1. The entire business relationship with our customers shall be governed solely by these Standard Terms and Conditions of Business. Any of the customer’s terms and conditions deviating from these Standard Terms and Conditions of Business shall apply only if we accept them in writing.
For the purpose of these Standard Terms and Conditions of Business, “consumers” shall be defined as natural persons without any commercial or independent business operations with whom business relations are established.
For the purpose of these Standard Terms and Conditions of Business, “business entities” shall be defined as natural or artificial persons or non-incorporated entities engaged in commercial or independent business operations with whom business relations are established.
For the purpose of these Standard Terms and Conditions of Business, “customers” shall be defined as comprising both consumers and business entities.
2. The goods shall be supplied solely in the versions, packaging units and minimum quantities specified in our catalogs, brochures or the webshop as most recently amended.
3. We reserve to make any changes to the goods without notice if this is in the interests of technological advancement. We also reserve the right to reasonably modify the shape and color of the goods without prior notice.
4. Any oral or ancillary agreements or any waiver of/modification to these Standard Terms and Conditions of Business or these representations shall be valid only if expressly confirmed in writing by us.
Orders placed by the customer shall constitute a binding offer regardless of the medium used to place them, i.e. in writing, orally, by telephone or by data transmission.
1. Delivery shall be effected as quickly as possible.
2. Delivery shall be subject to the availability of the goods ordered. The availability of all products shall be subject to prior sale.
The following provisions shall apply to business entities:
Risk shall pass to the buyer as soon as the goods leave the place of dispatch notwithstanding the fact that the seller has agreed to bear the costs of transportation.
3. In the event of force majeure or any disruptions of any kinds outside its control (strike, shortage of raw materials, transportation disruptions etc.), the seller may delay, modify or revoke its delivery duties for the duration of such circumstances or disruption.
4. In the absence of any written agreement to the contrary, deliveries shall be effected “ex works”.
5. The seller reserves the right to effect part deliveries provided that this is reasonable for the customer.
6. The cost of deliveries to destinations outside United Kingdom shall always be for the customer’s account.
7. In the case of orders with a gross value of over £100, delivery to addresses inside United Kingdom shall be postage/carriage paid (with the exception of concert tickets) in the absence of any provisions to the contrary herein. If cash on delivery has been agreed, the payment fee shall be for the customer’s account. The additional expense of sending goods by express or registered mail shall be for the customer’s account.
1. The prices applicable to the customer in question shall be determined in accordance with the individual price agreement entered into with the customer.
2. If no such price agreement has been entered into or cannot be proved to have been entered into by the customer, the prices stated in the catalogs and brochures as most recently amended shall apply. The right to change prices without notice is reserved. In the case of contracts already entered into, the agreed prices may not be changed.
3. In the absence of any stipulation to the contrary, the prices for final consumers shall include value added tax at the current rate.
4. In the absence of any stipulation to the contrary in the catalog, the prices shall refer to the article as illustrated therein in accordance with the description.
1. The following payment methods are available: payment on receipt of the invoice (except mail order), cash in advance, cash on delivery, by credit card or by direct bank debt. We reserve the right to determine that payment is to be effected on receipt of the invoice (except mail order), by partial or full cash in advance, by cash on delivery, by credit card or by direct bank debt. Where applicable, the customer shall be notified accordingly in advance. In the case of new customers, the only payment methods accepted shall be cash in advance, cash on delivery or credit card.
2. Payment shall not be deemed to have been made until it is irrevocably and finally credited to our account.
3. Payment in the form of stamps, cash or cheque shall not be accepted.
4. In the absence of any stipulation to the contrary, invoices shall be payable net immediately as of the date of invoice. If the customer is in default of payment, we may charge a late fee of 5% above the base central bank rate or the statutory late fees applicable as of the date of the order. We may also recover additional compensation for any additional loss or damage which we are able to prove to have incurred. The customer may only exercise netting rights if his counter-rights have been upheld in a court of law, are not disputed or have been acknowledged by us.
5. If prior to or at the time of delivery we become aware of any circumstances with respect to the customer’s economic situation indicating that our future claims may not be sufficiently secured or may even be at risk, we may demand advance payment or the provision of collateral. In this case, we may additionally rescind the contract without granting any additional time or providing any advance notice and recover damages for non-performance.
1. For consumers:
The customer’s claims under the warranty shall initially be confined to the right to demand repairs or replacements, it being agreed that BITTER EDGE ENTERTAINMENT may reject the customer’s request for either repairs or replacements if these can be provided only at unreasonable cost. Business entities shall have no such discretionary right. Repairs shall be deemed to have failed after the second fruitless attempt in the absence of any other circumstances arising by virtue of the type of the goods or the fault or any other factors. If the claim for proper performance fails to produce the desired results or BITTER EDGE ENTERTAINMENT refuses to provide proper performance or fails to respond within a reasonable period set by the customer, the customer may reduce the amount owing or rescind the contract.
This shall not prejudice any other legal remedies which may be available.
The warranty shall not cover operating errors, damage caused by improper use, connection, installation or storage or third-party interference.
Consequences of Revocation:
The costs of returning the subject matter will be met by yourselves when the merchandise supplied corresponds with the merchandise ordered and when the price of the subject matter to be returned does not exceed £40 or if, when the price is higher, you have not yet rendered consideration or arranged for part payments by the date of revocation.
2. For business entities:
1. Faults shall be reported immediately upon receipt of the goods. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint without delay.
2. In the case of a justified complaint, we shall at our discretion repair the goods, provide replacements or issue a credit note. If the repairs or replacements fail to provide the desired results, the customer may at its discretion return the goods or request a refund.
3. No other remedies including but not limited to damages shall be available to the customer except in the case of gross negligence or willful misconduct on our part or on the part of our servants.
4. In the event of any negligent breach of a material obligation, our liability shall be limited to foreseeable loss.
5. Complaints on account of technically induced, customary or minor deviations in the dimensions, weights, materials and colors of the goods shall not be accepted.
6. The acceptance of a complaint shall not relieve the customer of its payment obligations or its duty to accept delivery and store the goods properly.
7. Complaints concerning new goods shall be barred after the passage of one year in the case of final customers.
The following provisions shall apply to business entities:
If upon receipt of delivery, the customer detects damage to the packaging, it shall ask the forwarder to confirm the damage in writing upon acceptance of delivery or immediately notify us in writing of conditional acceptance of the delivery on account of the damage to the packaging. We must be notified immediately in writing of any damage in transit which is detected only after the goods have been unpacked. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint within the requisite period.
1. We shall retain full ownership rights in the goods supplied pending receipt of full payment. The customer undertakes to notify us of any change in the place of residence/business as long as any amounts remain due to us from the delivery of the goods or the goods have not yet been delivered. The customer may not pledge the goods or use them as collateral.
2. We shall be notified immediately of any third-party interference with the goods still owned by us and the receivables still outstanding.
3. In this connection, the customer shall bear the cost of all measures which we deem reasonable for averting such interference including but not limited to the cost of intervention processes.
4. The customer shall always be deemed to process or modify the goods delivered on our behalf. If the goods delivered are processed with other objects not belonging to us, we shall acquire co-ownership rights in the end product commensurate with the value of the goods delivered relative to the other objects processed.
If these Standard Terms and Conditions of Business are excluded in part or in full from the contract or if any part thereof is deemed void, this shall have no effect on the validity of the remaining provisions. If these provisions are excluded from the contract or are deemed void, the relevant statutory provisions shall apply. The contract shall only be deemed to be void if in the light of the amendments required to be made in accordance with the relevant statutory processes continued performance of the contract results in undue hardship for either of the parties