These General Terms and Conditions (GTC) apply in the version current at the time the contract is concluded for all business relationships between IPS International Print Service Ltd and its customers acting as entrepreneurs.
1. Company Identity and Address
IPS International Print Service Ltd
Makariou and Orfeos 2A
1070 Nicosia, Cyprus
Telephone: +35722258720
Fax: +35722258733
Email: info@internationalprintservice.com
Jurisdiction Nicosia, Cyprus
The company is hereinafter also referred to as „IPS“.
2. Scope
2.1 The following General Terms and Conditions (GTC) apply to
the delivery of goods by IPS to entrepreneurs (hereinafter also referred to as customers).
2.2 These GTC apply exclusively; any general terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless IPS has expressly agreed to them in writing in the individual case.
3. Definitions
3.1 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
3.2 Customer within the meaning of these General Terms and Conditions is any entrepreneur who has spoken orally,
ordered the goods offered by IPS in writing or in text form.
4. Conclusion of the contract
4.1 Each order for the goods desired by the customer is – independent
from the communication channel – a legally binding offer to IPS. The contract is concluded when IPS accepts this offer verbally (also by telephone) or by individual written order confirmation (also by fax or e-mail). Any order confirmation that may have been previously sent verbally (i.e. also by telephone), in writing (i.e. also by fax) or by email is for information purposes only. Acceptance is subject to the availability of the ordered goods. In this case, IPS undertakes to inform the customer immediately of the non-availability and to reimburse any consideration received without delay.
4.2 The products and prices are subject to change and non-binding until IPS accepts the customer’s purchase offer. The prices quoted by IPS are net prices and do not include the respective statutory sales tax. Unless it is an intra-community delivery, in which case the goods will be exempt from tax by IPS.
4.3. After receiving the order, we confirm the order placement by sending a corresponding order confirmation. If the customer does not object to this order confirmation immediately in text form, the contract shall be deemed to have been concluded from the start on the terms of the order confirmation.
5. Maturity, Payment and Default
5.1 The purchase price and the agreed shipping costs are due for payment immediately without deduction. The purchase price is paid by bank transfer. The payment methods offered by IPS in individual cases depend, among other things, on the value of the goods, the type of product, the amount of the total order or the duration of the business relationship and can only be determined by IPS without giving reasons.
5.2 If the customer is in default, IPS is entitled to charge the statutory default interest in the amount of 8 percentage points above the respective base interest rate. This does not affect the right of IPS to claim higher interest or further damages (in particular dunning costs, collection fees or other necessary legal costs) for another legal reason.
5.3 The customer is only entitled to offset if his counterclaims have been legally established. The customer is not entitled to withhold payments.
6. Order and delivery details and take-back obligation
6.1 Delivery dates and delivery periods are confirmed in writing by IPS. The goods will only be delivered after a telephone check and approval of the order. IPS reserves the right to withdraw from the concluded contract if the order has not been approved by telephone.
6.2 The goods are shipped either after receipt of payment of the purchase price and shipping costs or after conclusion of the contract within seven to ten working days. IPS is entitled to partial delivery and partial billing if there is a good reason for this and this is reasonable for the customer, taking into account the interests of IPS. In the case of a partial delivery, the customer will only be charged the shipping costs for the first partial delivery.
6.3 The goods are delivered within Europe to the respective
specified shipping costs. In addition, shipping costs are individual
to ask at IPS.
6.4 Unless expressly agreed otherwise, deliveries to the customer’s address resulting from the order will be made at the customer’s expense. The danger
6.4 Unless expressly agreed otherwise, deliveries to the customer’s address resulting from the order will be made at the customer’s expense. The risk of accidental deterioration and accidental loss of the goods is transferred to the customer from the time the goods are handed over to the transport person. If the delivery is delayed for reasons for which the customer is responsible, the risk passes to the customer at the first unsuccessful attempt at delivery when the goods are handed over to the transport person.
6.5 The timely delivery of orders can only be guaranteed within the scope of available stocks. In the event of delivery delays for which IPS is responsible, the period of grace to be set by the customer is at least two weeks; the grace period begins upon receipt of the grace period by IPS. The delivery period is met if the goods have left the warehouse by the end of the period or the customer has been informed that the goods are ready for dispatch.
6.7 In the event of non-delivery by a sub-supplier for which IPS is not responsible, IPS is entitled to withdraw from the contract. In this case, the customer will be informed immediately about the unavailability of the goods and his consideration will be refunded immediately.
6.8 IPS is entitled to use third parties to fulfill its contractual obligations towards the customer in whole or in part; these third parties act as vicarious agents for IPS. For their part, the third parties are obliged by IPS to assume those contractual obligations that IPS assumes towards the customer.
6.9 Shipping costs will be communicated to the customer at the latest when the contract is concluded, unless IPS bears the shipping costs.
6.10 Delivery is made by DPD or another reliable provider.
6.11 From a quantity of 5 pieces (as one package), the goods will be picked up by a transport company chosen by us. Please always contact customer service in advance. We guarantee that the materials sent to us will be returned to the recycling system.
7. Retention of Title
7.1 The goods remain the property of IPS until full payment has been made.
7.2 Prior to the transfer of ownership, the customer will only dispose of these goods with the prior written consent of IPS. In the event of access by third parties, in particular in the event of seizure of the object of purchase, the customer must notify IPS immediately in writing and inform the third party of IPS’s retention of title without delay.
8. Warranty, guarantee, obligation to examine
8.1 The customer’s claims due to defects in the goods are based on the statutory provisions within the statutory periods, unless otherwise stated below.
8.2 If there is a defect in the purchased item, IPS is obligated, at its discretion, to remedy the defect or – if this is reasonable for the customer – to deliver a new item free of defects up to a maximum of two times. In the event of the rectification of the defect and also subsequent delivery, IPS is obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs.
8.3 Before returning the goods, the customer must inform the customer service of IPS.
8.4 If the supplementary performance according to Section 9.2 fails, the customer is entitled to choose between demanding a reduction in price or withdrawing from the contract. The customer’s claim for damages instead of performance remains unaffected.
8.5 The warranty claims are not assignable.
8.6 Excluded from any warranty are defects resulting from incorrect installation or assembly of the products delivered by IPS, i.e. in particular installation or assembly that does not comply with the assembly instructions, as a result of incorrect operation, storage, use, commissioning of the products or their accessories, as well as defects due to wear and tear due to excessive stress.
8.7 The customer must observe the instructions as well as assembly and care instructions for the respective product.
8.8 IPS grants its customers a two-year guarantee period. The warranty period begins when the goods are handed over to the transport person.
9. Liability
9.1 IPS pays damages, for whatever legal reason, only to the following extent:
a) in the case of intent and gross negligence in full,
b) in the case of slight negligence only in the event of a breach of a contractual obligation (cardinal obligation).
9.2 The legal liability for bodily injury and personal injury, when accepting a guarantee (e.g. assurance of properties) or a procurement risk as well as under the Product Liability Act remains unaffected.
10. Privacy
10.1 IPS stores name and address data as well as the order and processing data of the customer only for the purpose of processing the contractual relationship.
10.2 The data will not be passed on to third parties for the purpose of advertising, market research and similar purposes.
11. Other Agreements
11.1 All agreements made between IPS and the customer for the execution of the respective contract are set out in writing between the parties. This also applies to a change in this written form requirement.
11.2 Unless otherwise agreed, the transfer of rights and obligations from this contract by the customer to a third party requires the prior written consent of IPS. IPS will only withhold this consent for important reasons.
11.3 Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
11.4 The contractual relationship is exclusively governed by the laws of Cyprus.
The application of the UN sales law is excluded.
11.5 The place of performance is the registered office of IPS in Nicosia.
11.6 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the place of business of IPS. However, IPS is entitled to sue the customers named in sentence 1 at their place of residence.
Makariou & Orfeos 2A, 1070 Nicosia
Email: info@internationalprintservice.com
Phone 0800-2221212
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