1. Scope
These terms apply to all orders placed in the Maldire wholesale shop (maldireb2b.com). The seller is POPZ Production GmbH, Voigtstraße 29, 10247 Berlin, Germany ("we"). The shop is open to approved business customers (retailers) only; we do not sell to consumers here. Deviating terms of the buyer do not apply unless we agree to them in writing. The Stockist Terms form part of these terms.
2. Orders and contract
Products shown in the shop are not a binding offer. Placing an order in the shop is an offer by the buyer to purchase. No payment is taken online. The contract is concluded when we confirm the order by sending the invoice by email. Until then we may adjust or decline an order, for example if items are no longer available. Changes and additions requested by the buyer before invoicing are included in the invoice.
3. Prices, discounts and minimums
Prices shown in the shop are recommended retail prices in euro, excluding VAT. The buyer's wholesale discount is applied with a personal code according to their stockist tier, based on the pieces ordered over the last 12 months: 0–149 pieces, Partner, 35%; 150–599 pieces, Stockist, 40%; 600 pieces and more, Flagship, 50%. Codes are personal, linked to the registered email address and not transferable. Minimum orders: €1,500 at retail price for ready to ship; 50 pieces for made to order. Shipping costs are added at checkout. For deliveries within the EU outside Germany, the reverse charge procedure applies when the buyer provides a valid VAT identification number; deliveries within Germany are invoiced with German VAT.
4. Payment
Payment is made by bank transfer to the account stated on the invoice, within the payment term stated on the invoice. Ready to ship orders are shipped after payment has been received. For made to order, production starts according to the payment terms stated on the invoice.
5. Delivery and risk
Delivery times are estimates unless confirmed in writing; for made to order the delivery time is confirmed with the invoice. Risk passes to the buyer when the goods are handed to the carrier. Import duties, taxes and local customs charges outside the EU are borne by the buyer.
6. Retention of title
Goods remain our property until paid in full. The buyer may resell them in the ordinary course of business and hereby assigns to us the claims arising from such resale until full payment.
7. Inspection, defects and returns
The buyer must inspect the goods on receipt and report visible defects, wrong items or missing items in writing, with photos, within 5 working days of delivery (§ 377 HGB). For justified claims we replace the item or issue a credit, at our choice. Apart from this, wholesale orders are final sale and cannot be returned or exchanged. Made to order pieces are produced specifically for the buyer and are not returnable.
8. Liability
We are liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence we are liable only for breach of essential contractual obligations, limited to the foreseeable damage typical for the contract. Liability under the Product Liability Act remains unaffected.
9. Brand and images
Buyers may use Maldire product images to sell the products they have bought. Modifying images, using them in third-party advertising or in external campaigns requires our prior approval. The Maldire name and prints may not be used for other products.
10. Applicable law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for all disputes is Berlin, Germany.