General Terms and Conditions – as of 18.12.2024

General Terms and Conditions (FOR INDIVIDUAL MAILINGS, FULFILLMENT AND WAREHOUSE LOGISTICS) of Futura Marketing- und Vertriebsservice GmbH, Robert-Bosch-Str. 48-50, 88353 Kisslegg

§ 1 Applicability of the General Terms and Conditions

Our deliveries, services and offers are made exclusively on the basis of these delivery and business terms and conditions. Counter-confirmations by the customer with reference to its own terms and conditions are hereby expressly rejected. Should a paragraph or parts thereof in these terms and conditions be wholly or partially invalid, this shall not affect the validity of the other paragraphs. Verbal collateral agreements shall have no effect or validity without our written confirmation. The order shall be deemed accepted by us when we have confirmed it in writing.

§ 2 Prices, Payments

All prices quoted by us are net prices. All invoice amounts result from the transferred and subsequently dispatched addresses and the agreed unit price. All invoices are payable immediately upon receipt without deduction. Unless otherwise agreed, goods must be delivered to us free of charge. All prices are exclusive of the statutory VAT. All prices are based on the postage rates of the respective carriers valid on the day the contract is concluded. Increases and changes in postage and shipping costs do not constitute a reason for termination.

§ 3 Delivery and Shipping

Processing times are to be defined in each order. Nevertheless, Futura Marketing- und Vertriebsservice GmbH reserves the right to postpone mailing dates in exceptional cases (e.g., peak times) to the next working day. Agreed mailing dates will be postponed by the period of delay in cases of force majeure, strikes, unavoidable inability on our part, or on the part of our suppliers. We are not liable for delays in postal and shipping routes. In the event of order changes, the agreed mailing period will change to a reasonable extent. In the event of mailing delay or inability, the customer is entitled to withdraw from the contract after setting a reasonable grace period. Further claims, in particular claims for damages, are excluded. Shipping is at the customer’s own risk. Should the agreed quantities deviate from the actually shipped quantities, the customer is entitled to a refund of the difference. Otherwise, no claims can be derived from this.

We dispatch for each customer only via our own account with the respective dispatch service provider. If the customer switches to its own account with a dispatch service provider during the agreed contract term, Futura Marketing- und Vertriebsservice GmbH shall have the right to invoice the loss of trade margin suffered by adjusting the handling costs accordingly.

§ 4 Withdrawal from the contract

Should it turn out that the execution of a shipment or another service is wholly or partially impossible, we are entitled to withdraw from the contract, insofar as it has not yet been fulfilled, without being liable for damages.

Should significant deviations (+ / – 15 %) from the base data underlying the order / contract (for example monthly package quantities / package volume, monthly pic and pac orders, monthly number of letters, monthly storage space or monthly pallet dispatch quantities) occur over a period of three consecutive months, Futura Marketing- und Vertriebsservice GmbH reserves the right to exercise a special right of termination and, after recalculation and new costing, to invoice from the following month after informing the client / contractual partner.

§ 5 Contract Term

If a fixed-term contract is not terminated 3 months before the end of its term, it is extended by the originally agreed period. If no term has been agreed, the notice period is 3 months to the end of the quarter.

§ 6 Limitation of Liability

For claims for damages, of whatever kind, we are only liable up to the amount of the invoice for the corresponding individual shipment.

§ 7 Right of Retention and Lien (Retention of Title)

7.1
Futura Marketing- und Vertriebsservice GmbH has a lien on the delivered items/goods for all due and undue claims, as long as they are within the sphere of influence of Futura Marketing- und Vertriebsservice GmbH.

7.2
If the customer defaults on payments, Futura Marketing- und Vertriebsservice GmbH is entitled to exercise its right of retention with a notice period of five working days. In this case, Futura Marketing- und Vertriebsservice GmbH may refuse the delivery of items/goods and/or payment of refunds to the recipient as long as Futura Marketing- und Vertriebsservice GmbH has not been fully satisfied for its claims.

§ 8 Amendments

Amendments or deviating agreements require written form.

§ 9 Place of Performance and Jurisdiction

The place of performance and jurisdiction is the registered office of Futura Marketing- und Vertriebsservice GmbH.

Status: 18.12.2024

General Terms and Conditions of
Futura Marketing- und Vertriebsservice GmbH, Robert-Bosch-Straße 48 – 50, 88353 Kisslegg

For the „MAILING“ division

§ 1 Applicability of the General Terms and Conditions

§ 2 Prices, Payments

All prices stated by us are net prices. All mailings are made against prepayment unless expressly agreed otherwise. This means that invoice amounts must be received by us at least two days before the mailing date. Unless otherwise agreed, goods deliveries must be delivered to us free of charge.

§ 3 Delivery and Dispatch

Unless otherwise agreed, dispatch shall be made in an „info package“. An info package may contain various individual mailings from different clients.
Mailing dates specified by the customer shall only be deemed agreed upon with our written confirmation. Nevertheless, Futura Marketing- und Vertriebsservice GmbH reserves the right to postpone mailing dates by up to five working days. Agreed mailing dates shall be postponed in the event of force majeure, strikes, inability for which we are not responsible, or on the part of our suppliers, by the duration of the delay. We shall not be liable for delays in the postal and dispatch process. In the event of order changes, the agreed mailing period shall change to a reasonable extent. In the event of delayed dispatch or inability, the customer shall be entitled, after setting a reasonable grace period, to withdraw from the contract. Further claims, in particular claims for damages, are excluded. Dispatch is at the customer’s own risk. Should the agreed quantities deviate from the quantities actually dispatched, the customer shall be entitled to a refund of the difference. Otherwise, no claims may be derived therefrom.

§ 4 Withdrawal from the Contract and Special Right of Termination

If it transpires that the execution of a mailing or another service is wholly or partially impossible, we shall be entitled to withdraw from the contract, insofar as it has not yet been fulfilled, without being liable for damages.

§ 5 Limitation of Liability

For claims for damages of any kind, we shall only be liable up to the amount of the invoice for the individual mailing.

§ 6 Right of Retention and Lien (Retention of Title)

6.1
Futura Marketing- und Vertriebsservice GmbH shall have a lien on the delivered items / goods for all due and not yet due claims, as long as these are in the power of disposal of Futura Marketing- und Vertriebsservice GmbH.

6.2
If the customer defaults on payments, Futura Marketing- und Vertriebsservice GmbH shall be entitled to exercise its right of retention with a notice period of five working days. In this case, Futura Marketing- und Vertriebsservice GmbH may refuse the delivery of items / goods and/or payment of refund amounts to the recipient as long as Futura Marketing- und Vertriebsservice GmbH has not been fully satisfied for its claims.

§ 7 Place of Performance and Jurisdiction

The place of performance and jurisdiction is the registered office of Futura Marketing- und Vertriebsservice GmbH.

§ 8 Upon publication of these GTCs, all previous ones shall lose their effect

Status: 18.12.2024

Terms and Conditions

General Terms and Conditions – as of 18.12.2024

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