Our terms and conditions
Dear customer,
We always strive to fulfil your requests promptly and to your complete satisfaction. We have tailored every aspect of our service to ensure that you are entirely pleased with your order, so that your own customers will be completely satisfied with your service, as well. In order to do this and ensure smooth processing and a clear understanding, legal regulations such as delivery, payment and warranty conditions must be adhered to. We hope to always maintain a good business relationship with you on this basis.
1. Bank details
For up-to-date bank details, please call: +49 (0) 9372 – 98 75 50
2. Terms of payment
2.1 Our invoices are payable immediately without any deductions! Delivery is ex works. Deviating conditions must be confirmed by us in writing or noted on the invoice.
2.2 If you do not pay an invoice by the due date, we will charge an additional interest in the amount of 5% above the applicable base rate set by the European Central Bank. In addition, we apply a dunning charge of €3.50 for the first reminder, €9.00 for the second reminder and €20.00 for the third reminder.
2.3 In the event of payment default from an outstanding invoice, all amounts not yet due shall also become due immediately.
2.4 We can credit cheques with a deduction of the costs incurred by us, subject to valid receipt. Cheques do not count as cash payment and are only accepted once they have cleared.
2.5 The purchaser is not permitted to withhold or offset payments due to any existing counterclaims.
2.6 Payments to employees and representatives of our company can only be legally valid if such persons can provide an express written power of attorney for collection. In the absence of such power of attorney, they or any other person shall not be authorised to collect payments.
2.7 Bank transfers (must be free of charge for us) must be sent to the bank account indicated on the invoices. If the debt is collected via a lawyer or a collection agency, additional collection fees must be paid.
2.8 For foreign countries, only prices that have been confirmed by us shall apply. Delivery is ex works plus packaging costs. Payment shall be made by advance payment without a discount or as agreed in writing.
3. Delivery conditions
3.1 Deliveries and calculations shall be made at the prices and conditions valid at the time. The minimum order value is €150,00 net goods value.
For orders that are below the minimum order value, we add a minimum order surcharge of €25.00.
3.2 During transport, the purchaser shall bear the risk of loss or damage to the goods. We are not responsible for transportation problems of any kind. We are free to choose the method of shipping; as far as possible, we will take your wishes into account.
3.3 Since all orders are processed immediately, it is not possible to group them with any orders that have been placed at a later date. Subsequent orders will be fulfilled separately.
3.4 If operational and delivery disruptions occur which have been caused by disruptions to our own operations or those of our suppliers, the agreed delivery periods shall be extended. If the delivery period is exceeded, this does not entitle the purchaser to withdraw from the purchase contract, unless the delay exceeds 3 months or it is a fixed date transaction.
3.5 Leather is a natural product and is therefore subject to variations in its quality and colour. These variations do not entitle the customer to an exchange or discount for the products delivered by us.
4. Exchanges/returns
If, despite our efforts, you are dissatisfied with one of our shipments, we ask you to make a complaint as soon as you receive the goods, but within 8 days at the latest, by registered mail and stating the invoice number and your customer number. In any case, you must obtain our written consent before you return the goods. We cannot accept freight collect returns. If we receive such a return, the costs will be charged to you. You may not return or exchange binding goods orders or properly delivered goods without our express consent. Similarly, we must charge a corresponding handling fee for returns for exchange. If goods are found to be defective, the purchaser may only demand a discount or a replacement delivery. Claims for compensation for indirect damage shall be limited to ten times the pure goods value.
5. Retention of title
We shall retain title to all goods delivered by us until all claims have been paid in full. This assertion of the right of ownership shall not be deemed to be a withdrawal from the contract, rather, this will mean that the customer will be obliged to provide advance payment before orders are fulfilled. The delivered goods may not be pledged or assigned by way of security before they have been paid for in full. Any form of transfer to other businesses whether in Germany or abroad is prohibited. Within the framework of a proper business transaction, the purchaser may make use of the goods. Until our claims have been settled in full, the purchaser shall assign to us as security the full amount of their claims against third parties arising from a resale of the goods that we have delivered. In the event of a conflict with receivables from other suppliers, a quotation is made according to the respective goods value.
If simple retention of title is exercised by retrieving the goods, the customer will be charged the retrieval costs. A handling fee will be charged for crediting the returned goods. This will depend on the respective condition of the goods for resale and amounts to at least 20% of the invoice goods value. If the goods are unsuitable for resale, in whole or in part, a credit note may also be refused.
6. Distance contracts
6.1 In the case of purchase contracts concluded using means of distance communication (e.g. telesales and media services), the purchaser may withdraw from the purchase contract within a period of two weeks without giving a reason.
6.2 The period begins on the day when the purchaser receives the goods.
6.3 The withdrawal of the contract with us must be made in writing, on another permanent data carrier or by returning the goods.
6.4 A right of withdrawal does not apply to purchase contracts for the delivery of goods that have been manufactured according to customer specifications or which are clearly tailored to the personal needs of the purchaser, or which are not suitable for return due to their specific nature.
6.5 In the event of a withdrawal, the purchaser shall be obliged to return the delivered goods to us and we shall bear the costs and risk for the return shipment. For orders of €40 or less, the purchaser must bear these costs themselves, unless the delivered goods do not correspond to what they ordered.
6.6 In all other respects, the provisions of Sections 312b and 312f of the German Civil Code (BGB) (distance contracts) shall remain unaffected.
7. Place of jurisdiction, place of performance
The place of performance and jurisdiction for all mutual rights and obligations arising from the delivery contract, including the rescission or assertion of warranty claims, shall be Obernburg/Main, Germany, irrespective of the amount of the value, provided that the purchaser is a merchant at the time the contract is concluded.
8. VAT ID no.
Our VAT ID no.: DE170574369
9. Company name, commercial register
Friedrich Herzog & Co.
Owner Christoph Latz e.K.
Local Court Obernburg/Main
HRA No. 1860