§1 Applicability of the GTCs
The following business conditions and delivery conditions apply to all delivery transactions of Neo Tokyo. Differing provisions, especially provisions of the buyer concerning purchases, only become part of the agreement if they are agreed to in writing.
§2 Formation of the agreement
All offers by Neo Tokyo are subject to change without notice. Purchase orders are only binding if they have been confirmed by us or they have been fulfilled by delivery of goods. The agreement becomes void if Neo Tokyo is unable to process an order due to causes outside our influence.
§3 Purchase price and additional costs
Calculations are always based upon prices which are valid on the day of delivery. The price which was applicable on the day of billing according to the pricing list of Neo Tokyo is used for calculation. Fixed prices are invalid without explicit written agreement. Prices are inclusive statutory value added tax (V.A.T.) and may be subject to variation due to exchange rates. Postage and packing charges are paid by the buyer.
§4 Transfer of risk
In all cases, the risk of loss, deterioration and delivery passes to the buyer as soon as the delivery item leaves the business and storage premises of Neo Tokyo.
§5 Term of delivery
Delivery dates agreed upon are nonbinding, unless something different is expressly established in the order confirmation. If a binding delivery term has been agreed upon, the period allowed for delivery is extended appropriately in case of force majeure, impossibility or delay of the order without culpability of the seller. If a binding delivery date is exceeded by more than two weeks, the buyer is entitled to cancel the agreement upon the expiry of an appropriate extension of at least 30 days. The extension has to be filed in written form. The cancellation of the agreement has to be declared in a letter mailed via recorded delivery. The right to cancel an order has to be exercised by the buyer within two weeks after the expiry of the extension. A claim for damages by the buyer due to delayed delivery is excluded in all cases.
§6 Right of revocation and right to return
Within a period of two weeks after receipt of goods a buyer may revoke his order without statement of reasons. The revocation has to be carried out in written form on a permanent data medium or via returning the goods. The right of revocation and the right to return do not apply to newspapers and magazines. In the case of sealed goods, the right of revocation and the right to return are voided if the seal has been opened or damaged by the buyer. In case of revocation, payments already made by the customer are credited by Neo Tokyo. For the adherence for the period of two weeks it is sufficient to send the revocation to Neo Tokyo, Haimhauserstr. 3, 80802 München, Germany. Neo Tokyo is only liable for the postage costs of a return if these exceed a sum of 40 € based on the cheapest pricing range for shipping of Deutsche Post AG.
§7 Rejection of goods
If the buyer refuses the goods, Neo Tokyo may set an appropriate term for the acceptance of the goods. If the buyer has not accepted the goods within this term, the seller is entitled to cancel the agreement or demand damages due to non-performance. The return of goods may only take place with express agreement of Neo Tokyo.
§8 Payment of purchase price
Unless otherwise expressly agreed upon, payments are due immediately after receipt of invoice, or are collected by Neo Tokyo directly from the credit card of the buyer. Information concerning this credit card has to be disclosed to Neo Tokyo in writing. Cash discounts and other discounts in any form are only allowed in case of express written agreement. Neo Tokyo is not obligated to accept checks or bills of exchange in payment; if they are accepted, the acceptance only takes place as a conditional payment. The buyer is liable to pay any and all costs pertaining to and incurring because of discounts, withdrawals, collection and redemption as well as bill of exchange taxes. These costs have to be refunded to Neo Tokyo in addition to the invoice amount. Neo Tokyo accepts no liability for the timely presentation, protesting, notification and return of the bill of exchange in the event of non-remittance.
§9 Delay of payment by the buyer
If the payment term is exceeded, the buyer is liable to pay late payment interest of at least 3% above the base interest rate of German Central Bank. The right to assert further damages caused by delay shall be expressly reserved. In case of suspension of payment, application for the filing of bankruptcy or the initiation of settlement proceedings by the buyer, Neo Tokyo is entitled to demand advance payments or collateral.
§10 Warranty
Warranty claims because of defective goods only exist if the buyer notifies Neo Tokyo of these defects in written form within three days after receipt of the goods at the latest, and in any case before resale. If Neo Tokyo is responsible for the defects, Neo Tokyo may choose to repair the defects, deliver a replacement or credit the buyer with an appropriate amount. Returns of defective or incorrectly delivered goods are only accepted after prior arrangement. Collect package will not be accepted in any case.
§11 Reservation of proprietary rights
All deliveries shall be effected under reservation of proprietary rights. Delivered goods stay the property of Neo Tokyo until the purchase price has been paid in full and all other claims of Neo Tokyo towards the buyer relating to the current business relationship have been paid off in full (in case payment via checks or bills of exchange until their encashment). Until full payment all of our claims (including any promissory notes for refinancing or promissory notes by seller until the promissory notes have been honored), all goods supplied by us remain the property of Neo Tokyo. The sale of the reserved property shall only be allowable through proper business transactions.
§12 Place of performance and jurisdiction
The place of performance for all obligations arising from delivery transactions and jurisdiction for all disputes in connection with delivery transactions is Munich
§13 Invalidity of single paragraphs
In case of any of the above written business- and shipping conditions being or becoming invalid, the validity of the remaining rules will not be altered or negated. |
