GENERAL TERMS FOR DELIVERY AND PAYMENT

1. Contract Contents

   1. DT&GoldArt is a division of LABOSHOP ITALY S.r.l..

   2. Orders may be placed in writing, by telephone, by fax, via e-mail or via internet. If the order is not explicitly confirmed by DT&GoldArt, acceptance of the order is acknowledged by dispatch of the goods by DT&GoldArt.

   3. The goods register and price list of the DT&GoldArt catalogue are subject to alterations. The DT&GoldArt terms and prices valid at the time of the order being placed are decisive. Mistakes and printer’s errors are non-binding.

   4. Due to legal restrictions, not all the offered products can be made available in all countries. In particular the shipping of hazardous materials is heavily regulated and involves additional fees. DT&SHOP will keep customers well informed of this. Some countries have special hallmarking regulations. The customers are responsible to abide by their respective national laws and regulations.

   5. The catalogue prices are net prices (plus valid VAT). For direct orders from the manufacturer, which are processed through DT&GoldArt, different prices and surcharges might be applicable.

   6. If the price for gold rises more than 3 % we reserve the right to make price adjustments.

2. Delivery

   1. Delivery of goods is effected from the DT&GoldArt warehouse. Partial deliveries can be effected and charged. Additional transportation costs for partial deliveries will be added.

   2. For orders over € 170.00 (net value of goods) up to a dispatch weight of 31,5 kg the delivery is free of charge. For order values up to € 170.00, shipping costs will be charged. Deliveries of equipment are charged at a flat rate of € 13.00, furniture delivieries at original costs.

   3. Should the punctual delivery of goods be hindered due to reasons for which the customer is responsible, DT&GoldArt has the right either to demand payment, to withdraw from the contract or to demand compensation.

   4. Goods are insured for dispatch. Possible transport damages have to be reported to DT&GoldArt within 24 hours after delivery.

3. Extension of Delivery Period

   1. In case of an Act of God, industrial conflicts, military conflicts and any other disruptions of operations arising through no fault of DT&GoldArt and which last or are expected to last longer than one week, the dispatch deadline will be appropriately extended for the duration of the hindrance.

   2. In the event of an occurrence of point 1 the counter-party has the right of withdrawal as long as notification ofsuch is given at least two weeks in advance.

   3. Compensation claims will not be accepted in the above-mentioned cases.

4. Payment

   1. The invoice will be drawn up on the day of delivery or availability of the goods.
      

   2. 30 days net from date of invoice.
      

5. Delay in Payment

   1. In the case of defaulted payments, DT&GoldArt is entitled to charge an interest rate of 6 %. Reminder fees will be charged. Unless payment of all the amounts due (invoice plus interest payment) is made, DT&GoldArt is not obliged to make further deliveries. Alternatively DT&GoldArt can demand cash in advance.

   2. If one invoice is in overdue, all other invoices become immediately due.

6. Setting off of Payment

   1. The setting off of payment is only permissible in the case of undisputed claims, which have been established as being legally valid.

   2. Credit amounts will be taken into account with the next invoice.

7. Notice of Defects

   1. Complaints must be made in writing by completing the Certificate of Return (attached to the goods delivered). Notification of such must be made to DT&SHOP within a maximum of 1 month following receipt of the goods. No complaints will be accepted once processing of the delivered goods has been commenced.

   2. Customary trade deviations or slight, technically unavoidable deviations do not qualify as defects.

   3. In the case of justifiable complaints, DT&SHOP retains the right to correct such or to deliver functional replacement goods within 6 weeks of receipt of the returned goods.

   4. The period of limitation for any warranty claims shall be 12 months unless longer periods are prescribed by law.

   5. We assume no responsibility for damages due to frost.

8. Exchange of Goods

   1. The Certificate of Return (attached to the goods delivered) must always be completed for goods being returned in order to be exchanged. The reason for return must be given on the certificate. No credits will be given by DT&SHOP for goods which have not reached DT&SHOP.

   2. Intact and unopened material will only be exchanged by DT&SHOP within 14 days after receipt of goods on request of the customer.

   3. Appliances are only exchanged after explicit and written agreement. For not agreed return of appli- ances the handling charge amounts to 10 % of the sales price, but is at least 15,00 €. Appliances which have been in use or of which the packaging is damaged are generally excluded from exchange.

   4. In all case the costs of returning the goods will be carried by the customer, whereby DT&SHOP retains the right to raise an extra charge for processing costs.

   5. Special orders and custom products are excluded from exchange.

9. Disposal of Waste Electrical and Electronic Equipment

   1. Devices (machinery and equipment) which carry a crossed dustbin symbol should not be recycled in the domestic waste.

   2. Such devices purchased from DT&GoldArt can be sent back for disposal. Please contact DT&GoldArt for further details tel 00800 222 99 222. The return postal charges are to be borne by the customer. The further disposal is done at DT&GoldArt’s expense.

10. Customer Service

    1. DT&SHOP repairs all units from their own delivery programme.

    2. Faulty appliances have to be sent back to DT&SHOP for repair. All costs will have to be charged to the customer except in an event of warranty.

11. Retention of Ownership

    1. The delivered goods (goods of retention) remain the property of DT&GoldArt until all receivables arising out of the business relationship with the customer have been completely paid off.

    2. The customer is authorized to resell or dispose of his goods as long as the customer is not in arrears with his obligations due to DT&GoldArt. Once the goods of retention have been processed, DT&GoldArt is entitled to a joint ownership of the new products based on a proportion of the value of the original goods compared to the value of the processed items, and at least to the amount of the receivables. The customer must relinquish all additional rights and possible securities to DT&GoldArt. DT&GoldArt is authorized to collect, until further notice, all obligations arising from the resale or disposal. Upon request from DT&GoldArt the customer is obliged to inform the purchasers of the effected transaction in favour of DT&GoldArt and to provide DT&GoldArt with all necessary information and documents required to facilitate the collection of the receivables.

    3. To pledge goods of retention or to transfer ownership of securities for such goods to a third party is excluded. In the case of legal seizure of goods the customer must explicitly draw attention to the retention of ownership and immediately inform DT&GoldArt.

12. Place of Fulfilment and Legal Domicile

    The place of fulfilment for all obligations under the Contract of Delivery and he legal domicile is the DT&GoldArt headquarters.

13. Software and Hardware

    For software and hardware the corresponding software and hardware contracts apply.

14. Effectiveness of the Clause

    Should individual clauses be or become ineffective or should the stipulation therein be incomplete, the legal effectiveness of the other clauses remain unaffected by this fact. An effective clause is agreed on as being valid in place of an ineffective clause, when the former achieves an economical result as close as possible to that desired under the original clause; the same applies in the case of an incomplete clause.

    
    

February 2020