General Terms and Conditions of Trade
1. alessandro International GmbH & Co. KG is manufacturer and distributor of cosmetic products, devices, and store furnishings and equipment and supplies only the authorized specialized trade.
2. Only the current price list applies. All new price lists supersede all previous price lists.
3. Indicated prices are valid within
4. A 3% discount applies when paying in advance, or by direct debiting or automatic debit transfer. A 2% discount applies to COD payments. Discounts are applied automatically when preparing the invoice.
5. The risk is transferred to the customer when the goods are transferred to the customer, the shipping agent, freight carrier, or person otherwise designated to ship the goods. This applies also when agreeing to shipping clauses (INCOTERMS). If shipping is delayed due to circumstances that are the responsibility of the customer, or if the customer does not accept shipments in a timely manner, the risk is transferred to the customer already at the time the goods are ready for shipping. Costs incurred due to the delay (especially warehousing costs) are the responsibility of the customer. After setting a grace period of 14 days, we are entitled to sell the goods without further ado and at the cost and risk of the customer, and are entitled to demand immediate payment in full; we are also entitled to cancel the order or contract after the grace period has expired and demand compensation instead of the performance fulfillment. Delivery schedules are non-binding unless otherwise agreed in writing.
6. alessandro International products for resale must be sold in the original packaging; they may not be relabeled, refilled, or repackaged.
7. Notices of defect or claims of any type cannot be considered unless alessandro International is notified of a defect in writing immediately upon receiving the goods but no later than one week. Transport damages must be immediately reported in writing to the responsible transport company as well as alessandro International.
8. In case of justified and timely notices of defect, we will accept return of the goods as long as the goods are undamaged and unused and exchange them for defect-free goods. In case subsequent delivery of a defect-free product has failed or if the replacement shipment is not dispensed within a suitable grace period in spite of written requests, the customer is entitled to the legal rights with the limitations of these delivery and payment terms and conditions.
9. alessandro International is liable in cases of intent or gross negligence by us or one of our representatives or vicarious agents in accordance with statutory rules and regulations. For the remainder, alessandro International is only liable according to the product liability law, due to bodily harm (life, limb, health), due to culpable violation of essential contract duties or if a defect has been maliciously hidden or a guarantee was assumed for the property of the delivery item. The claim for damages for violating essential contract duties, however, is limited to the foreseeable damage typical for this type of contract. Liability for damages by the delivery item to legally protected interests of the buyer, e.g. damages to other properties, however, is completely excluded. The provisions of clauses 3 and 4 of this paragraph does not apply in case of intent or gross negligence, in case of bodily harm (life, limb, health), or if a defect has been maliciously hidden or a guarantee was assumed for the property of the delivery item. The provision of the previous paragraph covers claims for damages in addition to the performance and reimbursement for damages instead of the performance regardless of the legal grounds, especially due to defects, violation of contractual obligations or due to a claim in tort. It also applies to the right for reimbursement of wasted expenses. It also applies to liability due to delivery delay with the provision that in cases of unintentional delay of the performance or fulfillment or when gross negligence is not the cause of the delay, our liability for the claim for damages is limited to 5% of the value of the shipment in addition to the performance or fulfillment.
10. Insofar as a suitable grace period for the performance, fulfillment, or subsequent fulfillment or the claim for reimbursement is prescribed by law for exercising the termination right (“Gestaltungsrecht” - a right which has to be exercised by notice within a particular period of time), this period always is 14 days.
11. The period of limitations for claims and rights due to defects – regardless of the legal grounds - is one year.
The period of limitations also applies to other claims for damages against us, regardless of the legal grounds. It also applies if the claims are not linked with a defect. The period of limitations listed above does not apply in case of intent or if a defect has been maliciously hidden or when a guarantee for the property of the delivery item has been assumed. In case of maliciously hiding or not disclosing a defect, the applicable grace periods of § 438 section 1 No. 2 BGB or No. 3 with exclusion of extending the grace period applies instead of the grace period listed above, in case of malicious intent the grace periods of § 438 section 3 BGB. The period of limitations also does not apply to claims of damages due to bodily harm (life, limb, health, freedom) or in case of claims according to the product liability law, or in case of gross negligence of the specified duties or in case of culpable violation of essential contract duties. The period of limitation starts upon delivery for all claims for damages. The provisions listed above also cover the reimbursement of wasted expenses.
12. The period of limitations of a claim directed against us is not inhibited by negotiations by our representatives with the claimant. Negotiations about claims against us are in any case considered failed effective immediately unless we or our representatives prepare a written declaration to the contrary.
13. The delivered goods remain the property of alessandro International until the final settlement of the customer account. This also applies to goods already sold. In case of payment delays, interest in the legal amount can be levied. Asserting an additional claim is expressly excluded.
14. Offsetting by the customer with counterclaims is excluded unless the counterclaim of the customer is recognized or determined legally justifiable.
15. The customer does not have the right of retention unless the counterclaim of the customer is recognized or determined legally justifiable. 16. The place of fulfillment for all deliveries is the alessandro International plant or facility of origin or the shipping warehouse. The place of fulfillment for all customers is 40764
17. Langenfeld is also the legal venue for both parts for documents, files, exchange, and check processes unless specified otherwise by law. alessandro International is also entitled to sue the principal at his or her location. The statutory rules and regulations apply if the principal is not a general merchant.
18. We are not liable for any typing or printing errors.
19. Only German law applies. The validity of the remaining contract remains intact if one clause or statement of the contract should be or become invalid. Invalid clauses must be replaced by those that match the original clause concerning the economic result or purpose.
Rev. Level: July 2006