General terms and conditions
1. general provisions
The General Terms and Conditions (Terms and Conditions of Sale) as amended from time to time shall form an integral part of all sales, deliveries, services and agreements concluded with us - including future sales, deliveries, services and agreements. Deviating conditions of the customer are not recognized. By placing an order, the customer agrees to these terms and conditions and acknowledges their application. Verbal agreements or collateral agreements are only valid if they are confirmed and acknowledged by us in writing.
2.1 All our offers are subject to change and are still non-binding. Any order placed with us shall be deemed to be an acceptance of our offer on the terms and conditions stated therein and shall only become binding upon our written order confirmation or upon commencement of performance by us.
2.2 Contract cancellations of orders, deliveries or services placed with us require our written consent. In this case, our contractual partner shall pay us, in addition to the countervalue of all services already rendered, all our expenses and the calculated lost profit, the latter amounting to at least fifteen percent of the order value.
2.3 In the case of off-premises contracts, a possible right of revocation can only be exercised if goods have not been manufactured according to customer specifications (e.g. own motifs).
The revocation period is fourteen calendar days from the date of conclusion of the contract. The revocation must be made in writing (letter, fax or e-mail) to be valid. The costs of the proper return are to be borne by the consumer. The goods must be returned to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract.
3.1 Our prices are calculated on the basis of the date of the offer. Cost increases compared to this basis (e.g. material price increases, wage increases, specification changes, etc.) shall entitle us to raise them accordingly.
3.2 Drafts, drawings and models, etc. made by us shall remain our property and copyright. Our contractual partner shall be liable for the legality of the use of working aids and plans provided to us as well as their correctness. We are not obligated to verify these or to check whether they violate existing industrial or other property rights of third parties. The contractual partner is obliged to indemnify and hold us harmless.
4.1 The delivery dates stated by us shall be observed by us to the best of our ability. They correspond to the material procurement possibilities at the time of the order.
4.2 Partial deliveries are permissible and shall be paid for by the contractual partner on a pro rata basis.
4.3 The choice of the mode of shipment and the shipper is made by green-Business.
4.4 Delayed deliveries due to force majeure, operational disruptions or material procurement problems do not result in a claim for damages or cancellation of the contract.
4.5 The goods are to be checked for completeness and perfect condition immediately upon arrival. In the event of external damage to the packaging, the package is to be opened in the presence of the bearer and checked for integrity. If the goods have been damaged in transit, acceptance must be refused and returned to the bearer. If this possibility should not exist, because e.g. the package was delivered with a neighbor, a damage is to be indicated within a complaint period of 24 hours in writing with us. In case of later complaints neither we nor the supplier are liable.
5.1 All payments by our contractual partners shall be due immediately without any deductions. An agreed term of payment shall be deemed to have been complied with if we can dispose of the money on its last day. In the event of default in payment, all our other claims not yet due at that time shall also become due immediately. In this case we shall also be entitled to suspend our deliveries or services until payment has been made, to demand advance payment or security and/or to withdraw from the contract in whole or in part after a short period of grace.
5.2 Default in payment shall be deemed equivalent to the initiation of insolvency proceedings against the assets of our contractual partner, if an out-of-court settlement is sought or if other circumstances become known which give rise to doubts about the contractual partner's ability or willingness to pay, such as accumulations of litigation or pending foreclosures.
5.3 In the event of default in payment on the part of our contractual partner, interest on arrears shall apply in the amount of at least 14% per year. All
dunning, collection, survey, information and collection costs shall be reimbursed to us. Interest shall not be paid on advance payments made by our contractual partner.
5.4 The contractual partner of our deliveries and services shall have no right of retention in respect of payments due. He shall also not be entitled to offset payments against our claims. In particular, he shall not be entitled to refuse or delay payment on account of notices of defects.
6.1 Complaints by our contractual partners must always be made in writing and must be made immediately, especially in the case of transport damage, and must be specified and include any samples. Otherwise our goods or services shall be deemed to be faultless and accepted. Unauthorized modifications shall result in the loss of the warranty or guarantee claim against us.
6.2 In the event of a justified complaint, we shall be obliged, to the exclusion of all further claims of the contractual partner, to provide either replacement or improvement at our discretion. If replacement or improvement is impossible or economically unreasonable, we shall be entitled to credit the goods complained of or to grant a reasonable price reduction instead of improvement. In any case of replacement or improvement, the defective product shall be returned to us step by step, freight prepaid. In the case of replacement or improvement, the contractual partner is obliged to make this possible without claims for damages and to provide the necessary assistance free of charge.
In the event of replacement or improvement, the warranty period shall not start anew. 6.3.
6.3 All claims of the contractual partner against us due to justified defects are excluded as long as the contractual partner has not fulfilled his payment obligations punctually and completely.
6.4 Any warranty claim of the contractual partner shall furthermore require that the goods or equipment are used properly.
6.5 If a product or a work is manufactured or provided by us according to design specifications, drawings or models of the contractual partner, our liability shall only extend to the fact that the execution is carried out according to these specifications. Necessary technical improvements shall be deemed to have been approved.
7. scope of liability
We shall be liable in all cases only for our own fault to the exclusion of slight negligence. Any liability on our part for loss of profit, indirect and consequential damage, in particular due to operational disruptions or production faults caused, for any dismantling and installation costs, for custody and processing damage to items which are in our possession for processing, as well as for claims raised against our contractual partner by its customers shall be excluded.
8. retention of title
8.1 All goods delivered by us and plants erected by us shall remain our property until full payment of the purchase price including all ancillary charges. In the case of erected plants, this shall extend in particular to all parts of the plant which are not firmly connected to the property. Not firmly connected is what can be removed without lasting damage to the substance. The cutting of lines, fastenings, etc. shall not constitute such damage.
8.2 Pledging, transfer by way of security or other encumbrance of our items subject to retention of title is not permitted. Access by third parties must be reported to us immediately.
8.3 In the event of default in payment or in the cases of item 5.3, we shall be entitled to retrieve the goods and equipment or parts of equipment owned by us, even without simultaneous withdrawal from the contract, and for this purpose to enter the place where they are located and to carry out dismantling work there. Our right to claim damages for non-performance shall remain unaffected.
9. product liability
9.1 Each product sold by us shall only provide that level of safety which can be expected on the basis of approval regulations, instructions for use and other regulations.
9.2 The contracting party waives our liability to pay compensation for material damage resulting from the Product Liability Act, which he suffers as an entrepreneur, as well as for product liability claims based on other statutory provisions. In the event of resale to another entrepreneur, the contractual partner undertakes to transfer the waiver to the latter and to oblige him to transfer it to his entrepreneurial customers.
9.3 We shall be informed immediately and in detail in writing of any claims by injured parties. Should the contractual partner be held liable under the PHG, he shall waive his right of recourse against us. He expressly declares the exclusion of the protective effect in favor of third parties.
10. data protection
We always treat the personal data of the contractual partner in accordance with the applicable statutory provisions. The personal data that the customer provides when placing an order (name, address, telephone, fax, e-mail) will be stored and used for the purpose of processing the contract, including any credit checks. Without the consent of the customer, we will collect, process or use the customer data without anonymization only to the extent necessary for the execution of the contract. Without the prior express consent of the customer, we will not use the data for purposes of advertising, market or opinion research.
11 Place of performance, place of jurisdiction, applicable law etc.
11.1 The place of performance is the registered office of our company. Portuguese law shall apply. The place of jurisdiction shall be the court locally and factually competent for the registered office of our company. However, we shall also be entitled to conduct legal disputes at the general place of jurisdiction of the contractual partner.
11.2 The invalidity of individual provisions shall not affect the validity of the remaining provisions.
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.