Terms of service

Terms of delivery and payment Designerstock Srls - hereinafter referred to as Designerstock

General - Scope

These conditions apply exclusively. The acknowledgment of deviating or conflicting conditions requires an express written consent.

This also applies to unconditional execution of the delivery. The terms of delivery only apply to entrepreneurs.

Conclusion of the contract - acceptance of the goods

By completing the order, the buyer submits a binding offer. The purchase contract only comes into being through an express declaration or the dispatch or the provision of the goods.

The buyer is obliged to accept the ordered goods (primary obligation). If the buyer is late in accepting the goods, Designerstock is entitled, after a reasonable period of grace, to demand damages for non-performance and to withdraw from the contract. If the buyer is in default with the acceptance of the ordered goods, Designerstock is entitled, without prejudice to the previous paragraph and the other legal rights, to demand a written declaration from the buyer within a period of three weeks as to whether he is interested in any other private use of the ordered goods goods agree. If this declaration is not received by Designerstock within the specified period of three weeks, this shall be deemed to be the buyer's consent to a corresponding utilization. Designerstock is obliged to inform the buyer in writing at the beginning of the period of the intended significance of his behavior and the resulting legal consequences.

 If Designerstock agrees to the other use of the ordered goods, the sale will take place privately. The proceeds will be offset against the buyer's liability for damages and reimbursement of expenses after deducting the costs incurred.

Delivery

The delivery is free works or warehouse in Italy, uninsured and freight collect. Freight, forwarding and packaging costs are at the expense of the buyer or recipient.
The risk passes to the buyer when the goods are made available in the distribution center designated by Designerstock.

Payment

If advance payment has been agreed, the goods will not be released until payment has been made. For the rest, payment must be made immediately after receipt of the invoice, provided that the goods have been received,
purely net cash to Designerstock's account at BPER Bank

(IBAN: IT50B0538776721000042001445 BIC BPMOIT22XXX). The invoice number from Designerstock and the date of issue must be stated. In the event of a delay in payment, Designerstock is entitled to charge reminder costs of EUR 5.00 per reminder and default interest of 14 percentage points above the base rate of the European Central Bank. Designerstock reserves the right to only deliver to the buyer against payment by direct debit. For payments by direct debit, a SEPA direct debit mandate can only be issued for accounts with German banks. In the case of payments with SEPA direct debit, Designerstock reserves the right to shorten the period for advance notification (so-called pre-notification) to up to 5 bank working days for first-time direct debits and to up to 2 bank working days for recurring direct debits.
Should fees be charged by the banks, Designerstock reserves the right to pass them on. The buyer is only entitled to set-off rights if his claims are undisputed or have been legally established.

Warranty and Liability

The goods can be inspected beforehand by the buyer and/or his authorized representative. The goods then ordered are put together according to the available stocks and delivered. Deviations from the agreed delivery quantity of up to 10% do not entitle either party to claims. Deviations from the agreed delivery quantity exceeding 10% must be reported to Designerstock in writing within 10 days of receipt of the goods. Receipt at Designerstock is decisive for compliance with the deadline. The goods are all remaining items. Therefore the goods are sold in the condition in which they are found. Claims for defects are therefore excluded unless Designerstock has fraudulently concealed the defect or breached a guarantee. The same applies to legal defects. For the rest, claims for defects by the buyer require proper notification of defects in accordance with § 377 HGB. The following provisions apply to claims for damages due to defects. This also applies to claims resulting from defects. Insofar as Designerstock is liable for damages for other reasons according to the legal requirements, this only applies if the cause of the damage is based on intent, gross negligence or the negligent breach of essential contractual obligations or Designerstzock is liable under the Product Liability Act. Designerstock's liability for injury to life, body and health is not limited. Any claims for defects become time-barred in 6 months, calculated from the transfer of risk. This limitation period also applies to claims for compensation for consequential damages and culpa in contrahendo, but not for claims arising from tortious product liability or the Product Liability Act. Any rights of recourse by the buyer are excluded due to the nature of the goods as residual items. Insofar as there are rights of recourse, the buyer cannot assert any further claims than he is entitled to according to § 478 BGB. In particular, claims for recourse based on agreements between the buyer and his customers that go beyond the statutory warranty are excluded.

Origin characteristics

The goods can be freely sold in the EU. Catalogs and/or photographs provided to the buyer, as well as content and images from the brand owner's website, may not be used for price demonstrations or advertising measures without the express prior written consent of Designerstock. The downloading
or copying any content from Designerstock's web sites without express written consent is strictly prohibited and may be a criminal offense for copyright reasons. If the seller breaches the obligations under this section, Designerstock is entitled to reserve the other rights
extraordinary termination, to demand a contractual penalty of EUR 5,000.00 for each violation. The right to claim further damages is reserved.

Retention of title

Designerstock retains ownership of the delivered goods until all payments from the business relationship with the buyer have been received. In the event of breach of contract by the buyer, in particular default in payment, Designerstock is entitled to withdraw from the contract and take back the delivered goods. The buyer is entitled to resell the goods in the ordinary course of business. However, he already assigns to Designerstock all claims in the amount of the final invoice amount (including VAT) of Designerstock's claims that arise from the resale against his customers or third parties. The buyer remains authorized to collect this claim even after the assignment. However, Designerstock is authorized to collect the claim itself if the buyer does not meet his payment obligations from the proceeds received, defaults on payment or an application has been made to open insolvency or composition proceedings or similar proceedings or payments have been suspended. The buyer is then obliged to provide Designerstock with an exact list of the claims to which Designerstock is entitled with the name and address of the customer, the amount of the individual claims, the invoice date and to provide Designerstock with all the information necessary for the assertion of the assigned claims and to give the debtors (third parties) to notify the assignment.

Credit check

The contract data (surname, first name, date of birth, street/house number, post code/city) are used to arrange for a credit check to be carried out by Creditreform.

For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, probability values ​​are collected and used, the calculation of which includes address data, among other things.

Miscellaneous

Cancellations, changes and additions to these terms of delivery and payment must be made in writing. Place of performance is Ancarano. Place of jurisdiction is the headquarters of Designerstock srls.
If the buyer is a merchant, Designerstock can also sue the buyer at his registered office. The legal relationships are assessed exclusively according to Italian law, the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.