Terms & Conditions
1. General Terms and Scope of Agreement
These General Terms and Conditions (GTC) apply to contracts between WillowFlex and customers or users of WillowFlex website.
Any diverging or supplementary terms of the customer are not part of the contract, unless WillowFlex reviews the alternative or supplementary conditions and explicitly approves them in writing.
The customer declares all orders placed with WillowFlex to be binding offers. However, the contract between the customer and WillowFlex is concluded only after acceptance by WillowFlex. The acceptance of the contract by WillowFlex may occur in writing, by telephone or by e-mail.
The products manufactured by WillowFlex on behalf of customers are one-offs, which are produced and individually designed according to customer requirements and specification. WillowFlex will produce the products in the material chosen by the client, according to the specified customer plans and sketches and / or in the size and color specified by the customer, etc. A requirement for cancellation or return does not exist according to §312d Abs. 4 Nr. 1 BGB.
For non-customized products WillowFlex grants a right of return of 14 days, provided that the products supplied are unused, in the original packaging and in perfect condition. To ensure processing within the return period, a written return request or the unopen product should be sent to
Volgers Weg 2
37586 Markoldendorf OT Dassel
In the case of an effective return of sealed product to WillowFlex with the warranty period, all money that has already been paid will be refunded within 14 days. When the products have been used or degraded, WillowFlex is entitled to demand compensation. This does not apply if the deterioration of the products is due to their examination only.
All sale prices of WillowFlex to customers are net prices plus the statutory value added tax.
WillowFlex is entitled to make partial deliveries if this is reasonable for the customer. Once the shipment of product is agreed upon, the delivery risk is transferred to the customer as soon WillowFlex has passed the products or the delivery to the transport service.
6. Delayed Delivery
If a binding delivery date has been agreed to in the contract between the customer and WillowFlex, WillowFlex is only considered to be in default after the customer has allowed WillowFlex a reasonable grace period.
If the customer has a previous debt liability with WillowFlex, WillowFlex can refuse delivery, notwithstanding any other rights.
Immediately after receipt of the delivery, the customer has the responsibility to check the quality of the delivered products. For obvious defects, they must be reported in writing within 10 working days of receipt of delivery. For hidden defects, the time limit for the receipt of the goods begins with their discovery. If the customer has not provided an accurate and timely complaint, the delivery is considered approved.
The option for customer claims regarding product defects expires after 12 months. This does not apply if WillowFlex has fraudulently concealed the defect or has assumed guarantee by WillowFlex. It also does not apply for personal injury and claims under the Product Liability Act. WillowFlex has the right to remedy defects at its own discretion by replacement delivery or removal of defects. Slight, unavoidable deviations that fall under the customary production technology standard or standard deviations of quality, format, color, weight in the products delivered shall not constitute defects.
10. Retention of Title
The delivered WillowFlex goods are considered property of WillowFlex until payment is made in full by the customer. The customer is however entitled to resell the products supplied in the normal course of business to third parties. Other disposals, in particular pledging or granting of equitable lien shall not be permitted unless WillowFlex agrees this explicitly in writing. As soon as the customer enters the contract with WillowFlex, they assume additional responsibilities which include assuming all claims incurred from the resale of the products supplied by WillowFlex against third parties, excepting the case that the customer is unable to enforce its own claim against third parties.
All Invoices from WillowFlex are to be paid within 5 business days of receipt and without deduction. If payment has not been received within 15 days of receipt of the invoice, the customer is automatically in default.
12. Place of Performance, Jurisdiction and Applicable Law
Location for fulfillment and jurisdiction are both Berlin, Germany. The contractual relationship between the customer and WillowFlex is governed by the laws of the Federal Republic of Germany, excluding the CISG.
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.