General terms of conditions

General Terms and Conditions of VERTICAS Service GmbH, Schöne Aussicht 59, 65193 Wiesbaden.

As of: 1 Dec 2020

1. Scope of application

These General Terms and Conditions apply exclusively to all contracts concluded between VERTICAS Service GmbH (hereinafter referred to as "VERTICAS") and the clientele of the BOMAG online shop (hereinafter referred to as customer). Bomag GmbH's clientele includes all customers who have been granted access to the customer's Promotion Shop by means of technical access (SSO).

2. Conclusion of contract

2.1 Orders placed by users via the online shop system are binding and made in their own name and for their own account. Telephone orders are not possible.

For any questions concerning orders, VERTICAS is available to customers on the service phone no. +49 (0) 611 986 2547 or by email to online@verticas.de on the following working days: Mon - Fri from 8.45 a.m. to 5:30 p.m. (guaranteed hours).

2.2 When ordering via the online store, all mandatory information must be provided, which is automatically stored for further retrievals after the initial order.

2.3 A contract is only concluded with the acceptance of the order by an electronically transmitted acknowledgement (order confirmation by email) from VERTICAS. Delivery or issuance of an invoice is deemed to be equivalent to an acceptance.

2.4 VERTICAS undertakes to observe the applicable data protection laws.

3. Prices, terms of payment

3.1 The net prices published in the online shop plus the applicable statutory value added tax and the current flat rate charge for shipping and packaging (within Germany) per package shall apply. Unless expressly stated otherwise, the prices apply to the illustrated articles as described, but not to contents, accessories or decoration.

The shipping of the promotional items is carried out by VERTICAS directly to the delivery address provided by the purchaser. Orders are shipped as DHL standard parcels. Combined shipments for a variety of orders from different purchasers are not possible.

Orders for shop items received by VERTICAS before 11:30 a.m. will be shipped on the same business day. Orders received by VERTICAS after 11:30 a.m. will be shipped the next business day. Orders are dispatched by DHL as parcels in the standard service. The normal delivery time of the parcels is 1 to 3 working days. VERTICAS will inform the customer by email of the expected delivery date. The flat rate shipping fee within Germany per DHL standard package including packaging materials is 7.47 EUR net. The package weight may not exceed 20 kg.

3.2 The payment conditions are in accordance with the selected payment method.

4. Delivery of goods

4.1 The goods shall be delivered in accordance with the conditions set out in § 3. The purchaser shall accept the goods as soon as VERTICAS has notified him/her that they are ready for delivery (delivery notice). If the purchaser refuses to accept the goods or if the goods cannot be accepted or delivered for any other reason, VERTICAS shall be entitled to charge the purchaser for the costs incurred in taking back the goods and redelivering them to the purchaser again.

4.2 The average delivery period is three (3) working days. In the case of enquiries for promotional articles for events and special offers, as well as in the case of disproportionately large consignments, delivery shall be made on the date agreed in the order. If no delivery dates are agreed, the above period of three (3) working days shall apply.

4.3 Unless a delivery date has been expressly agreed as binding, information on delivery periods shall not be binding. In the event of force majeure (e.g. war, embargo, widespread disruption of transport routes, other exogenous influences) and other circumstances for which VERTICAS is not responsible, promised delivery dates shall be postponed accordingly. VERTICAS shall be entitled to deliver or perform before the expiry of a stated or agreed time.

4.4 Deliveries shall generally be made by DHL. The item to be delivered shall be sent at VERTICAS' risk, provided that the shipment is handled on VERTICAS' behalf. Section 447 of the German Civil Code (BGB) shall not apply. The risk of accidental loss shall pass to the customer when the item is handed over to him/her at the place of delivery.

4.5 The goods shall be shipped on the account of the customer under the conditions of § 3 within the territory of the Federal Republic of Germany. Delivery surcharges may apply for shipments to EU countries. These surcharges vary from country to country. In the case of shipment to non-EU countries, the recipient is responsible for import customs clearance. VERTICAS provides proper export documentation. The costs incurred for an export declaration for goods with a value of 1,000.00 EUR or a weight of 1,000 kg or greater will be displayed to the customer when the order is completed and confirmed by clicking on the "continue" button. If an export declaration is required for non-EU consignments, the customer will be charged a fee of 80.00 EUR retroactively. If the value of the goods exceeds 3,000 EUR, advance clearance of the export declaration in the so-called two-stage export procedure by the locally responsible inland customs office (customs office of export) is mandatory. The fee of 125.00 EUR incurred for this will also be invoiced separately to the customer.

4.6 Delivery shall be made in the agreed packaging units.

4.7 DHL shall make a single delivery attempt.

5. Warranty and obligation to inspect and give notice of defects

5.1 VERTICAS warrants that the supplied item shall be of the agreed quality, taking into account the tolerances customary in the industry and the agreed quality according to the respective state of the art in production and technology.

5.2 The customer undertakes to inspect each call-off or delivery for visible defects within six (6) working days of delivery and to notify VERTICAS of any defects within this period. Delivery receipts or payments made, if any, shall not be deemed to constitute approval of the delivery. If the customer does not object to any recognisable defects, under-deliveries or incorrect deliveries within the aforementioned period, the delivery shall be deemed to have been approved.

5.3 The customer shall notify VERTICAS of any hidden defects without delay, at the latest within seven (7) working days of their discovery.

5.4 In the event of a defect, the customer shall be entitled to demand, at its discretion, either rectification of the defect or delivery of a defect-free item. The customer shall set VERTICAS a reasonable period of time for this purpose. If the rectification of the defect fails or if VERTICAS refuses to rectify the defect, the customer may either reduce the remuneration or withdraw from the respective individual order. If the defect in the item is due to a circumstance for which VERTICAS is responsible, the customer may also claim compensation.

5.5 Complaints shall only be handled in writing by email or fax.

6. Right of return (authorised return shipment)

6.1 There is no general right to return ordered goods. This offer is directed exclusively at companies and not at private individuals within the meaning of the Distance Selling Act. In the case of defects, incorrect deliveries or damage, an authorised return shipment is of course possible.

6.2 Requests for returns must always be submitted by email. Packages without return authorisation shall not be accepted and shall be returned to the sender freight collect. The following products will not be taken back - except in the case of justified warranty claims: items with personalised advertising imprints, opened goods, and items that are not included in the standard offer and are supplied on special request. Authorised return shipments can only be made in special cases. This must be agreed with VERTICAS in advance. The costs for the return of a standard consignment (including partial returns of a consignment) shall be charged at a flat rate of 30.00 EUR net per item. Shipping costs incurred by the customer for the return transport shall not be reimbursed. If customers request a pick-up of the goods via VERTICAS, a net charge of 9.50 EUR per parcel within Germany shall be made.

6.3 Return shipments are to be sent to:

VERTICAS Service GmbH

c/o Bomag GmbH Shop

Schöne Aussicht 59

65193 Wiesbaden

7. Warranty

Our products are warranted for twelve (12) months against defects in materials and workmanship, which we will remedy either by repair, credit or replacement. Damage or malfunctions resulting from incorrect operation, the use of force or natural wear and tear are not covered by the warranty.

8. Liability

8.1 VERTICAS shall be liable without limitation for damage caused intentionally or by gross negligence. VERTICAS shall also be liable in accordance with the statutory provisions in the event of culpable breach of material contractual obligations. Statutory liability for culpable injury to life, limb or health shall remain unaffected.

8.2 Insofar as liability is excluded or limited, this shall also apply to the personal liability of VERTICAS' employees, other staff, representatives and vicarious agents.

8.3 The limitation period for claims for damages shall be governed by the provisions of the German Civil Code (BGB).

9. Modifications to the goods

VERTICAS is entitled to modify and improve the goods in accordance with technical progress without prior notice to the customer, provided that the function or form of the goods is not permanently impaired or changed. VERTICAS shall be entitled to supply the customer with the successor model of the model ordered if the model ordered is no longer available and it does not permanently differ in function or form from the successor model.

10. Severability clause, court of jurisdiction, miscellaneous

10.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the contract or the General Terms and Conditions in other respects.

10.2 Purchase contracts from the Bomag Promotion Shop shall be governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for both parties is Wiesbaden.

10.3 Supplementary agreements, amendments or additions to the contract, including the revocation of this written form requirement, must be made in writing.