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Conditions of Use ... General trading conditionsGeneral trading conditions
Our supplies, achievements and offers at consumers in accordance with § 13 BGB take place on the basis of these trading conditions.
Sales are only valid for companies, firms or associations. If your purchase is intended for a club but the club please enter name when registering as a business name. As a private person, you can shop in our store, unfortunately not directly.
With task of his order the buyer explains itself in agreement with this contractual basis. To supplies and achievements excluding our following conditions apply. Of it deviating regulations - in particular in form-moderate purchasing conditions - are binding for us only if we recognize them expressly in writing
§ 1 duties to supply information of the buyer
(1) The buyer is to be made obligated with its registration (log in) only truthful data. Changes of the data important for our business relation (e.g. Name, address, E-Mail address, consumer characteristic) has us the buyer with current order immediately to communicate otherwise before the next order. After initial registration, the buyer is obliged to immediately send us business license or a club of registration by mail / fax it to. Us if wrong data are communicated, we are entitled to the resignation from already closed contracts and for the blockage of our on-line Shops for this buyer.
(1b) If we are unable to trade license or club register extract as defined here received unsolicited after the initial registration by the buyer, we have the right the buyer's failure to request a deadline 8 days to catch up. If it is suspected on abuse of the registration or refusal to supply information on the ommercial status, we the right turn our law firm for clarification. Cost of which will be borne the buyer.
(2) The buyer ensures that the E-Mail address indicated by him is attainable. If the receipt of enamels is prevented quiet putting or overstocking of the account due to forwardings, the rights are entitled to us in accordance with exp. (1).
(3) Immediately after task of its order the buyer receives an acknowledgement of receipt from us by E-Mail. The buyer commits itself to inform us immediately if it did not keep this confirmation time near.
(4) For his entrance to our on-line Shop the buyer receives a password. It commits itself to treat the password confidentially and not to make unauthorized third accessible. For an abuse of the password, which the buyer caused, we do not take over adhesion.
§ 2 conclusion of a contract, revocation
(1) Our offers are noncommittal and stand under the reservation of appropriate stocks and/or punctual supply by our suppliers. With his order the buyer explains obligatorily that he would like to acquire contents of its Warenkorbes (contract offer). We are entitled, the present contract Treaty within the times for delivery indicated by us by distribution of the commodity to accept separate confirmation of order or in other suitable way totally or partly. The acknowledgement of receipt specified under § 1 exp. 3 does not represent a confirmation of order. Only with our express or konkludenten notification of acceptance the sales contract comes off, as far as our notification of acceptance is enough. To the acceptance of orders we are obligated in no case. Detailed orders become only obligatory by written confirmation - under the reservation of the delivery opportunity - and/or with distribution
(1a) We have the right orders of the buyer to contractual settlement of franchise partners with whom we work together to cede. Order entry and contract will be through this franchise partners with the buyer.
(2) With contradictions between order and confirmation of order our explanation proceeds, if the deviation not when new contract offer is to be evaluated.
(3) Obvious mistakes, writing, pressure and calculation error, which to us with the presentation of an offer or within the framework occur to a confirmation of order, are not obligatory on us.
(4) All prices - also Katalogpreise - understand themselves from stock Leszno, including packing after our choice plus forwarding expenses and the legal value added tax. Special packing desires are considered - as far as possible - and charged for separately.
(5) In case of a revocation of our confirmation of order the order is cancelled. Itself the return of the countersigned confirmation of order should by the buyer retards affects this the dates of delivery.
(6) Since sales are in our this shop only for business is here among traders nor the legislatives revocation as for residential customers. Cancellations of orders are made in writing. In arbitrary cancellation or no receipt of advance payments within 30 days of order, we are a cancellation fee entitles the buyer to be charged flat rate of 25 euros which is to purchase price 500 euros. In addition, the cancellation fee is 5 percent of the purchase price.
Cancellations by us for violations of § 1 information requirements by the buyer, we are entitled to an immediate penalty for use in abuse of 50 Euro charge, subject to any further damages and compensation claims. For customer cancellation of ordered items that are produced specifically for customers (not in stock) and their production is already falling a penalty of at least 50 percent of the purchase price depending on the state of the production.
§ 3 prices
(1) As far as nothing else is agreed upon, the prices specified in the order apply.
(2) The prices understand themselves including at the time of the order the valid value added tax plus the overall freight charges proven in the order. In the case of supplies into a country, which is not member of the European union, the price reduces itself around the German value added tax. The buyer has to carry the tariffs and import value added tax developing with the import directly in this case however. It exempts us in this connection from each demand.
(3) If we implement the buyer partial deliveries when desired, this has to carry thereby developing extra costs. Partial deliveries are also by company on-line dispatch permissible, if these are necessary for logostischen reasons.
2. Dispatch of the ordered commodity generally takes place with our house carriers (UPS+Post). Another mode of shipment is desired is this during placing of order to specify accurately (parcel - express shipment - freight) such special treatments against impact is accomplished. Also the receiving place with postal zip code as well as with course dispatch the exact railway station are to be indicated.
§ 4 supplies, higher force
(1) Dates and times for delivery mentioned by us are noncommittal, if not expressly something else one agreed upon. The actual times for delivery depend in particular on the times for delivery of our suppliers. We strive to keep however our indicated dates of delivery. If our noncommittal times for delivery are actually substantially exceeded, we will inform the buyer immediately.
(2) The time for delivery extends, without we refer to separately if and as far as the buyer selected payment means “Vorauskasse”, but no payment carries out.
(3) Temporary delivery obstacles due to higher force (e.g. War, trade restrictions, strike, obstructions of traffic) and other unvorsehbarer and events representing of us not entitle us to only implement the supply after removal of this obstacle. We will inform the buyer immediately from being present such an obstacle. If the obstacle exists over more than two weeks beyond our regular times for delivery, both we and the buyer are entitled to withdraw under appropriate period setting from the contract.
§ 5 default of acceptance
(1) For the duration of the default of acceptance of the buyer we are entitled to store the commodity at danger and costs of the buyer. We can also for this a forwarding business or a warehouseman avail ourselves. The storage costs are charged for overall with 1% of the net invoice amount of the stored commodity per month, at the most however at a value of EUR 25,00. We are entitled to prove and in calculation place actually higher costs. The buyer is entitled to the proof that no or smaller storage costs developed.
(2) If we withdraw due to the default of acceptance of the buyer from the contract, we are entitled when being present the further legal conditions to demand overall payment of damages at a value of 25% of the agreed upon net invoice amount. The asserting of an actually higher damage remains reserving. The buyer is entitled to the proof that none or a smaller damage developed.
§ 6 payment
(1) Our calculations are bar payable depending upon agreement by Vorauskasse or by cash on delivery or by credit card and/or during collection, as far as differently does not agree. Supplies abroad take place only against Vorauskasse or cash on delivery or credit card. During credit card payment we charge for us the credit card fee computed by the credit card companies to the buyer at a value of 4% of the order total amount. Credit card payment by us accomplished to to only send back of us in the respective case to the buyer the envoys confirmation of the credit card payment. This must be by the buyer completely filled out and personally signed. The credit card payment is only then accomplished.
We accept PayPal payments only if the holder of the PayPal account is identical to the Purchaser (billing address). We also point out that we can not take into account the shipping addresses are in the payment notification from PayPal. Shipping address on PayPal is the payment in our shop by the customer deposited with the registry shipping address. For payments by credit card and the credit card holder must be the same as the customer billing address. If you breach this requirement, we reserve the right to charge a cancellation fee of 2% but at least 25 Euros before.
(2) In the case of the Vorauskasse the payment is to be made within 7 days after entrance of our confirmation of the order entrance. The time of the receipt is relevant with us. During later payment we will inform the buyer immediately, if we its order (e.g. because of intermediate price increases) no more do not accept, and which paid amount back transfer. The same applies to that extent, when we accept an order also with payment within the prescribed period only partly or not at all.
(3) A payment is considered only then as effected if we can have the amount.
(4) The buyer can exercise a right of lien only if its counterclaim is based on the same contractual relation. A right for set-off is entitled to the buyer only if its counterclaim were validly determined or recognized by us.
(5) As part of a lean corporate organization, our company reserves the right to outsource the debtor management to an external service. The bill will therefore be assigned with all the rights to a factor.
There are the following payment terms: The billing payment is the payment within 7 days of receipt of our acknowledgment of receipt without deductions. We have the right to send after 7 days pay reminders. Should the buyer advance payment within 30 days pay after sending the order confirmation within this period or to cancel the order, we charge a seller the right to discharge the debt in our Factor. Any delay in payment, default charges (10 ¤ per reminder) and default interest at the statutory rate. Moreover, the resulting collection requesting recovery and legal costs are borne by the customer.
§ 7 guarantee
(1) All pictures, which we use in on-line presentation, in order to represent commodity, are only example photos. They represent the respective article not in every case in a true-to-life manner, but serve only for the illustration. The articles can deviate from the photo. The technical description of the articles is relevant.
(2) Designs, illustrations, technical data, weight, measurement and performance specifications are to be understood as approximate values and obligatory only if they are called of us in text form expressly obligatory. Condition data are guaranteed only then in the sense § 443 BGB, if we explain an appropriate warranty expressly in text form. Changes of condition of the articles before the distribution remain reserving, as far as they do not affect the quality of the commodity or only to small extent.
(3) Our products are suitable only for the usual private or commercial use. For damage, which results from another use or a more strongly stressing, than for the articles the planned, employment, we do not stand in.
(4) Obvious lack of the commodity are to be indicated us immediately after the supply in text form, otherwise one our relevant warranties are void. Obvious, as well as covered transport damages are to be logged with the delivery opposite the transportation person or within 7 days with the UPS /Postfiliale to rügen and. With substantial transport damages the acceptance of the commodity is to be also refused after immediate telephone consultation with us. With each notice of defect has the buyer the complained of commodity with complete accessories as well as a copy of the delivery note to send back with which the commodity was supplied, under indication of the model and serial number and connected with an exact error description at us. For the complaint the complaint light placed from us to the order is to be used. The commodity is to be sent back in the original packaging or an accordingly suitable packing at its expense.
(5) If the buyer indicates the kind of the Nacherfüllung wished by it in the notice of defects not expressly, the choice is incumbent on us. If the buyer of the defective commodity did not attach all accessories during the return, in the case of the subsequent delivery with appropriate accessories this is placed to it to the selling price additionally in calculation. Replaced goods or parts change into our property. Footstep of the buyers due to a lack of the sales contract back, not returned delivery components are likewise taken off to the selling price from our credit note.
(6) If a notice of defect turns out as unauthorized, we send back the complained of commodity to the buyer. The buyer bears the cost including the test expenditure. We are entitled to compute an overall representational allowance at a value of EUR 50.00. The asserting of an actual higher expenditure remains reserving. The buyer is entitled to the proof that our expenditure was actually smaller. We can make the return of the commodity dependent on the payment of our calculation.
(7) The guarantee period amounts to the warranty up to 24, usual of the manufacturer, months starting from delivery of the commodity.
(8) No guarantee resulted taken over for damage, from unsuitable or inappropriate use, incorrect assembly and/or initial start-up by the buyer or third, natural wear, incorrect or careless treatment, unsuitable operational funds, neglect of the operating and Wartungsanleitungen as well as inappropriate changes or repairs from the buyer or third.
(9) If the commodity is continued using despite knowledge of a lack, then we are responsible only for the original lack, not however for such damage, which resulted from the further use.
§ 8 adhesion
We cling on payment of damages because of injury of contractual and except-contractual obligations with bad cunning, resolution and rough negligence without reservation. As far as we hurt negligently a contract-substantial obligation, our obligation to indemnify is limited to the contract-typical, foreseeable damage. The same applies to obligation injuries of our executing aides. Large requirements are impossible. Our adhesion after the product liability law, from a warranty or because of personal injuries remains of it unaffected.
§ 9 retention of title
Up to the complete payment of the purchase price the commodity remains our property. With connection of the reservation commodity with other goods we receive co-ownership at the new thing in the relationship, in which the invoice amount of our commodity stands for the invoice amount of the other connected goods. The buyer keeps the reservation commodity and/or the thing in our co-ownership free of charge for us. Verpfändungen or transfers by way of security concerning in our (with) property the goods are inadmissible. With accesses third on the reservation commodity commits itself to refer the buyer to our property and inform us immediately.
§ 10 not accepted transmissions
If a customer without entitled reason refuses the acceptance of an ordered goods delivery or if it lets an ordered cash-on-delivery item decrease/go back, then it owes nevertheless the agreed upon purchase price in full height. Besides it has to bear all additionally developing cost, in particular the additional postage costs. Alone the customer carries the transport risk as well as the risk for the loss of the commodity.
§ 11 transfer prohibition
The transfer of any demands or requirements against us to third is impossible, if we agree the transfer not expressly in text form. We are obligated to the agreement, if the buyer a justified interest in the transfer prove. The transfer prohibition concerns also the warranty claims; these are entitled only to the contracting party of company on-line dispatch.
§ 12 data security
We are entitled to store and process received the data in connection with the business relation over the buyer, equal whether these from the buyer or from third come, in the sense of the data protection act, as far as they are necessary for the business relation. The data are passed on on - apart from legal or official report obligations - only with agreement of the buyer third.
§ 13 final clauses
(1) For the business relation with the buyer the right of the Federal Republic of Poland - under exclusion of the UN-Kaufrechts - is applicable.
(2) If one of the preceding regulations is totally or partly ineffective, then of it the effectiveness of the remaining clauses or clause parts is not affected.
Notes on battery and packaging Regulation Ordinance
1. of the delivery of goods sold by the seller can batteries. As an end user, you are following the Battery regulation by law to return all used batteries. They can therefore batteries, which you bought at the seller free to the public collection points in its immediate vicinity give or returned to the seller. Batteries, whose return you are required to be designated by signs, consisting of a ton of garbage out and the chemical symbol for the classification as schadstoffhaltig crucial heavy metal (Cd for cadmium, mercury or mercury for Pb for lead).
2. The seller of goods to be sold in so-called sales packages delivered to you. These include the actual packaging of the product from any vendor also used transport packaging (such as shipping cartons). The seller is obligated to sell such packages back when it is not the character of a system of comprehensive waste ( "Green Point"). If the sales package of your goods purchased at the seller a "Green Point" displayed, you can used, restentleerte sales package on the free in their immediate vicinity of their place of residence used system for the collection of packaging with the "Green Point" dispose. If, however, on the sale of packaging no exception, "Green Point" displayed, you can used, restentleerte sales package free of charge to the seller to return. The seller is then for a recovery in sales after the packaging Packaging Ordinance.