Terms and Conditions

General Terms and Conditions of BREKINA Modellspielwaren GmbH

1. Object of the Contract

1. Our deliveries are made exclusively on the basis of our terms and conditions. Any other general terms and conditions of the customer will only be recognized if confirmed by us in writing.
2. For orders with a net value up to EUR 50, a processing fee of EUR 6 will be charged.
3. For all deliveries, we charge postage and packaging. These costs are waived for deliveries within Germany with a net value over EUR 300.
4. We are entitled to withdraw from the order subsequently if doubts arise about the customer's ability or willingness to pay, especially due to non-fulfillment or delayed fulfillment of payment obligations from previous orders.

2. Offers

1. All offers from the seller are non-binding. All orders and agreements, such as supplementary agreements, require written confirmation from the seller; this also applies to orders placed through the seller's commercial agents.

3. Delivery Time, Risk, and Transfer

1. We endeavor to meet the agreed delivery deadlines. If delivery is not made within the delivery period, the customer is obliged to set a reasonable grace period for us to fulfill the delivery. The deadline must be communicated in writing. Only after the expiry of the set deadline can the customer withdraw from the contract. Claims for damages due to exceeding delivery times are excluded in any case.
2. Our offers are subject to availability for novelties and new developments, if the customer is a merchant.
3. We are not bound by delivery deadlines if they are caused by force majeure, disruptions in the operations of our suppliers, or other circumstances beyond our control.
4. Delivery is ex works. The risk for the goods passes to the customer, even for free deliveries sent from the factory.

4. Prices / Payment

1. Our prices are in EUR plus VAT.
2. If the customer is a merchant, prices are based on the current price list.
3. If the customer is not a merchant, the agreed prices apply for a period of four months from signing the order.
4. Our customer is obligated to make advance payment for the agreed purchase price including incidental claims.
5. Our invoices are payable net within 30 days from the invoice date. In the case of payments via third parties, especially within the framework of del credere agreements, the goods are considered paid only when the payment has been received by us. If payment is received within 10 days, a 2% discount is granted, unless other payment terms have been agreed upon. The discount deduction is permissible only if no other claims from our deliveries are due. In case of exceeding the payment term, interest will be charged at 2% above the discount rate of the Deutsche Bundesbank.

5. Offset, Retention

1. The customer does not have a right of retention for claims and rights from business relationships and legal relationships outside the respectively agreed order.
2. Offsetting with disputed or not legally established claims of the customer against our claims is excluded.

6. Notification of Defects

1. Obvious defects, breakage, incorrect deliveries, and deviations from samples must be reported to us immediately, within one week from delivery of the goods. The disputed goods must be kept available for inspection. Non-compliant and formally incorrect defect notices for obvious defects result in the loss of claims arising from the defects.
2. Our warranty is limited to rectification, credit, or replacement delivery of our goods. The customer must request rectification, credit, or replacement delivery from us within a reasonable period. We have the choice of replacement delivery, credit, or rectification. If rectification, credit, or replacement delivery is not made despite a reasonable deadline set by us, the customer has the right to reduce the contract or withdraw from it. Further claims, particularly claims for damages, are excluded.

7. Marking of Goods

1. The customer is obligated to use and resell goods marked with our trademark/company name and advertising statement without removing the marking. Removal or impairment of our marking is prohibited.
2. Without our express written consent, the customer is not entitled to subsequently modify the goods, particularly post-printing our products.

8. Retention of Title

1. We reserve ownership of all goods delivered by us until full payment of all our claims, regardless of their legal basis – and for payments by check or bill of exchange until they are cashed. In the case of an ongoing account, retention of title also serves as security for our balance claim.
2. The customer may only resell our property in the ordinary course of business and only as long as he has fulfilled his payment obligations.
3. To secure all liabilities arising now or in the future against us, the customer assigns all claims with all ancillary rights acquired through the resale of our goods to us with immediate effect, up to the valid value of the goods at the time of contract conclusion. Upon our request, the customer must notify his debtors of the assigned claim and inform them of our assignment. We are entitled to notify the assignment ourselves.
4. Pledging and transferring ownership of our goods are not permissible. If our goods are seized by third parties, the customer must notify us immediately.
5. An assignment of claims by the customer against third parties from the sale of our goods is prohibited.

9. General

1. The place of performance is Teningen.
2. If the customer is a merchant, the place of jurisdiction is agreed to be the court in Teningen.
3. German law applies to all our deliveries, even outside the territory of the Federal Republic of Germany.
4. If any of the conditions contained herein are found to be invalid, the remaining conditions shall remain valid.