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This is a free translation - In the case of doubt, only the german original text is valid. You can read the german original text by clicking >>here<<.
§1 Constitutional regulations
The contract comes in extistence with the offerer stated in the imprint (metioned below as vendor).
The following terms of contract apply to all signed contracts between the vendor and the respective customer and will be admitted expressly with the order. Consumer according to the following regulations is every physical person, which concludes a legal act for a purpose, that can not be attributed to their commercial or independent occupational activity
§2 Conclusion of contract
Vendor's products on offer in the Internet are not allegorizing a binding offer for closing a contract of sale, but an invitation for placing an order (bid of the customer).
You can place your bid in written, by Fax, by Email or with the e-commerce system integrated into the Online-Shop of the vendor.
Please regard, when purchasing via the Online-Shopsystem:
The merchandise aimed for buying is placed in the "Shopping-cart". With the according button in the Navigation-bar, you can access the "Shopping-cart" and make modifications there at any time. After calling the order form follows the entry of your personal data as well as the payment and shipping conditions. Before sending your order, you have the possibillity to check or modifiy all data (also with your web browser's "back" button), as well as to cancel the whole purchase. With sending your order via the according button, you submit a binding quote to the vendor. At first, your will get an automatical Email about the receipt of your order, which will not result a conclusion of contract.
The acceptance of your bid (and so the conclusion of contract) will be effected in each case by confirmation in text form, where the vendor will confirm you the processing of your order or the dispatch of the merchandise or by sending the merchandise.
If you should not receive a confirmation of order or notification about dispatch respectively the goods within 7 working days, you are no longer bound by your order. If applicable, already rendered services will be refunded immediately in this case.
Language of contract is solely german. The wording of contract (Order data and conditions) will be saved by the vendor. The storage however is only limited in time respectively not accessible to you. Please care yourself for a print-out or a seperate storage.
§3 Prices, shipping costs
The prices mentioned in the respective offers are final prices. They contain all price components including all incidental taxes.
Only with cross-border dispatch, in particular cases additional taxes (for example in case of intra-community buying) and/or dues (such as customs duties) may be payable by you, however not to the vendor, but to the competent customs- or tax authority there.
The incidental shipping costs are not included in the purchasing price, they are callable from the site "Shipping", will be declared separately during the order process and are to be payed by you in addition.
§4 Payment- and dispatch conditions
The payment- and shipping conditions can be found under the buttons "Payment" and "Shipping" in the navigation bar.
As a customer, you are requested, to inspect the goods for completeness, obvious defects and damages in transit and to notify the vendor and the forwarder about objections as soon as possible. Your warranty rights will remain unaffected of this.
Provided you are a customer, the risk of accidental perishing and accidental deterioration of the sold goods during transportation will initial with the delivery of the goods demise to you, independent if the forwarding occurs insured or uninsured.
If you are not a customer, delivery and forwarding occurs on your risk.
It is generally agreed, that in the case of exercising the consumer's applicable right to cancel on distance contracts, the return shipment expenses are the responsibility of the consumer, provided the goods shipped correspond to the goods ordered and the price of the goods returned do not exceed 40 Euro, or have a higher price and at the time of cancellation the consumer has not rendered the return for services or a partial payment as contracted.
§5 Warranty
1. Statutory provisions apply.
2. For used goods, the warranty period is in derogation from the legal regulation one year, starting from the delivery of the goods.
The one year warranty period does not apply to culpably caused damages for life, bodily, or health injuries and for damages caused by gross negligence or intentional caused damages allocable to the vendor, respective fraud of the vendor, as well as for rights of recourse according to §§ 478, 479 BGB [German civil law code].
3. Provided you are a business, in derogation from item. 1 applies:
a) As complexion of the goods, only the vendor's own informations and the product description of the manufacturer are considered as agreed, not however miscellaneous advertising, public blurbs and utterances of the manufacturer.
b) You must inspect the goods immediately and with the necessary care for quality- and qunatity variances and must notify the vendor in written form of apparent defects within 7 days of delivery. The timely sending of said notification suffices to honour the time limit. The same applies to later ascertained hidden faults since detection.
Any breach of the obligations for examination or to give notice of defects disbars raising of warranty claims.
c) In the event of defects, the vendor affords warranty at his own option by repair or reshipment.
if the remedy of defects backfires for two times, you are entitled on your own option to request abatement or to withdraw from the contract.
In the event of subsequent fulfillment, the vendor doesn't have to bear for the increased costs, which arise out of delivery of the goods to an other place than the place of fulfilment, as far as the delivery does not match to the intended usage of the goods.
d) The warranty period is one year from delivery of the goods. Item 2 sentence 2 applies accordingly.
§6 Retention of title
1.The delivered goods remain the property of the vendor until the purchase price has been paid in full.
2. If you are a business, the following additionally applies:
a) The vendor reserves himself the ownership of the goods until the complete settlement of all claims arising from the current business relationship. Before transfer of the property of the conditional commodity, pledging or assigning as security is not allowed.
b) For this case you even now cede all claims in the amount of the final amount of the invoice, which will arise from the resale, to the vendor, who accepts the assignment.
You are still entitled to collect the claim. If you should not honour your payment obligations, then the vendor reserves his right to collect the receivables himself.
c) If you combine or mix the reserved goods with other goods, the vendor retains co-ownership of the new item, in relation to the invoiced value of the reserved goods to the invoiced value of the other goods used at the moment of the processing.
d) Upon the buyer's request the vendor shall undertake to release the securities he is entitled to as far as the relisable value of the securities exceeds the amounts payable to the vendor for more than 10%. The choice of the securities to be released shall be the vendor's.
§7 Limitation of liability
Vendor's liability for slight negligent breaches of duty is excluded in so far as no essential contractual obligations (obligations, that make the proper performance of contract possible, whose violation endangers the reaching of the purpose of the contract and on whose accomplishment the buyer may rely as a matter of course), damages arising from injury to life, body or health, warranties on the condition of the object of purchase or claims in accordance with the Product Liability Act are affected. This also applies for corresponding violation of obligations on the part of vendors vicarious agents.
Thereby, the liability is limited to damages, which must contract-typical be expected.
For willful intent and gross negligence, the limitation does not apply.
§8 Place of fulfilment, place of jurisdiction
German law applies exclusively with the exclusion of the UN Sales Convention.
The place of performance for all services arising of the business connections with the vendor as well as the legal venue is the vendor's leagal office, as far as you are not a consumer, but a merchant, a legal entity under public law or a federal special fund under public law.
§9 Informations about battery disposal
In connection with the sale of batteries or with the delivery of equipment which contains batteries, the vendor is obligated to inform you of the following:
As a consumer you are legally obligated to return used batteries. After use, you can return those batteries, which the vendor has or had in his sortiment as new batteries, free of charge to the dispatch warehouse (address for dispatch) of the vendor. The shown symbols on the batteries have the following meaning:
= Battery may not be disposed of with household garbage.
Pb = Battery contains more than 0,004 mass-percent lead
Cd = Battery contains more than 0,002 mass-percent cadmium
Hg = Battery contains more than 0,0005 mass-percent mercury
(Version 14.06.2010)
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