consent from Kurt Faustig, including a reference to all previously mentioned ownership and copyright rights. Drawings and other documents related to offers must be returned immediately upon request if the order is not placed with the supplier. If the violation of the aforementioned customer obligations results in damage to Kurt Faustig, the customer is fully liable according to legal provisions. This also applies if a contract is not concluded. The same applies accordingly to documents of the purchaser; these may, however, be made accessible to third parties to whom the supplier legitimately transfers deliveries or services.
​
III. Prices
Our prices are in €, excluding VAT; this will be invoiced separately at the rate valid on the day of delivery. The prices valid on the day of the order are applied. The prices always exclude light sources.
​
IV. Delivery
Shipments with a net value over €1,500 travel free of charge within the Federal Republic of Germany; shipments leaving Germany are shipped freight collect from Stockdorf. Wooden crates, which are necessary for shipping piece goods and are model-dependent for other shipping methods, will be charged at cost. The breakage insurance is 2% of the net goods value.
​
Upon request, we insure against all risks including breakage and loss at 4% of the goods value. For net amounts under €750, 5% packaging costs will apply; between €750 and €1,500, 4%. The return of packaging is not cost-effective, especially since the packaging material makes up the smallest part of the calculated expenses.
​
V. Acceptance
Delivered items must be accepted by the purchaser even if they exhibit minor defects, without prejudice to their rights.
VI. Delivery Time The delivery time begins on the day when agreement on the order exists between the purchaser and us. For orders consisting of multiple items, partial deliveries of individual products, which will be invoiced separately, are permissible.
The purchaser's right to withdraw after the fruitless expiration of a reasonable grace period, which must be at least 4 weeks, remains unaffected. Claims for damages due to non-fulfillment are excluded.
​
If the failure to meet the confirmed deadline for deliveries or services is demonstrably due to mobilization, war, unrest, strike, lockout, or the occurrence of unforeseen obstacles, the deadline will be appropriately extended by the duration of the obstacle.
​
VII. Transfer of Risk
The risk of accidental loss of the goods passes to the purchaser as soon as we have dispatched the goods. Any agreed returns are always at the risk of the sender and must be adequately insured by the sender.
​
VIII. Payment Terms
Unless otherwise agreed in writing, the following payment terms apply: 50% of the order amount upon order placement to commence production, and 50% upon readiness before shipping.
​
If payment terms are not adhered to or if facts become known that raise justified doubts about the purchaser's creditworthiness, all our claims become immediately due. The same applies to incurred costs, for services, and for goods that are in progress or completed but not yet delivered. In these cases, we only need to carry out outstanding deliveries and services against advance payment or security and can withdraw from the contract after a reasonable grace period and claim damages for non-fulfillment.
​
If the agreed payment deadlines are exceeded, default occurs. For merchants, default interest of 9% above the base interest rate will be charged. In case of non-fulfillment of the contract by the purchaser due to unilateral withdrawal from the contract, acceptance delay, or other reasons, we are entitled to claim damages amounting to 15% of the sales price. The assertion of a higher default damage remains reserved. Proof of a lower damage by the purchaser is permissible.
​
IX. Set-off
The purchaser may only offset claims that are undisputed or legally established.
​
X. Retention of Title
We reserve the right of ownership of the delivered item until all claims we have against the purchaser arising from the business relationship are fulfilled. In the event of a breach of contract by the purchaser, particularly in the case of payment default, we are entitled to reclaim the delivered item. A return of the item or a seizure by us constitutes a withdrawal from the contract only if we explicitly declare this in writing.
​
In the event of seizures or other interventions by third parties, the purchaser must notify us in writing without delay. During the period of retention of title, the purchaser is prohibited from pledging or transferring ownership of the delivered item as security.
​
The purchaser is entitled to resell the delivered item in the ordinary course of business. If the purchaser themselves provides a payment term, they are likewise obligated to assert a retention of title against their customer in such a way that ownership only passes to the customer when they have fully met their payment obligations.
​
The purchaser hereby assigns to Kurt Faustig all claims— including any balance claims—arising from the resale against the buyer or against third parties, regardless of whether the retained goods are sold without or after processing. The purchaser is authorized to collect these claims even after assignment. Our right to collect the claims ourselves remains unaffected; however, we commit to not collecting the claims as long as the purchaser duly meets their payment obligations.
​
We can require the purchaser to inform us of the assigned claims and their debtors in the event of payment default, to provide all necessary information for collection, to hand over the corresponding documents, and to inform the debtors of the assignment. If the delivered item is resold together with other goods not owned by us, the purchaser's claim against the buyer is deemed assigned to the extent of the delivery price agreed upon between us and the purchaser.
​
The assignment of the claim against the purchaser’s customers only applies to the amount that corresponds to the goods invoiced by Kurt Faustig, processed according to the value of the goods supplied by the supplier.
The assigned claim (in case of partial assignment, the claim part) is to be satisfied with priority. If the purchaser delivers the goods to their buyer also under retention of title, the purchaser also assigns all claims arising from the retention of title to Kurt Faustig, who accepts the assignment (extended retention of title).
​
The processing or transformation of retained goods is always performed by the purchaser for us, so that we are considered the manufacturers. If the retained goods are processed with other items not owned by us, we acquire co-ownership of the new item in proportion to the value of the retained goods compared to the other processed items at the time of processing. The same applies to the resulting item as for the retained goods.
We commit to releasing the securities we are entitled to, to the extent that their value exceeds the secured claims, as long as these have not yet been settled by more than 30%.
​
XI. Breakage Damage
Breakage insurance is calculated at 2% of the net value; at special request, it can be excluded at the latest when placing the order, although this is not recommended, as the sensitive item would then travel uninsured at the recipient's risk, and potential breakage damage could far exceed the otherwise charged 2%. Upon request, we insure against breakage and loss at 4% of the good's value.
​
Breakage damages are only compensated if breakage insurance has been charged and paid. For larger damages, it is further required that the shipment, even if the outer packaging shows no damage, is unpacked at the recipient's address no later than the day after its arrival (without further transport) and that an immediate damage report is requested from the delivering transport company (post, forwarding company, railway, etc.) (the goods and complete packaging must be available for inspection). The broken parts must only be sent back to us free of charge after the damage report has been prepared.
​
Free repair of damaged lights or replacement of parts (excluding low-value parts) without an official damage report is also excluded, even with paid breakage insurance! When requesting replacements, always send the desired part— even if broken— as pure descriptions or sketches tend to lead to misunderstandings.
​
XII. Returns
Can only be made with our prior consent and must be freight prepaid and insured. All costs for delivery, return, repair, and repackaging will be deducted from the credit note; this does not apply in the case of justified claims by the purchaser due to rectification or withdrawal.
​
XIII. Liability and Defects
Minor deviations in material, design, and color are reserved and do not entitle the purchaser to assert warranty or other claims.
​
We are liable for defects as follows:
All parts or services that become unusable or whose usability is significantly impaired due to circumstances occurring before the transfer of risk within 24 months from the date of transfer of risk shall be repaired, newly delivered, or newly provided free of charge at our discretion. Such defects must be reported to us in writing without delay. The warranty does not cover normal wear and tear, nor damages that occur after the transfer of risk due to improper or negligent treatment, excessive strain, unsuitable operating materials, or chemical, electrochemical, or electrical influences that are not assumed under the contract.
​
The purchaser must fulfill their contractual obligations, particularly the agreed payment terms. If a defect claim is made, the purchaser may withhold payments to an extent that is in reasonable proportion to the defects that have occurred. The purchaser may only withhold payments if a defect claim is made, the validity of which cannot be doubted. To remedy the defect, the purchaser must allow us a reasonable amount of time and opportunity. If the purchaser refuses this, we are released from liability for the defect.
​
If we allow a reasonable period set by the purchaser to pass without remedying the defect, the purchaser may demand withdrawal from the contract (rescission) or a reduction in the remuneration (reduction). Claims for further damages are excluded. This does not apply if the exclusion or limitation of liability for damages resulting from injury to life, body, or health is agreed upon, based on intentional or negligent breach of duty by the user, a legal representative, or an agent of the user; it also does not apply if the exclusion or limitation of liability for other damages is agreed upon, based on intentional or grossly negligent breach of duty by the user, a legal representative, or an agent of the user.
Claims arising from manufacturer recourse remain unaffected.
​
XIV. Other Claims for Damages
Any claims for damages from the purchaser due to positive contractual breach and violations of obligations during contract negotiations shall expire within two years from the occurrence of the claim. Claims for damages from unlawful acts are excluded unless there is mandatory liability for personal injuries or damages to privately used property under the Product Liability Act or in cases of intent or gross negligence. The limitation of this exclusion of liability applies correspondingly as set out in the penultimate paragraph of Section XIII.
XV. Place of Fulfillment and Jurisdiction
Stockdorf is the place of fulfillment for both parties. If the purchaser is a full merchant or has their registered office abroad, Starnberg is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
XVI. Applicable Law
German law applies to the contract. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
XVII. Binding Nature of the Contract
The contract remains binding even if individual provisions are legally ineffective. This does not apply if adherence to the contract would result in unreasonable hardship for one party.
​
Status as of 11/2018
​
​
​
​
​
​
​
​
​