GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
VAUDE Sport GmbH & Co. KG, 88069 Tettnang, Germany (valid as of 01.08.2012)
I. Scope of Application, Distribution Criteria
1. The deliveries, services and offers of VAUDE Sport GmbH & Co. KG (hereinafter referred to as “VAUDE”) shall be exclusively made in accordance with these General Terms and Conditions of Sale and Delivery (hereinafter referred to as “General Terms”). The General Terms shall also apply to all future business relations with the buyer (hereinafter referred to as “Buyer”), even in the absence of an express agreement to this effect. Buyer accepts these General Terms by placing the order or the receipt of delivery of the goods. Diverging or supplementary terms, in particular Buyer’s terms and conditions of purchase, shall not apply even if VAUDE did not ex-pressly reject them or has effected the delivery to Buyer without reservation while being aware of such diverging or supplementary terms.
2. In case Buyer sells VAUDE’s goods, Buyer (referred to as “Dealer” in the below mentioned re-quirements and internet guidelines) must also comply with the “Distribution Requirements for VAUDE Goods” and the “Guidelines for the Sale of VAUDE Goods over the Internet”. The above mentioned requirements and internet guidelines are available under www.vaude-dealers.com and form an integral part of these General Terms.
II. Offer and Conclusion of Contract
1. VAUDE’s offers are non-binding, unless they are expressly stipulated as binding offers in writing. Declarations of acceptance and any and all orders of Buyer shall require VAUDE’s confirmation in writing or by fax in order to be legally effective. All agreements entered into by representatives in VAUDE’s name shall require VAUDE’s written confirmation.
2. In case of offers stipulated as binding, a contract shall be concluded if VAUDE’s offer is accepted by Buyer in writing within a time period of two (2) weeks from the date of offer or if Buyer accepts the goods delivered by VAUDE. Upon expiry of this time period, VAUDE shall no longer be bound to the offer.
3. If Buyer imposes specific requirements as to VAUDE’s performance, Buyer must inform VAUDE thereof in writing prior to Buyer’s confirmation of the order. In such case, VAUDE shall be entitled to accept or reject the order in writing within a time period of two (2) weeks from the receipt of the written requirements. In any case, Buyer shall remain bound to such order placed with VAUDE during this time period.
1. The prices stated by VAUDE in the offers shall only be binding upon VAUDE for the time period the offer is valid.
2. The prices shall generally be freight forward ex works or ex warehouse of VAUDE. The prices shall generally be exclusive of the applicable statutory value-added tax and shall not include the costs for transportation, postage, packaging or insurance, customs duties or other ancillary costs.
3. Unless otherwise agreed, VAUDE shall be entitled to adjust its prices to reflect any unpredicta-ble increase in the costs for wages, materials or raw materials beyond VAUDE’s control. For this purpose, no consent or approval of Buyer shall be required. Such adjustment of the agreed prices shall only be possible if the time period between the conclusion of the contract and the agreed delivery date exceeds six (6) weeks and the cost increases take place after the conclu-sion of the contract.
4. Unless otherwise agreed VAUDE will charge a minimum order surcharge in the net amount of EUR 15.00 for orders amounting to less than EUR 70.00. First-time orders of Dealers will only be accepted by VAUDE if they have a specific minimum order value.
IV. Deliveries and Time of Performance
1. Unless otherwise expressly agreed in writing, the delivery dates and delivery periods stated by VAUDE shall be non-binding.
2. VAUDE may make partial deliveries for justified reasons provided this is reasonable for Buyer.
3. Delivery dates and delivery periods shall be deemed complied with upon dispatch of the goods in due time or – if the goods are collected by Buyer – upon notification of the goods’ readiness for dispatch in due time.
4. Delivery periods shall commence upon conclusion of the contract, however, not before VAUDE has received all required documents and Buyer has clarified the same, not before Buyer has provided all assistance required for the delivery, not before the parties have agreed on the type of design and not before all official permits have been granted.
5. In case of subsequent supplements and/or changes to the contract, the delivery dates and peri-ods shall be rescheduled and/or extended accordingly.
6. In case of goods that VAUDE does not produce itself, VAUDE’s delivery obligation shall be subject to the correct and timely receipt of the goods from its own suppliers.
7. Even in case of bindingly agreed delivery dates and delivery periods, VAUDE shall not be re-sponsible for delays in delivery or performance due to unpredictable, unavoidable events beyond VAUDE’s control for which VAUDE is not responsible, such as in particular force majeure, war, natural disasters, strike, lockout or official orders. Delivery dates and delivery periods shall be rescheduled or extended by the length of such disturbance; Buyer shall be informed of the occurrence of such event in an appropriate manner.
8. If the disturbance as specified in the above subsection 7 lasts for more than three (3) months or if the end of the disturbance is not foreseeable, each party shall be entitled to rescind the con-tract in respect of the part of the contract that has not yet been fulfilled.
V. Shipment, Passing of Risk
1. The risk of accidental loss and accidental deterioration of the goods shall pass to Buyer upon handover of the goods to the carrier, at the latest however upon leaving VAUDE’s storage site.
2. If it has been agreed that Buyer collects the goods, the risk of accidental loss and accidental deterioration shall, in deviation from the above subsection 1, pass to Buyer upon handover of the goods to Buyer, and if third parties authorized by Buyer collect the goods, upon handover of the goods to such third parties. If Buyer is in default of acceptance, the risk shall pass to Buyer upon default. If, in case a collection of the goods by Buyer or third parties authorized by it has been agreed, the handover is delayed for reasons Buyer is responsible for, the risk shall pass to Buyer upon the goods’ readiness for collection and notification thereof to Buyer.
3. The above shall also apply in case of partial deliveries as specified in section IV. 2.
VI. Terms of Payment
1. Unless otherwise agreed, invoices of VAUDE shall be payable without deduction at the latest thirty (30) days after the invoice date. If payment is made within ten (10) days, VAUDE grants a discount of three per cent (3%). Invoices for repairs are payable without deductions within ten (10) days after the invoice date.
2. VAUDE shall be entitled to issue separate invoices for partial deliveries as specified in section IV 2.
3. Payment shall only be deemed effected when the respective amount is in fact available to VAU-DE. Money orders, checks and bills of exchange shall only be accepted on account of perfor-mance by charging all collection and discounting charges to Buyer. Any discounts granted shall be subject to timely payment and/or complete acceptance of goods, to the extent the discounts are granted for specific order volumes. In case of returns expressly consented to by VAUDE without being obliged to do so, the already granted discounts for specific order volumes shall no longer apply to the entire shipment of goods from which the return originates and Buyer shall be obliged to make a corresponding additional payment.
4. If Buyer fails to pay within the time periods specified in subsection 1, VAUDE shall be entitled to request from Buyer default interest in the amount of eight (8) percentage points above the basic rate of interest as defined in Section 247 German Civil Code (BGB) and published in each case by the German Central Bank (Bundesbank) without any further warning being required. The assertion of a claim for further damages due to the default shall remain unaffected.
5. If VAUDE becomes aware of the risk of Buyer’s impossibility to perform (mangelnde Leis-tungsfähigkeit) after conclusion of the contract, VAUDE shall be entitled to make outstanding deliveries only against prepayment or the provision of security. In addition, VAUDE shall be entitled to rescind individual or all contracts already concluded with Buyer in whole or in part, if Buyer fails to make a prepayment or fails to provide security even after the expiry of a reasonable grace period.
6. Buyer shall only be entitled to a set-off if its counterclaim is uncontested, ready for decision or has been finally adjudicated.
7. Buyer shall only be entitled to assert a right of retention to the extent that its counterclaim is based on the same contract and is uncontested, ready for decision or has been finally adjudicated.
VII. Rights in Case of Defects
1. Upon passing of the risk the goods shall be of the agreed quality; the quality will exclusively be determined by the specific written agreements between the parties concerning the characteris-tics, features and specifications of the goods. VAUDE reserves the right to make modifications or changes to the goods without Buyer’s specific consent if such modifications or changes are caused by the technical development or constitute technical improvements and are reasonably acceptable for Buyer. Furthermore, minor deviations in color, size, shape etc. shall be admissi-ble, if and to the extent these are in the nature of the materials used and are customary in the business or reasonably acceptable to Buyer.
2. Buyer shall inspect the delivered goods immediately upon delivery and shall notify VAUDE in writing of any obvious defects identifiable upon proper inspection within a period of 10 days from the date of delivery of the goods. Buyer shall notify VAUDE in writing of any hidden defects that are not identifiable upon proper inspection within 10 days upon discovery. The written notification shall be deemed made in due time if it is dispatched in due time. If the notification is not made in due time, a liability for defects on the part of VAUDE shall be excluded with regard to the concerned defects.
3. Notwithstanding the obligation under the above subsection 2 to make a notification of defect in due time, Buyer’s rights in case of defects shall become statute-barred 12 months after delivery of the goods to Buyer. The provisions on the statute of limitations of Section 479 BGB shall re-main unaffected. The statutory limitation periods shall remain applicable to damage claims of Buyer due to other reasons than defects of the goods and to rights of Buyer with respect to de-fects concealed in bad faith or caused intentionally.
4. If Buyer makes a notification of defect in due time, VAUDE may, at its option, either remedy the defect or deliver a replacement free of charge to Buyer.
5. If defective goods are returned in connection with a replacement delivery, the return delivery of the respective goods to VAUDE shall be made at the expense of VAUDE and shall include a clear identification of the defect, indicating all information required to handle the complaint, such as the number of the delivery note, Buyer’s account number, certificate of guarantee, receipt and the like. Should Buyer’s notification of defect prove to be unjustified and provided Buyer has realized this prior to the notification of defect or has not realized it in a negligent manner, Buyer shall be obliged to reimburse VAUDE for all costs incurred in this respect, e.g. travel expenses or shipping costs.
6. If a repair or delivery of a replacement is refused by VAUDE in accordance with Section 439 (3) BGB or if it fails or is unreasonable for Buyer, e.g. due to an improper delay on the part of VAUDE, Buyer may, at its option, rescind the contract in accordance with the statutory provisions or reduce the purchase price and/or claim damages pursuant to section IX. or the reimbursement of its futile expenses. However, Buyer shall not be entitled to rescind the contract in case of a merely minor breach of contract, particularly in the case of merely minor defects.
7. Buyer’s rights in case of defects shall be excluded if an improper handling and/or storage caused or at least contributed to the defect.
8. The above provisions shall not apply to the extent that a deviating provision is mandatory under applicable German law, e.g. as a result of Section 478 (4) BGB.
VIII. Retention of Title
1. The delivered goods shall remain VAUDE’s property until full payment of the respective pur-chase price and until any and all claims of VAUDE against Buyer arising from the existing busi-ness relationship with Buyer have been settled.
2. Buyer may not pledge or assign by way of security the goods subject to the retention of title (“Goods Subject to Retention of Title”) or otherwise encumber them with third-party rights. Buyer shall only be allowed to resell the Goods Subject to Retention of Title to third parties and to join them with other movable items within normal and proper business transactions. Should the Goods Subject to Retention of Title be joined with other items, VAUDE shall acquire joint ownership of the new item in the ratio of the value of the Goods Subject to Retention of Title to the other items at the time of joining. Should the joining occur in such manner that Buyer’s item is to be viewed as the main item, it shall be deemed to be agreed that Buyer assigns proportionate joint ownership to VAUDE. Buyer shall hold the joint ownership created in such manner in custody for VAUDE.
3. Buyer shall ensure that VAUDE’s retention of title is being maintained, if possible. Buyer hereby assigns to VAUDE the claims for the purchase price vis-à-vis its customers arising from the re-sale of the Goods Subject to Retention of Title in the full amount or in the amount allocable to the proportionate joint ownership, as the case may be. VAUDE hereby accepts such assign-ment. Buyer is granted the revocable authorization to collect the assigned claims. VAUDE re-serves the right to revoke such authorization and the right to resell the Goods Subject to Reten-tion of Title and to collect the claims itself if Buyer fails to duly fulfill its payment obligations and is in default of payment. In such case, Buyer shall provide VAUDE with the names of its customers as well as with all documents required to enforce the assigned claims upon VAUDE’s request.
4. Buyer shall be obliged to insure the Goods Subject to Retention of Title against the usual risks such as fire, water and theft at its own expense. If Buyer fails to comply with the insurance obli-gation despite a reminder from VAUDE, VAUDE may take out the insurance at Buyer’s expense, pay the insurance premium and collect the respective amount as part of the claim under the respective contract. Buyer hereby assigns to VAUDE, by way of priority, any and all claims against the insurer or injuring party in case of an insured event. VAUDE hereby accepts such assignment.
5. If VAUDE rescinds the contract on grounds of a breach of contract on the part of Buyer, in par-ticular on grounds of default in payment, VAUDE may, irrespective of other rights, request sur-render of the Goods Subject to Retention of Title and Buyer shall grant VAUDE access to the Goods Subject to Retention of Title and surrender the Goods Subject to Retention of Title with-out being entitled to any right of retention. All costs relating to the surrender shall be borne by Buyer.
6. Should the realizable value of the securities exceed the total amount of VAUDE’s claims to be secured by more than 10%, Buyer shall be entitled to demand a release to such extent.
IX. Limitation of Liability
1. In the case of slight negligence, VAUDE’s liability for its own fault as well as for the fault of its vicarious agents and legal representatives shall be limited to the foreseeable damage typical for this type of contract. VAUDE shall not be liable for any breach of a non-essential obligation un-der the contract due to slight negligence.
2. The above limitations of liability pursuant to subsection 1 shall not apply to VAUDE’s liability under the German Product Liability Act (Produkthaftungsgesetz) or in other cases of mandatory statutory liability. Neither shall the above limitations of liability apply to culpably caused personal injuries and if and to the extent VAUDE has assumed a guarantee.
3. Unless otherwise explicitly agreed upon in writing, VAUDE shall by no means be liable for mate-rials, component parts, freight specifications, processing instructions and the like provided by Buyer. VAUDE shall not be obliged to examine the foregoing items with regard to their conformity with the applicable statutory provisions as provided for in the German Product Liability Act and/or the German Civil Code. In these cases, Buyer shall be fully liable and fully indemnify VAUDE against any and all claims raised by third parties.
X. Intellectual Property
1. Buyer hereby acknowledges that all trademarks that are used on VAUDE’s goods are owned solely and exclusively by VAUDE and that no right, title or interest is given to Buyer to use such trademarks for an unlimited period.
2. VAUDE grants to Buyer a non-exclusive right to use its trademarks indicated in subsection 1 for the purpose of duly marking VAUDE’s goods. The use of the trademarks in this scope shall by no means entitle Buyer to continue such use after termination of the contractual relationship with VAUDE. Buyer shall immediately cease the use of VAUDE’s trademarks after termination of the supply relationship with VAUDE and after the clearance sale of all delivered goods kept in stock by Buyer.
3. Buyer shall not do anything that would jeopardize VAUDE’s trademark rights and shall in particular not challenge their legal validity or assist third parties in doing so.
XI. General Provisions
1. Amendments and supplements to the contract and/or these General Terms and any side agreements must be made in writing. The same shall apply to the amendment of this written form requirement. There are no oral agreements in place.
2. These General Terms and the entire contractual relationship between VAUDE and Buyer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Na-tions Convention on Contracts for the International Sale of Goods (CISG).
3. Exclusive venue for any and all disputes arising from or in connection with the parties’ contrac-tual relationship shall be Ravensburg, Germany. VAUDE is entitled, however, to sue Buyer at any other court having statutory jurisdiction.
4. If a provision of these General Terms, including the Distribution Requirements for VAUDE Goods and the Guidelines for the Sale of VAUDE Goods over the Internet and/or the respective contract, is invalid in whole or in part, the validity of the remaining provisions shall remain unaf-fected hereby. In this case, the invalid provision shall be replaced by VAUDE and Buyer with a legally valid provision that comes as close as possible to the economic purpose of the invalid provision.
Place of business: Tettnang, Germany, Local Court of Ulm, HRA 631071
Individually liable shareholder: Gertrud Schmohl and
VAUDE Sport Verwaltungs-GmbH, place of business: Tettnang, Germany, Local Court of Ulm,
HRB 631715, chief executive officer: Antje von Dewitz
Distribution Requirements for VAUDE Products
1. Dealer shall offer VAUDE’s goods (“Contract Products”) for sale in a manner that will preserve and enhance the high value, image and reputation of VAUDE and the VAUDE trademarks; inter alia, this refers to the condition and fit-out of the retail store, the presentation and the setting of the Contract Products and the VAUDE trademarks as well as to the sales advice regarding the Contract Prod-ucts. For this reason, the following requirements must be complied with:
a) The retail store must be clean and well-kept.
b) Dealer must display the Contract Products in an attractive, appealing and customer-friendly manner.
c) The other goods sold by Dealer in its store must be comparable to the Contract Products as regards their quality, image and reputation and must be presented in accordance with their im-age.
d) The retail store of Dealer, including the shop window, and the fit-out of the retail store must be appropriate for the upscale image of the Contract Products, i.e. the furnishings, decoration and other fit-out must be of high quality.
e) When presenting the Contract Products, Dealer shall be guided by the image of the VAUDE trademarks and the consumer expectations with regard to the VAUDE trademarks in respect of the design of advertisements or offers. In this context, Dealer, inter alia, undertakes not to advertise and/or sell goods of third parties that could impair VAUDE’s reputation together with the Contract Products.
f) Dealer and its sales staff must have the necessary know-how for the sale of the Contract Products and must be able to advise and inform the customers about the Contract Products; in particular, this applies to all characteristics of the Contract Products, the respective product information, including information on sustainability and environmental compatibility.
2. Any customer complaints must be processed quickly and efficiently.
3. Dealer shall be obliged to grant VAUDE access to its retail store and the relevant documents to verify the compliance with these requirements for the distribution of VAUDE Contract Products.
4. Dealer shall be obliged to only use current and professional pictures in connection with the Contract Products, which have either been provided by VAUDE or to whose use VAUDE has given its written consent. As VAUDE develops new pictures on a regular basis, Dealer shall be obliged to regularly, i.e. at least once per year, enquire with VAUDE whether new pictures for a Contract Good are available. Any circulation of the pictures to third parties shall require VAUDE’s written consent.
5. Dealer shall at all times comply with all relevant statutory provisions, including but not limited to the provisions relating to unfair competition regarding the presentation of the Contract Products and the contacting of its (potential) customers.
6. Dealer shall not change the Contract Products.
7. Dealer shall participate in all recalls initiated by VAUDE with respect to the Contract Products.
8. The sale of the Contract Products over the Internet requires a website that corresponds to the re-quirements relating to the physical retail store. For this reason, the website and the offer and sale of Contract Products over the Internet must comply with the “Distribution Requirements for VAUDE Products” (hereinafter referred to as “Requirements”) and, in addition, with the “Guidelines for the Sale of VAUDE Products over the Internet” (hereinafter referred to as “Internet Guidelines”). The In-ternet Guidelines can be accessed online under www.vaude-dealers.com or will be sent to Dealer upon request. To ensure compliance with the Requirements and Internet Guidelines, Dealer shall submit its website in advance to VAUDE for review and approval.
9. VAUDE shall be entitled to change these Requirements and Internet Guidelines to take account of changes in the strategy or the market situation. Dealer shall be obliged to implement these chang-es. VAUDE shall inform Dealer in writing duly in advance about such changes.
Guidelines for the Sale of VAUDE Products over the Internet
Dealer shall offer the VAUDE goods (“Contract Products”) for sale in a manner that is appropriate for pre-serving and enhancing the high value, image and reputation of VAUDE and the VAUDE trademarks. For this reason, Dealer shall be obliged to always comply with the below requirements when selling the Contract Products over the Internet:
1. General Criteria
a) Dealer will act as the seller of the Contract Products and as the service provider within the meaning of the German Telemedia Act (TMG) with respect to the website. Any change of its domain (Internet address) by Dealer shall require VAUDE’s prior consent, which may only be withheld by VAUDE for good cause.
b) Dealer will at all times comply with the general information obligations pursuant to Section 5 TMG, any other applicable information obligations pursuant to Section 312c-e German Civil Code (BGB), the rights of withdrawal and return pursuant to Section 355 et seqq. BGB, any data protection laws and any other applicable laws, in particular the provisions relating to unfair competition regarding the presentation of the Contract Products and the contacting of its (potential) customers.
c) Dealer may not post any banner ads on its website that do not comply with the high value, image and reputation of the VAUDE trademarks and Contract Products.
d) Dealer may only effect changes regarding the website that might affect the high value, image, and reputation of the VAUDE trademarks and thus the perception of the Contract Products with the prior consent of VAUDE.
e) If an evaluation system for the mutual assessment on the respective online market place is availa-ble to the trading partners, Dealer must have an evaluation profile of at least 100 (evaluation) points, with at least 95% of all evaluations being positive ones.
f) In order to ensure that all requirements are fulfilled, the sale via internet platforms requires the prior written consent of VAUDE. Notwithstanding the foregoing Dealer is not entitled to sell the Contract Products via an auction sale. To the extent that Contract Products are offered on platforms that al-low customers to purchase goods by auction, e.g. ebay, it is only permissible to offer and sell the Contract Products via "Buy it now”, without the option of purchasing by auction.
2. Product Presentation
a) The Contract Products shall at all times be presented in such a way that it represents and preserves the high value, image and reputation of the VAUDE trademarks.
b) As regards the Contract Products offered by Dealer on its website, VAUDE will make image shots available to Dealer in electronic form.
c) In connection with the promotion and sale of the Contract Products, Dealer undertakes to exclusively use logos and letterings made available to it and approved by VAUDE. On its website, Dealer will only use product pictures made available to it by VAUDE or professional pictures (also with regard to the correct degree of light exposure, styling, color fastness and digital processing); different product views and at least one product picture with high resolution must be displayed. Dealer shall not be entitled to modify the pictures, logos, etc. made available to it by VAUDE, or to pass them on to third parties.
d) Dealer shall present to the customers on its website detailed product descriptions and product pic-tures in order to provide the customers with information on the Contract Products comparable to the information they would obtain in the retail store. In the product descriptions, Dealer will exactly describe the characteristics of the material, the details and the features of the respective Contract Good in compliance with the statutory provisions.
e) Dealer will precisely state the available colors and sizes of the Contract Products.
f) The prices shown must comply with the statutory provisions, be unambiguous and easily under-standable; the shipping costs must be stated precisely.
g) When presenting the Contract Products, Dealer shall be guided by the image of the VAUDE trade-marks and the consumer expectations with regard to the VAUDE trademarks in respect of the de-sign of advertisements or offers. In this context, Dealer, inter alia, undertakes not to advertise and/or sell goods of third parties that could impair VAUDE’s reputation together with the Contract Products. In particular, Dealer shall upload the Contract Products in thematically suitable categories only, and not in categories of other trademarks.
3. Order and Sale
3.1 Product Range
a) Dealer shall only offer such Contract Products it actually has in stock.
b) To the extent that there are requirements regarding the product range of certain product groups, these requirements shall also be complied with when it comes to the selling over the Internet, i.e. Dealer must offer the specified Contract Products in the product range on its website.
3.2 Handling of Orders and Confirmation by E-mail
a) Dealer will confirm orders of customers by e-mail without undue delay.
b) If a Contract Good ordered by a customer is not available because two customers simultaneously ordered a product that only was in stock once, Dealer shall notify the customer accordingly by e-mail without undue delay.
a) Dealer shall ship the ordered Contract Products to the customer within two (2) business days after receipt of the order.
b) Dealer shall confirm to the customer the dispatch of the ordered Contract Products by e-mail.
c) Dealer shall use appropriate packaging materials/cardboard boxes for the shipment.
d) Dealer shall enclose a delivery note and an invoice with each shipment.
e) The shipping costs must be reasonable.
3.4 Payment Methods
a) Dealer will offer its customers at least two (2) different payment methods.
3.5 Customer Service/Help Page on the Website
a) In accordance with statutory provisions, Dealer shall clearly display its contact data, including its telephone number, fax number and e-mail address on its website.
b) Dealer’s website shall include a clearly structured help page, on which, in particular, information on payment methods, shipment terms, rights of withdrawal and return as well as on reimbursement is made available.
c) During normal business hours, Dealer shall provide a customer service by phone, and shall indicate the customer service’s contact data on the first page of its website, easily accessible and easily traceable.
d) Any calls from customers will be dealt with immediately and reliably.
e) Customer requests by e-mail will be duly answered within two (2) business days.
3.6 Withdrawal and Returns
a) Dealer shall comply with the statutory provisions on the rights of withdrawal and return in the case of consumer contracts.
b) Dealer shall explicitly point out to the customer that returns of Contract Products due to warranty must be addressed to Dealer.
4. Technical Standards/Functions
a) It must be ensured that Dealer’s website is optimized for the usual display resolutions (currently 1024x768 pixel) and compatible with the usual browsers (currently IE 6.0 and higher, Firefox).
b) Dealer’s website must have a search function, inter alia for trademarks and product ranges, and it must be ensured that the Contract Products can be differentiated and found by means of this search function.
c) Dealer’s website must have a simple navigation structure.
d) Dealer’s website must include a track and trace function (unless this function is offered by the shipping company used by Dealer).
e) The usual order handling processes and functions (cart, login, checkout, possibilities to check/change the order) must be offered.
f) SSL encryption will be used for processing the order.
g) In particular with respect to safety, performance, and availability standards, the IT infrastructure must be state of the art.
h) In order to avoid that Contract Products are sold out, an inventory management system must be used.