Terms and conditions

The German version of these terms is legally binding. This English version is provided for convenience.

§ 1 Scope and customers

These General Terms and Conditions apply to all contracts, deliveries and services of Etui Creations, owner Iordanis Eleftheriadis (hereinafter “Provider” or “we”), to its customers.

Customers within the meaning of these terms are exclusively entrepreneurs as defined in Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity acting in the course of their commercial or independent professional activity. We do not sell to consumers (Section 13 BGB). By placing an order, the customer confirms that they are acting as an entrepreneur.

The version of these terms valid at the time of the order applies. Deviating or conflicting terms of the customer apply only if we have expressly agreed to them in writing.

§ 2 Quotes, conclusion of contract and cancellation

The presentation of our products on the website is not a binding offer but an invitation to send an enquiry. We accept enquiries via the contact form, by email or by phone, and the customer receives a quote. By ordering on the basis of this quote, the customer makes a binding offer, which we may accept within 5 working days by sending an order confirmation by email or by delivering the goods. The contract is only concluded upon our acceptance.

There is a minimum order value of €150 (net). We may reject orders below this value or, by arrangement, fulfil them with a small-quantity surcharge.

Volume prices and discounts for larger quantities are agreed individually. If a discount is granted on the basis of a quantity committed by the customer (e.g. an annual requirement with partial call-offs), it only applies if the full agreed quantity is purchased. If the agreed quantity is not purchased, we reserve the right to adjust the unit price retroactively and reasonably. Partial deliveries are permitted to a reasonable extent and may be invoiced separately.

Cancellation: Entrepreneurs have no statutory right of withdrawal. As a voluntary service, orders can be cancelled free of charge within 24 hours of our order confirmation, provided production or preparation for shipping has not yet begun. Cancellations must be made in text form (email is sufficient). After that, free cancellation is excluded; we may invoice the costs incurred up to that point.

§ 3 Personalisation and samples

For personalisation with the customer’s logo, the customer provides suitable artwork. The customer warrants that they are entitled to use the logo and that doing so does not infringe the rights of third parties. The cost of the stamping die is shown in the quote.

Samples are free of charge; the customer pays the shipping costs.

§ 4 Prices and payment

All prices are per piece in euros, net plus statutory VAT and plus shipping costs. Customs duties and other charges for deliveries abroad are borne by the customer. Errors and misprints excepted.

Payment is by bank transfer on invoice. Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. Other payment methods (e.g. prepayment, PayPal, credit card, direct debit) are possible by arrangement in individual cases. We reserve the right to supply new customers, or in justified cases, only against prepayment or a part payment.

For orders with a net value of more than €1,000 we reserve the right to deliver only against prepayment. For custom-made products or a net order value of €2,000 or more, we may require a 50% deposit before production begins; the balance is due at the latest on shipment or notification of readiness for shipment. Production begins once the deposit has been received. We state the payment terms in the order confirmation.

If the customer is in default of payment, the statutory provisions apply (Sections 286 et seq. BGB). In particular, we are entitled to charge default interest at the statutory rate and to withhold further deliveries until payment is made.

§ 5 Delivery, shipping and transfer of risk

We deliver within Germany and to other European countries, to the delivery address given by the customer. Unless otherwise agreed, we choose the carrier (in particular DHL, DPD, GLS or UPS). Shipping costs depend on weight, size and destination and are shown in the quote. Shipping within Germany is free of charge from a net order value of €300.

Delivery usually takes 1–2 weeks, or 2–3 weeks with logo personalisation, from the order confirmation or approval of the sample. For custom sizes and colours we state the delivery time in the quote. Delivery times are guidelines unless a fixed date has been expressly agreed. If a delivery is delayed, we inform the customer without delay.

The risk of accidental loss and accidental deterioration of the goods passes to the customer when we hand them over to the carrier, even if we bear the shipping costs. The customer must report transport damage or loss to the carrier without delay and notify us.

§ 6 Retention of title

The goods remain our property until all claims arising from the business relationship have been paid in full. The customer may resell the goods in the ordinary course of business; pledging or transfer by way of security is not permitted. The customer hereby assigns to us, as security, the claims arising from resale in the amount of the invoice value of the goods; we accept the assignment. The customer remains authorised to collect these claims as long as they meet their payment obligations and do not fall into financial difficulties.

§ 7 Warranty, inspection and notification of defects

The statutory provisions apply to material defects and defects of title unless otherwise stated below. The warranty period is 12 months from delivery.

Section 377 of the German Commercial Code (HGB) applies: the customer must inspect the goods without delay after receipt. Visible defects must be reported in text form within 5 working days of delivery, hidden defects without delay after discovery. If the customer fails to report in time, the goods are deemed approved.

Minor deviations, in particular slight differences in colour from the on-screen display and differences resulting from handcraft, do not constitute a defect. In the case of a justified and timely notice of defect, we will, at our option, repair or replace the goods. If subsequent performance fails twice, the customer may reduce the price or, if the defect is not minor, withdraw from the contract. Damages are governed by § 8.

§ 8 Liability

We are liable without limitation for damage resulting from injury to life, body or health, for intent and gross negligence, and where we have given a guarantee.

In the case of slight negligence, we are only liable for the breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Liability under the Product Liability Act remains unaffected.

These limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

§ 9 Packaging Act

We comply with the obligations of the German Packaging Act (VerpackG). We are registered in the LUCID packaging register of the Stiftung Zentrale Stelle Verpackungsregister and participate in a dual system for our sales and shipping packaging. We will provide the registration number on request.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and exclusive place of jurisdiction for all disputes with merchants, legal entities under public law and special funds under public law is the Provider’s registered office (Korschenbroich, Germany).

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.