Terms and conditions
General sales and delivery conditions, Valid from: 05.03.2015
Your contract partner is:
Marienburger Str. 35
called in the following provider.
1. The following General Terms and Conditions of Sale and Delivery apply exclusively. Conflicting or deviating conditions will not be recognized, unless the provider has expressly agreed to their validity in writing.
II. OFFER AND CONTRACT OF THE TREATY
The offers on the website are non-binding and merely represent an invitation to submit an offer. A contract is concluded only by the written order confirmation (with order number) by the provider (for example by email) or by the execution of the contract. Before that there is no claim to the delivery of the ordered goods.
III. PRICES AND PAYMENT
1. Payment is possible by prepayment or Paypal.
2. For payment by prepayment: After receipt of the order and the written order confirmation by the provider, the customer transfers the amount due to the following account stating the order number received from the provider:
Kontoinhaberin: Beatrix Becker
3. When paying by Paypal: The customer can immediately, after confirmation of the order, pay by Paypal. This will give us a confirmation from PayPal and we can initiate the shipment.
1. The shipment will be shipped as soon as the payment has been received on the above account and all items are available in stock. If not all articles are in stock, then a waiting period of up to four weeks arises on the goods receipt of the missing articles. At the end of the four weeks, the then deliverable items will be sent. Non-supplied items must be reordered. It can be noted on the order form that the four-week period should be waived. In this case, all immediately deliverable items are delivered, the rest of the order expires. Any credit balance will be refunded.
2. In the event of delivery delays due to force majeure, breakdowns, strikes, delivery bans or other circumstances for which the supplier is not responsible, the delivery period shall be extended to an appropriate extent.
3. If the customer is in default of acceptance or if he violates other obligations to co-operate, the provider is entitled to be compensated for the damage incurred so far, including additional expenses. At this time, the risk of accidental loss or deterioration of the purchased item is transferred to the customer. As long as the customer is in arrears with a liability, the delivery obligation is suspended by the provider.
V. EXPORT REGULATIONS
The customer is responsible for compliance with the import regulations of the respective country of delivery. He must himself procure any necessary import and export licenses.
VI. DEFECTS AND WARRANTY
1. Upon delivery, the customer must check the goods immediately after receipt for completeness and obvious defects. In particular, he must ensure that he receives an undamaged package from the parcel courier. If necessary, he must open it in the presence of the parcel carrier. Torn or obviously open shipments should not be accepted, as this is the shipping company, tacitly confirmed receipt of the delivery in perfect condition. Concealed defects, that is, defects that are not immediately detectable even after careful examination and not within the limits specified in VI.2. can be discovered in writing, the provider immediately after the discovery. Any slight discrepancies between illustrations and the delivered goods may be due to technical reasons and do not constitute a defect.
2. Any warranty claims will be lost if the customer does not notify the supplier in writing of the obvious defects within 6 calendar days after receipt of the goods or does not report the hidden defects immediately after their discovery. Sufficient to meet the deadline is the dispatch on the last day of the deadline (postmark).
3. If the defect elimination fails, or if the supplier is not willing or able to remedy the defect or if it is delayed beyond reasonable deadlines, for reasons for which the supplier is responsible, the customer is entitled to withdraw from the contract or to demand a reduction of the purchase price.
4. The warranty period is two (2) years from the date of delivery.
Liability for damages for whatever legal reason occurs only in case of intentional or grossly negligent behavior on the part of the legal representatives or vicarious agents of the provider. This indemnity does not apply to the breach of essential contractual obligations and to the liability of warranted characteristics.
1. You have the right to withdraw from this contract within fourteen days without giving any reason.
2. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
3. In order to exercise your right of withdrawal, you must inform us (name / address) of your decision to withdraw from this contract by means of a clear statement (eg a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, which is not required.
4. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5. Consequences of withdrawal: If you withdraw from this contract, we have to repay you all payments that we have received from you, including delivery charges (except for the additional costs that result from giving you a different delivery method than ours offered, cheapest standard delivery), immediately and at the latest within fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
6. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
7. You only have to pay for any loss of value of the goods if this loss of value is due to an examination of the nature, characteristics or functioning of the goods, which proves that you have not handled the goods with care.
(If you want to cancel the contract, please fill in this form and send it back.)
Marienburger Str. 35
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered ___________________ (*) / received on _______________________(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
(only when notified on paper)
(*) Delete as applicable.
IX. DATA PROTECTION
We take the protection of the data entrusted to us very seriously and under no circumstances will make it available to third parties. All data necessary for the business transaction are electronically stored and not passed on to third parties. The customer hereby grants the provider his explicit consent to the storage and processing of the data disclosed in the context of the contractual relationships and necessary for the development of the order in accordance with the statutory provisions on data protection.
1. The deliveries are made exclusively under retention of title. The property is transferred to the customer only when he has fulfilled all his obligations from all goods delivered by the provider. In the case of a current account, the reserved property is deemed to be a security for the balance demands of the provider.
2. The customer is entitled to sell the delivered goods in the ordinary course of goods. Pledging and security transfer are prohibited. The customer must notify us immediately of a seizure or other impairment of our rights by third parties. The customer hereby assigns the claims resulting from the resale or any other legal reason (insurance, tort) with respect to the reserved goods to the contractor in full. The contractor revocably authorizes the client to collect the claims assigned to the contractor for his account in his own name. This collection authorization can only be revoked if the client fails to meet his payment obligations properly.
XI. COPYRIGHT / USE RIGHTS
If copyrighted works are included in the delivery, the customer is granted a simple, non-exclusive right to use the respective work. The granting of further rights of use (eg duplication) requires the express written approval of the provider.
XII. COMMERCIAL BUSINESS TRAFFIC
If the customer is a merchant within the meaning of the German Commercial Code (HGB) and delivery takes place within the framework of a commercial transaction, the following additional provisions apply:
1. These contract and delivery conditions also apply to all further contracts between the supplier and the customer, without the need for special instructions. The supplier does not accept contradictory or further general terms and conditions of the customer in any case.
2. In addition, §§ 377, 378 HGB apply to complaints. The right of revocation does not apply to goods transactions within the meaning of §§ 343 HGB.
3. Jurisdiction for all disputes arising from and in connection with the contractual relationship is Berlin.
XIII. APPLICABLE LAW
For the terms and conditions and the entire legal relationship between the provider and the customer, the law of the Federal Republic of Germany.
Alternative dispute resolution pursuant to Art. 14 Abs. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.