ATTENTION: currently sales are only possible via our online shop.

  • contact@africa-marcont-tissus.de
  • We are there for you even on vacation
  • +49 176 80526140
  • contact@africa-marcont-tissus.de
  • We are there for you even on vacation
  • +49 176 80526140

Terms of Service

§ 1. Ordering By placing an order, the customer accepts the following conditions of performance and payment. The order is only binding for Africa Marcont Tissus if its acceptance has been confirmed in writing. A written confirmation from Africa Marcont Tissus can also be made as part of the delivery in the form of a delivery note or invoice. Agreements or additional agreements deviating from these Terms of Service and Delivery shall only be valid if they have been confirmed in writing by African Marcont Tissus. Oral side agreements were not made when placing the order. If there are reasonable doubts about the customer's solvency or creditworthiness after conclusion of the purchase contract, we are entitled to postpone the delivery / service until we have secured our claims. We are also entitled to demand the provision of security for our claims within a reasonable period of time. After expiry of this period, we reserve the right to withdraw from the contract under assertion of our claims. Divergent terms of service and delivery of the customer shall only apply to the extent that they have been acknowledged in writing by African Marcont Tissus.

§ 2. Pricing For the area of Africa Marcont Tissus, our prices, including the value added tax valid at the time of invoicing, with all the additional conditions contained therein, are binding. We reserve the right to make appropriate price adjustments in the event of material price or wage changes as well as other cost increases.

§ 3. Payment

For services originating from Africa Marcont Tissus, the term of payment for wholesale customers is 7 days net plus VAT valid at the time of invoicing plus any applicable freight charges. For the retail sector, payment is due immediately and is shown as gross amount including VAT. Payment is deemed to have been made on the day we can dispose of the amount. In the case of non-cash payment, the payment is deemed to have been made when it has been definitively credited to our account. If the target is exceeded, interest is to be paid in the amount of the respective bank rate of our bank for overdrafts (including credit and overdraft commission), plus statutory value added tax. Our claims become due immediately if the conditions of payment are not adhered to or if facts become known which, after due and commercial discretion, make the creditworthiness of the buyer doubtful. If the acceptance of a service is unjustifiably refused, then the approval of the payment date is void and the agreed price is due immediately. At the same time, the total debt balance of the ordered, also from other shops, is due for immediate payment. In addition, in the event of non-acceptance of goods that are in connection with our service provision, we are entitled, without our fault, to rescind the contract or claim damages for non-performance after setting a reasonable period of grace. In addition, claims for damages are not excluded. Payment by bill of exchange is subject to express other agreements excluded. An exceptional acceptance of acceptances only applies as long as the purchase price deferral, as in the economic circumstances of the buyer no adverse changes occur or become known. Bills of exchange are not cash payments, therefore discounts cannot be deducted. Discount and other charges are to be paid by the customer in any case immediately after the task. The acceptance of checks and bills does not take place, but only fulfillment. Services and deliveries made abroad are subject to other written agreements only against irrevocable, repeatedly transferable and divisible, at a bank to be named by us to be created, confirmed and for us free of charge documentary credit.

§ 4. Deliveries The specified delivery times of the service are initially not binding. The term of the delivery times quoted by us begins after clarification of all details relevant to the execution of the order according to our order confirmation. The goods which are related to the performance of the service shall in any case be deemed delivered from the warehouse and shall travel at the risk of the buyer, even if the price has been set at the place of destination. The choice of shipping method is made in the best judgment of the supplier. For deliveries delayed or omitted by fault of subcontractors, the service provider shall in no case be liable. Goods, which result from the activity of a service and are executed in our house, travel at the risk of the client.

§ 5. Packaging / postage packing and postage of benefits in kind, which are incurred in the performance of the service, will be charged at cost price plus an insurance fee of 1.2%, unless otherwise agreed. § 6. Delivery delay Claims for damages due to delayed delivery or provision of services are excluded. In the event of force majeure, such as operating or traffic disruptions, etc. at our or our subcontractors, we are entitled, without liability for any damage, to rescind the contract in whole or in part, unless reasonable grace periods are granted.

§ 7. Complaints Complaints must be made immediately upon receipt of the goods or service provision, at the latest 5 days after receipt thereof. Any complaints about defective quality of the goods do not entitle the customer to withdraw from the contract or to demand subsequent delivery of defect-free goods, but he can only claim compensation for the lower value.

§ 8. Retention of title Until the fulfillment of all claims that African Marcont Tissus is entitled to against or against the customer for any legal reason, the following retention of title shall apply: a) The delivered goods or services remain the property of African Marcont Tissus. The customer stores the property of the service provider free of charge. Service to which the service provider owns property is referred to below as reserved goods. b) The customer is entitled to sell the reserved goods in the ordinary course of business, as long as he is not in default. Pledges or collateral assignments are inadmissible. The customer hereby assigns the claims resulting from the resale or other legal grounds with respect to the reserved goods to African Marcont Tissus in full. c) If third parties access the reserved goods, the customer will point out the property of African Marcont Tissus and notify it immediately. Costs and damages are borne by the customer. d) In the event of breach of contract by the customer, in particular default of payment, African Marcont Tissus is entitled to take back the reserved goods or, if necessary, to demand assignment of the customer's claims for return against third parties. The withdrawal and the claim of the reserved goods by African Marcont Tissus does not constitute a withdrawal from the contract.

§ 9. Confidentiality For all designs, designs and other documents as well as samples, as far as they are not freely available at this time of publication, we reserve the right of ownership or copyright. They may not be made accessible to third parties without our written permission. Any samples and other documents relating to offers are returned promptly at our request or, if the order is not placed. Our illustrations and designs are only binding if confirmed by us in writing. Design changes remain reserved.

§ 10. Warranty We guarantee the quality of our services as well as the newly delivered products, which are part of our service provision, as far as a guarantee that we within one year from date of delivery for justified complaints through repair or replacement at our discretion. These must be verifiable material or manufacturing defects that significantly affect the proper functioning of our goods and have arisen before the transfer of risk. The return of rejected goods is to be agreed with us before implementation. Before that, we need to send some samples with details of the complaints for review. Any claims must be made in writing immediately after discovery of the error, whereby the complaint must be specified exactly. General information, such as "defective", "poor performance" is not enough. Any claim shall be void in case of violent damage, improper handling and storage. Our remedy of defects shall also be void if measures are taken to remedy the complaints without our written consent. The same applies to damage caused by contamination outside the products supplied by us. The duty to repair or subsequent delivery is omitted, as long as the customer does not meet its contractual obligations. Any deficiency and product liability is excluded for: - Subsequent changes to our products, even if such changes are not the cause of any damage that may have occurred. -Use of our products for a purpose not intended for their intended use, even if our product is suitable for this purpose. The above information only applies to wholesale and not to end users. The guarantee (§10) and return of delivered goods (§11) are regulated for the end user exclusively on the revocation and return instruction of the African Marcont Tissus.

§ 11. Return of delivered goods in connection with the provision of services From our deliveries, we can take back only unused, new goods in perfect complete execution in exceptional cases for credit, as far as a reuse possibility is given. If these conditions are not met, we reserve the right for non-free return or encumbering the costs for rectification of defects in case of subsequently identified defects. The return of delivered goods can only be done with our prior consent. The return delivery has to be made free of freight and packing to our house. Possibly. Costs or fees incurred by us are debited by us or alternatively deducted from the credit amount.

§ 12. Liability We are liable for our own fault, for the fault of our employees, employees and other vicarious agents, for whatever legal reason; in particular from negligence in contract negotiations, positive breach of contract, tort, product liability, etc., always only in case of intent or gross negligence. For the rest, German law applies with the exception of the provisions of the uniform law on the international purchase of movable goods (EKG) and the uniform law on the conclusion of international sales contracts for movable property (EAG).

§ 13. Place of performance Place of performance and jurisdiction for delivery, service and payment is the registered office of the service provider. The German law applies under explicit exclusion of the UN sales law (CISG). § 14. Severability clause if any of the above conditions is invalid, it will be replaced by an effective provision closest to its meaning. The ineffectiveness of individual components of the contract has no effect on the effectiveness of the remaining parts of the contract. In case of doubt, the provisions of the legislature or the relevant case law apply. With each new assignment, our above terms and conditions are considered recognized. German language is binding.

Africa Marcont Tissus / May 2018