Terms and conditions

1. Differing, opposing or supplementary general Terms and Conditions do not form an integral part of the contract, even if acknowledged, unless their standing is formally approved in writing. In particular, any prohibition of assignment or limitation of assignment in a Contractor’s Terms and Conditions is hereby expressly contradicted.
2. For the purpose of the Terms and Conditions, a Consumer is any individual person who concludes a transaction with us, the purpose of which cannot be assigned to either his/her commercial or independent professional activities (§ 13 of the German Civil Code (BGB)).
   
   For the purpose of the Terms and Conditions, a Contractor is an individual or corporate body or partnership with legal capacity, who on concluding a transaction, deals with us in exercising its commercial or independent professional activities ( § 14 BGB).
   
   For the purpose of the Terms and Conditions, Customers are both Consumers and Contractors.

1.  If the Customer is a Contractor, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are transferred to the carrier or to the person or establishment appointed to carry out dispatch, or, in the case of a mail order purchase, when the item is dispatched to the forwarding agent.
2. If the Customer is a Consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over.
3. The same consequences arise if the Customer is in default in accepting delivery.

1. For contracts with Consumers, we retain the Title to the goods until the goods have been paid for in full.
2. For contracts with Contractors, we retain the Title to the goods until all accounts from the current business connection are settled in full with the respective Contractor under following numbers 3 – 7.
3. The Contractor is entitled to sell and process the goods during the ordinary course of business. By way of security, the Contractor already agrees to assign all receivables concerning the goods according to the invoice amount, as would accrue to him through sale or any other legal reason (insurance, unlawful act) against third parties. Following the assignment, the Contractor shall be entitled to collect receivables on his own account and in his own name until revocation. This collecting authorisation may only be cancelled if the Contractor does not duly fulfil his payment obligations towards us. This shall not affect our right to collect the receivables ourselves. However, we commit ourselves not to collect the receivables as long as the Contractor fulfils his payment obligations, does not default, and especially if he does not apply for the opening of insolvency proceedings or suspend payment altogether. In such cases, we may request the Contractor to notify us of the assigned debts and their creditors. In addition, we are then entitled to disclose the debt assignment to the customer of the Contractor.
4. Any processing of the goods by the Contractor shall always occur in our name and on our account. If there is a connection with objects that do not belong to us, we shall acquire co-ownership of the new object in proportion to the value of the goods delivered by us to the other objects to be processed. In addition, the same applies to the product created through processing or mixture as to the purchased goods supplied under reservation of title.
5. We hereby agree to release the securities we are entitled to at the Contractor’s request insofar as the realisable value of our securities exceeds the debts to be secured by more than 20%. The choice of the securities to be released shall be at our discretion.
6. In case of third-party access to the goods, especially through seizures, the Contractor shall notify us immediately of any third-party ownership in writing.

1. Any bank transfer charges shall be at the customer’s expense. There shall be no additional foreign transfer fees if you use the IBAN number.
2. Subsequent invoice correction is excluded in case of missing, incorrect, or incomplete specification of the Contractor’s VAT Reg. No. Furthermore, Epson reserves the right to subsequently charge any statutory VAT applicable in Germany.
3. In case of payment on account, the purchase price shall become due within 14 days of invoice date. The customer shall also fall into arrears without further notice from us if he does not pay by the due date specified on the invoice. In case of defects, the Contractor shall not be entitled to a right of retention insofar as it does not stand in reasonable relation to the defects and probable costs of supplementary performance (especially remedy of defects).
4. Any payment set-off on several outstanding debts shall be effected according to § 366 Para. 2 BGB (German Civil Code).
5. In case of default, we are entitled to demand interest for late payment to an amount of 5% above base rate (§ 247 BGB).
6. In case of default, we are entitled to withdraw from the contract and to demand the return of the goods.
7. The customer shall only be entitled to set-off and retention if counterclaims are undisputed and have legal force.

1. Contractors must notify us of obvious defects in writing within a period of two weeks of noticing the defect; otherwise claims under the warranty are precluded. Timely dispatch is sufficient for adherence to the stated notification period. The full burden of proof lies with the Contractor for all conditions of entitlement, particularly for the defect itself, the date on which the defect is identified and the timeliness of the claim. If the Customer is a Contractor, where goods are damaged, it is our choice first of all whether we meet the warranty by remedying the defect or delivering a replacement. Should a Contractor choose to withdraw from the contract because of a legal or material defect after a failed supplementary performance, he/she is not entitled to a claim for compensation because of the defect as well.
2. Consumers are subject to warranty law.

1. We adhere to the legal requirements in the case of intent or gross negligence on our part or on the part of our representatives or vicarious agents. In other respects, we only adhere to the Product Liability Act in the case of death or injury to body or health or in the case of the culpable breach of fundamental contractual obligations. Claims for compensation for breach of fundamental contractual obligations are limited, however, to foreseeable injuries typical to the contract. A contractual obligation shall only be deemed fundamental if its fulfilment ensures due implementation of the contract and if contractual partners can be regularly trusted to comply with it.
2. The regulation of the aforesaid clause 1 applies to compensation along with payment and compensation instead of payment, for any cause in law whatsoever, in particular to obtain damages for defects, breach of duties under contractual obligations or tortious acts. It also applies to the reimbursement of futile expenditure.

1. German law governs these Terms and Conditions to the exclusion of the UN Sales Convention.
2. Insofar as the customer is a merchant under the German Commercial Code (HGB), the place of jurisdiction shall be Düsseldorf.