Scope & defense clause
( 1) to the following terms and conditions apply to the current version at the time of the order for the justified via the Internet shop legal relations between the operator of the shop ( hereinafter "Provider " ) and its customers.
( 2) Different Terms and conditions of the customer will be rejected . This will only be effective if they are supported by the provider in writing .
Conclusion of the contract
( 1) The presentation of goods on the internet Sop is no binding offer of the supplier to conclude a contract of sale , the customer will only be required to submit an order through an offer.
( 2) By sending the order via the internet store , the customer makes a binding offer to conclude a contract of sale of the goods contained in the shopping cart . By submitting the order, the customer accepts these terms and conditions as the legal relationship with the seller alone prevail .
( 3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not yet accepting the contract offer by the seller ; they serve only to inform the customer that the order is received by the provider . The declaration of acceptance of the offer made by the delivery of goods or an explicit declaration of acceptance.
Costs when returning the right of withdrawal
If the customer exercises his right of withdrawal , he has to bear the regular costs of the return if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if the customer to come in at a higher price the thing time of revocation has not yet paid the consideration or a contractually agreed partial payment . Otherwise the return consignment is free of charge for the customer .
Right of cancellation for consumers in terms of § 13 BGB
You can ( eg letter, fax , email ) or your contract within two weeks without giving reasons in text form - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient ( in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations according to § 312c Section 2 BGB in connection with § 1 Sections 1, 2 and 4 BGB- as well as our obligations according to § 312e Section 1 Clause 1 BGB in connection with § 3 BGB Information Regulations . The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to:
D- 86920 Epfach
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits ( eg interest ) surrendered. Can you give us the performance received whole or in part, or return them in a deteriorated condition , you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection - it - as it would have been about you at our store . In addition, you can avoid the obligation to pay compensation for a determination by the proper use of the thing , by not using the goods as your property and omitting everything, which impairs their value . Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have produced agreed partial payment . Otherwise the return is free for you. Not shippable items are picked up. Obligations to reimburse payments must be fulfilled within 30 days . The period begins for you when you send your cancellation or the goods, for us with their reception.
When a service Your right of cancellation expires prematurely if your contractor has started to carry out the service with your explicit consent before the end of the revocation period or you yourself have caused this .
End of cancellation policy
Retention of title
The delivered goods remain until full payment of the property of the provider.
The payment of the purchase price is due with contract.
(1 ) The warranty rights of the customer are governed by the general law, as long as nothing else is determined. Claims for damages by the customer against the supplier is the provision in § 7 of these Terms and Conditions .
( 2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year . Compared to entrepreneurs, the limitation period for newly manufactured goods 1 year in used goods 6 months. The above reduction of the period of limitation does not apply to compensation claims by the customer due to injury to life, body or health, as well as claims for damages due to breach of contract . Material contractual obligations are those whose performance to achieve the objective of the contract is necessary. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3 ) A guarantee is not accepted by the seller .
(1 ) Claims for damages by the customer are excluded , as long as nothing else is determined. The above disclaimer applies to the legal representatives and agents of the provider , if the customer asserts claims against these claims .
( 2) Excepted from the given in Clause 1 Disclaimer Claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract . Material contractual obligations are those whose performance to achieve the objective of the contract is necessary. From the disclaimer is also excluded liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
( 3) provisions of the Product Liability Act (ProdHaftG ) remain unaffected.
§ 9 |
Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights shall be excluded, unless the provider is not writing . To support the provider is only obligated if the customer has a legitimate interest in the assignment or pledge .
Off rights of the customer exists only if its set-off claim was legally established or is undisputed.
Choice of Law & Jurisdiction
( 1) The contractual relationship between the provider and the customer, the law of the Federal Republic of Germany. The application of the UN Sales Convention is excluded.
(2 ) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the supplier , provided that the Customer is a merchant , a legal entity under public law or a public law special fund .
If any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby.
Source: Attorney termination & dismissal Hannover
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