terms and conditions

extended terms and conditions for resellers, dealers, and distributors can be requested at info@prd-group.eu
 
conclusion of contract
 
The presentation of our goods in catalogs and on the internet is not a binding offer, but an invitation for the buyer to order these goods. Our prices are understood to be ex works. Packaging and shipping costs will be charged in addition to the purchase price. Customs duties and costs of payment transactions shall be borne by the customer.
We accept no liability for any errors in printed materials, price lists, and on the internet.
By submitting an order to us via the internet, e-mail, telephone, fax, or other means of communication, the buyer makes an offer to conclude a purchase contract with us. The customer is bound to the offer until the third working day following the submission of the order. When ordering through the web shop, the purchaser will immediately receive an order confirmation, which is not yet an acceptance of the order. After reviewing the order, we will send the customer a further e-mail confirmation (order confirmation) regarding the receipt of their order and any changes that may be necessary due to production requirements. The contract with us comes into effect if the customer does not immediately object. Changes and additions to the offer or contract require written confirmation. To maintain the written form, transmission by fax or e-mail is sufficient. Other means of telecommunication are not adequate.
For orders with delivery to third parties, the purchaser is considered the ordering party. If the delivery is made to a third party for their benefit or if the recipient of the delivery is enriched by taking possession of and further using the delivery in another way, the purchaser and the recipient of the delivery shall be jointly considered the ordering party. By issuing such an order, the purchaser implicitly assures that consent has been obtained.
For orders billed to third parties, whether in their own name or that of another, the purchaser and the invoice recipient shall jointly be considered the ordering party. A subsequent change of billing after invoicing at the request of the purchaser to another billing recipient implies the implicit accession of this billing recipient to the obligation. By issuing such an order, the purchaser implicitly assures that consent from the billing recipient has been obtained.
Side agreements, changes, and additions to the contract are only valid if we confirm them in writing.
Data, especially print templates, must be delivered in the file format and print data specified by us. We cannot guarantee error-free performance for differing file formats. The customer is fully liable for the accuracy of this data. We are entitled, but not obliged, to carry out necessary preliminary work, especially on the delivered or transmitted data of the customer, without consulting them if this is in the economic interest of the customer or contributes to meeting the deadline for completion of the order. If the customer's data does not comply with our specifications and results in errors in the end product due to corresponding adjustments of the print data, these shall not be at our expense. The customer expressly declares that such work is done at their own risk. A claim for complaint is therefore excluded. Such work will be charged according to their respective time spent.
Cancellations or changes to orders are only possible before production starts. Cancellations or changes at a later stage are excluded and will result in full compensation for damages. This also applies to individual items in the shopping cart.
Cancellations can only be requested by the customer themselves and exclusively through their customer account.
 
delivery
The delivery of the goods takes place at the delivery address specified by the buyer. Information about the expected delivery time is non-binding unless we have made a binding commitment to the buyer in writing in individual cases. The delivery time begins one day after the receipt of cleared orders and, if applicable, print-ready templates. If print templates are created by us or if the order is modified by us for production reasons, the delivery time begins with the release for production. For payment method advance payment, the date of payment received in our account is relevant and considered the release for production.
Over- or under-deliveries, especially for printed products and custom-made items, up to 5% of the ordered goods will be accepted and charged.
 
shipping
The shipping and packaging costs are calculated according to the value of the goods:
 

* currently valid German VAT 19%

 For packaging reasons (transport damage), orders may need to be shipped in multiple packages; for example, trophies and loops often cannot be securely shipped together in one box.
In the interest of resource conservation, we reuse well-preserved packaging from our suppliers and do not allow deductions for packaging costs.

 
 
payment terms
Our price quotes are gross prices including statutory German VAT. Net prices are stated separately and marked.
The purchase price is due upon delivery.  
Orders under 100,-- € will be shipped against advance payment. The date of payment received in our account applies.

Regular customers may be offered payment on account at our discretion. For payment on account, we grant a payment term of eight days from delivery.
 
The customer shall bear the costs of money transfers, especially for credit card payments.
If you have agreed with us to pay by direct debit, we will debit the amount from your account at the earliest on the day of delivery.
For all orders, especially for larger orders with custom-made items (special loops, horse blankets, stable plaques, club items (shirts) or for first orders, a reasonable advance payment may be required.
In the event of non-payment, the buyer will automatically be in default after delivery.
 
retention of title
The delivered goods remain our property until full payment of all secured claims.
Templates, clichés/impression stamps that we create for the production of the goods remain our property unless otherwise agreed.
The goods will be stored free of charge for the customer until full payment is received. The customer may not sell or otherwise dispose of the ownership of the goods.
In the event of early disposal of the goods, the customer hereby assigns the resulting claim against the purchaser to us as security.
If third parties access the goods, especially by seizure, the customer shall immediately inform them of the contractor's ownership and notify the contractor to enable them to assert their ownership rights. If the third party is not able to reimburse the contractor for the resulting legal or extrajudicial costs, the customer shall be liable for this to the contractor.
 
patents/copyrights/trademarks
The contractor shall indemnify the customer and their buyers against claims arising from infringements of copyrights, trademarks, or patents unless the design of the delivery item/s delivered originates from the customer. The customer shall be solely liable if the execution of their order infringes the rights of third parties, particularly copyrights, trademarks, or patents. The customer declares that they are in possession of the reproduction and reproduction rights for the submitted documents. The customer shall indemnify the contractor from all claims by third parties due to a legal violation in this regard.
 
warranty
We shall be liable for defects in the goods according to the statutory provisions. If the delivered goods exhibit obvious material or manufacturing defects or transport damage, the buyer is requested to immediately notify us of this. However, the failure to make this complaint shall not affect the existence of any claims of the buyer against us. For orders from consumers according to § 13 BGB, the warranty period is two years from the delivery of the goods; for orders from entrepreneurs according to § 14 BGB, it is one year from the delivery of the goods.
In all manufacturing processes, minor deviations from the original may not be objected to.
This applies in particular to:

• minor color deviations between two or more orders,
• minor quality deviations (especially for fabrics) compared to a previous order or sample

  
returns:
returns should only be carried out after prior telephone consultation.
for returned goods without prior consultation, any incurred additional costs shall be borne by the purchaser.
 
defect complaints:
a notice of defect must be received by us no later than 7 days after delivery of the goods. If we do not receive a timely notice of defect, the goods shall be deemed approved. This does not apply if the buyer proves that they sent the notice of defect within 7 days of discovering a defect that was initially not visible.
if the buyer requests supplementary performance, we have the choice of whether to remedy the defect or deliver a defect-free item. We are entitled to make supplementary performance dependent on the prior payment of an appropriate part of the purchase price taking the defect into account. The buyer is only entitled to a reduction or alternatively to withdraw from the contract if the supplementary performance has failed. The supplementary performance has failed after the unsuccessful second attempt to remedy the defect unless something else arises.
to ensure a quick processing of a notice of defect, it is possible in some cases to receive a price reduction from the manufacturer/supplier for the delivered goods/item, but this is not mandatory or to be understood as an alternative to replacement delivery or supplementary performance. There is no legal claim to a price reduction instead of a replacement delivery or supplementary performance. If such a solution is reached by mutual agreement, the notice of defect is extinguished. Further claims by the buyer will no longer be accepted.
 
beginning of withdrawal notice
 
withdrawal
the buyer can revoke their contractual declaration within two weeks without giving any reason in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to them before the deadline - by returning the goods. The period begins after receipt of this notification in text form, but not before receipt of the goods by the buyer (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. To maintain the withdrawal period, timely dispatch of the withdrawal or the goods is sufficient. The withdrawal must be directed to:
Professional Rosetten Design UG
Raiffeisenstr. 8 A
61169  Friedberg - Germany
E-Mail: info@prd-group.eu
Fax: 06031-7728408
the right of withdrawal does not exist for contracts for the delivery of goods made to the buyer's specifications or clearly tailored to the personal needs of the buyer, which are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded.
 
withdrawal consequences
in the event of an effective withdrawal, the performances received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the buyer cannot return the received performance in whole or in part, or only in a deteriorated condition, the buyer must provide compensation to us to that extent. This does not apply in the case of the transfer of goods if the deterioration of the goods is solely due to their inspection - as the buyer could have done in a retail store. Furthermore, the buyer can avoid the obligation to provide compensation for a deterioration that occurred through the intended use of the goods by not using the goods as their own and refraining from anything that might impair their value. Items suitable for parcel shipment are to be returned at our risk. The buyer shall bear the costs of return shipping if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed € 40,- or if the buyer has not yet made the payment or a contractually agreed partial payment for goods of a higher price at the time of withdrawal. Otherwise, the return is free of charge for the buyer. Non-parcel goods will be picked up from the buyer. Obligations to reimburse payments must be fulfilled within 21 days. The period begins for the buyer with the dispatch of their withdrawal declaration or the goods, for us with their receipt.
if customers are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and act in the conclusion of the contract in the exercise of their commercial or self-employed activity, there is no right of withdrawal.
end of withdrawal notice
 
 
privacy policy
as the owner of the domain www.toproset.eu, we take the protection of your data very seriously.
all data you provide to us will be used and stored exclusively for processing your inquiry/order with us and will not be disclosed to third parties for payment or free of charge.
the customer acknowledges that the contractor stores data from the contractual relationship according to § 28 Federal Data Protection Act for the purpose of data processing and reserves the right to transmit the data, as far as necessary for the fulfillment of the contract, to third parties (e.g. parcel services, insurances).
our website uses Google Analytics, a web analysis service from Google Inc. (''Google'').
 
place of jurisdiction, applicable law
the exclusive place of jurisdiction for all legal disputes arising from this contractual relationship is Friedberg, as far as the buyer is a merchant or a public law entity. The contract is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.

extended terms and conditions for resellers, dealers, and distributors can be requested at info@prd-group.eu

status  January 2025