Shop Conditions
General Terms and Conditions for Private People (private end consumers)
§ 1 Scope of Application and Vendor
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Delivery Fees
§ 5 Delivery Terms
§ 6 Payment Terms
§ 7 Reservation of Propriety Rights
§ 8 Right of Revocation Notice
§ 9 Transit Damage
§ 10 Warranty
§ 11 Liability
§ 12 Final Clause
General Terms and Conditions
(With legal information)
§ 2 Conclusion of Contract
§ 2.1 The products shown in our online shop serve the purpose of obtaining sales bids. Clicking the [order] button means that you have given a conditional bid. Our products are sold only for private use in quantities that do not exceed standard household amounts.
§ 2.2 Accepted orders are verified as such through a Sales Confirmation via Email, or by delivery of the said products within five days (only for delivery within Germany) or fourteen days (for delivery outside Germany). An Order Confirmation does not mean that the transaction has been accepted as such, this is only a confirmation that our company has received your order.
§ 2.3 In the event that our Sales Confirmation contains either/or any written or printed mistakes, technical coverage errors pertain to the price determination, we reserve the right to appeal, whence we must prove our falsity to you. Prior payments will be reimbursed immediately.
§ 3 Prices
The prices shown on the product pages include VAT (Value Added Tax) amounts and other price components. Delivery fees are not included in the price shown.
§ 4 Delivery Fees
§ 4.1 Deliveries within Germany are surcharged with ¤6.90 per order. Free shipping within Germany is granted when the order amount exceeds ¤200. For deliveries in all other countries the delivery charges are based on the weight of the shipment. You will find a table unter Shipping and the charges will show in your shopping basket. Exempt from this rule are certain extremely large, long, bulky or heavy items. The raised shipping costs for such items is stated clearly and are in no way exempt from delivery surcharges; not even in the event of the said free shipping exempt rate.
§ 5.2 The total Delivery time to the customer consist of (1) the time we need to hand over the goods to the shipper (“ready shipment”) plus (2) the shipping time (“shipment run time”). The “ready shipment” time is quoted for every item in the web shop and if the customer orders over the phone etc. The “shipment run time” is listed under “shipping” in the web shop and is depending on the country of delivery and the shipping type the customer is choosing.
§ 5.3 In the event that all ordered items are out of stock, we reserve the right to deliver partial shipments at our own expense, as long as this complies in a reasonable manner with you.
§ 5.4 Our carriers will try three times to deliver your goods. In the event that the shipment cannot be proclaimed after a triple dispatch, we may withdraw from the contract. Any and all payments made will be reimbursed immediately.
§ 5.5 In the event that the ordered item is out of stock due to shipment matters from our own supplier, we reserve the right to withdraw from the contract. In this case, you will be immediately informed and we will suggest the delivery of a similar product. If no similar product is to be had or you do not wish for a substitute delivery, we will reimburse payments immediately.
§ 6 Payment Terms
§ 6.1 Subject to our customer criteria and choice, all payments can be made via advanced bank transfer (Euro-Transfer SEPA), cash on delivery, ClickandBuy, credit card or debit (via ClickandBuy).
§ 6.2 In the event that we choose the payment option „advanced bank transfer” and you accept this option, we will give you our company bank account number in your sales confirmation. The amount is to be paid in full within ten days to this account. When paying via credit card, your credit card account will be charged at the time of your order. Orders paid by advanced bank transfer are delivered after the money has been accredited to our account.
§ 6.3 In the event of delayed payment, the sales price will be accredited with 5% more than the base lending rate. We reserve the right to prove and claim higher delay damage.
§ 6.4 When paying via debit or direct debit, you must pay any fees that arise in consequence of back posting due to insufficient funds or false bank data transmitted by you.
§ 6.5 The Right to Summation is granted to you only if your counterclaims are legally binding by a court of law, undeniable, or accepted by us, in written consent
§ 6.6 You may practice the Right of Retention only if your claims result from the same contract relations.
§ 7 Reservation of Propriety Rights
The items remain ours until they are paid for in full. Before transfer of our properties, no forfeiting, chattel mortgaging, processing or transfiguration is allowed, without our consent
§ 8 Cancellation Instructions
Customers in Germany have a two-week cancellation right.
Customers in Germany have the right to return merchandise without specifying a reason within two weeks. Other time frames apply in different countries and these time frames are to be upheld for all purchases in our shop. For example, Austria (Saturdays are excluded), Belgium, France (the term “jours francs” must still be clarified), Ireland, Lithuania, Luxemburg, the Netherlands, Slovakia, the United Kingdom and Spain (the country of Spain specifies that the time frame of the country from which the goods are delivered must be upheld!): 7 weekdays; Hungary: 8 Weekdays; Poland: 10 days; Greece and Italy: 10 weekdays; Cypress, the Czech Republic, Denmark, Estonia, Finland, Germany, Portugal, Sweden, Latvia (Latvia-at least 14 days): 14 days; Malta and Slovenia: 15 days. For customers in Switzerland there is no equivalent law or ruling for distant selling at this time (04/08)
§ 8.2 Exempt from return are all items that have been tailored / made on specific customer specifications By law, all software, CD’s and DVD’s which are no longer factory sealed are also exempt, in accordance to legal regulations, from return.
§ 8.3 Please send all returns back to us insured and retain the delivery receipt. Upon request, we will reimburse the postage in advance.
Within your cancellation rights, you may also choose to use our free Return Service. Please request a self addressed and stamped Return Sticker or have our designated carrier pick up the item(s) from your home.
§ 8.4 Please note that modalities specified in the paragraphs 8.3 and 4.4 are not prerequisites for successful exertion of your cancellation and revocation rights.
§ 9 Your Return Shipments
We would like to ask of you to please send the items back in their original packaging and with all original packaging components. Please use, if applicable, a protective wrapping. You are not indebted to do so!
If you no longer have the original packaging, please use an adequate substitute to ensure the highest measure of safety against transport damage. Items that cannot be easily boxed and sent will be picked up at your door.
§ 10 Merchandise Value Compensation
§ 10.1 If you send items to be returned back to us, we may charge you with the merchandise value compensation in the event of any deterioration.
§ 10.2 Special Note to Merchandise Value of Medical and Hygiene
All medical items and items with a daily use that come into physical contact such as bandage material, hygienic items (including, but not only: baseball caps, stockings, underwear, brassieres and brassiere inlays) and items for which pristine condition is imperative for use, as well as items with damaged, lost, removed, opened or otherwise manipulated original sealed packaging may be charged the full sales price upon return.
§ 11.2 Failure to timely complaint or notifying us will not infringe on your statutory warranty rights but will help to validate our own claims toward the carrier and/or transport insurance.
§ 12 Warranty
§ 12.1 The warranty is subject to legal regulations. You have the right to supplementary performance on any and all defects which arise in the statutory warranty time period of two years upon receipt of goods. You have the right to demand rectification of the defect or that replacement is provided. In addition, you may, in the event that all legal premises are present, invoke your right of withdrawal, decrease, and compensation. You must grant us two chances to subsequent improvement, if you have not previously granted an appropriate respite. In the event that supplementary performance is bound by disproportionate costs, your claim will be limited to the other possibility of supplementary performance.
§ 12.2 Damage and defects arising from improper usage, operation, storage or negligent or false care, maintenance, extreme usage (overstraining) or inappropriate repair work from an unauthorized service partner are exempt from warranty and warranty claims.
§ 13 Liability
We remain exempt from liability due to slightly negligent obligation infringement, as long as this does not present a major infringement of contract obligations, harm or damage to life, body or health. We also remain exempt if this does not touch guarantee or warranty rights or claims arising from the Product Liability Act. This also applies to obligation infringements from our auxiliary persons.
§ 14 Final Clauses
§ 14.1 Should one or more provisions in these conditions of sale be or become ineffective, the validity of the remaining conditions is retained. In lieu thereof, all corresponding statutory regulations are to be upheld.
§ 14.2 The contractual language is German
§ 14.3 The laws of Switzerland apply.
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