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Conditions of Use & Withdrawal right
§ 1 Bases
The Terms and Conditions described here are valid for every party on the Internet and other distant communication devices for concluded contracts.
In particular on-line stores as well as on-line trade or on-line auction platforms count to the distribution channels.
Customers for the purposes of the present Terms and Conditions are consumers as well as enterprisers.
Consumer has kicked every natural person with in business connection becomes and for a purpose acts which can be added neither her commercial ones nor her independent occupational activity.
Enterpriser has kicked every natural or legal person or having legal capacity partnership with in business connection becomes and in exercise of a commercial or independent occupational activity acts.
From the Terms and Conditions underlying here deviant, these conflicting or they complementary terms of business become - even with knowledge - not contract appurtenance, unless, Yuriy Koveshnikov agrees to her validity expressly in written form.
§ 2 Conclusion of contract
Orders made by telephone, in writing, by fax or by e-mail by the customer are the orders to which the customer is bound for one week. The contract is initiated by confirmation of order or sending or handing over of the product within this one (1) week term.
If a product is offered in the on-line store, the seller is obliged to the sale of the product at the quote price. The contract is initiated through the electronic confirmation of the sale by the customer though the customer’s password and username in the on-line store.
If an article is put within the scope of an on-line auction, the obliging offer lies in the connection of the supply side for the end of a contract of purchase. This is directed at the customer who delivers the highest bid in the duration of the on-line auction and fulfils any additional conditions of the offer. The offer will be accepted though the specific terms of the on-line auction - this is exclusive to the bid function provided by the respective auction platform. The product will be sold to the highest bidder. The customer accepts the terms and the offer through the sale of a product. The time and duration of bidding will be defined by the online bidding platform.
If a product is offered through an on-line auction but at a fixed price, the seller is obliged to the sale of the product at the quote price. The contract is initiated through the electronic confirmation of the sale by the customer though the customer’s password and username in the on-line auction.
If an article is put within the scope of an on-line auction and, besides, is provided with a "Sofort-Kaufen" function, the contract with the customer comes about independent of the expiry of the term and without realisation of an on-line auction already at the fixed price certain in the option when the customer practices this option. The option of the contract end at the fixed price can be practiced, as long as still no order on the article was delivered.
The customer recognises these Terms and Conditions with the sale of the customer’s order in the on-line store or an on-line auction.
§ 3 Right of withdrawal and cancellation
Customers are entitled to cancellation or withdrawal of the order as outlined in the terms and conditions below:
The consumer can revoke his contract explanation within 14 days without giving reasons in text form (e.g., letter, fax or e-mail) or by return of the case. The term begins at the earliest with the time to him the instruction in text form has been informed, not, nevertheless, before the day of the entrance of the product delivery. For the protection of the cancellation term the timely sending of the cancellation or the case is enough. The cancellation is to be directed to:
Werner-von-Siemens Str. 6
Sigma Technopark, Geb. 31o
Fax: + 49 (0) 821 2628651
The right of withdrawal passes accordingly §312 d paragraph 4 Civil Code, among the rest, not with contracts:
- for the delivery of the products which are made after customer specification or are cut unambiguously on the personal needs or are not suitable on account of her state for a return or can go bad fast or whose expiry date would be crossed,
- for the delivery of the data carriers of all kind which were unsealed by the consumer and already open consumption materials like inks or toners, consumption materials like batteries,
- for the delivery of newspapers, magazines
In case of an effective cancellation the achievements received on both sides are to be granted back and if necessary to publish pulled uses (e.g., interest). Is able to do the consumer the received achievement all or part not or only in made worse state to return, he has to do DEL-KO GmbH in so far as pay if necessary value compensation. With the assignment of goods this is not valid if the deterioration of the good is to be led back exclusively on their check - as she would have been possible possibly in the retail shop.
Package-dispatch ableering goods are to be sent back; not package-dispatch ableering goods are fetched with the consumer. The consumer has to bear the costs of the return if the delivered product of the ordered ones corresponds and if the price of the goods to be sent back does not exceed an amount of 40.00 EUR or if the consumer has produced the consideration or a by contract agreed hire-purchase with a higher price of the goods at the time of the cancellation not yet. Otherwise the return is free for the consumer.
Either the consumer gets to begin with a dispatch brand sent or the costs resulted in arrangement of the return together with the purchase price refunded. If the consumer does not use a dispatch brand sent to him for the return in DEL-KO GmbH, so an other allowance of the back end costs is not considered.
The allowance of the purchase price by DEL-KO GmbH occurs with entitled return immediately, at the latest however, within 10 days after back preservation of the product. Moreover the consumer has on time to announce his account connection at the latest with the return.
(We ask you, before a return for previous vote about the way of the return - thank you)
§ 4 Prices and additional costs
All prices are shown in EURO and show without exception final prices - i.e. they contain all price appurtenances including any additional taxes.
A correction of evident mistakes is the exclusive right of DEL-KO GmbH.
The legal value added tax is expelled apart, as far as the product is not defeated as an opportunity of the difference taxation after §25a paragraph 2 Turnover Tax Act or untill for other reasons, e.g., with commission businesses a separate identity card is excluded.
Prices do not include packaging, cargo, postage and insurance; these costs are calculated during order summary.
For customer beyond the EU is valid Gross immediately Net.
The customer is responsible for the proper import payment of duties and tariffs on his order.
The shipping of the product occurs against precash namely against advance referral to the account on time informed to the customer of DEL-KO GmbH. A personal collection of the product by the customer is considered only in isolated cases against bar payment and previous appointment arrangement.
§ 5 Payment terms
The right single payment kinds is left to exclude. The closer information to the accepted payment methods in the respective offer is decisive.
The customer obliges to himself to pay all amounts at the latest 10 days on receipt of the request for payment without deduction on the account informed to him; the entrance of the amount with DEL-KO GmbH is decisive. After fruitless expiry of the term the customer comes without other explanation of the shop assistant to default.
A consumer has to pay interest during the default on the debt at the rate of 5 percent points about the base interest rate sentence.
An enterpriser has to pay interest during the default on the debt at the rate of 8 percent points about the base interest rate sentence; indeed, keeps itself DEL-KO GmbH to prove before, a higher default interest damage and to assert.
The customer has a right to the compensation only if his counterclaims were ascertained legally or were recognized by DEL-KO GmbH. The customer can practice a right of retention only if his counterclaim is based on the same contractual relationship.
§ 6 Terms of delivery and Shipping terms
The delivery of the articles occurs basically on the dispatch way; a pickup by the customer by the customer is considered only in isolated cases after previous appointment arrangement.
The dispatch occurs if not exceptionally something else was expressly agreed, only against cash in advance.
The dispatch of the product to the customer occurs as far as possible within two working days after payment of the product. With entrance of the order becomes the product of DEL-KO GmbH for the customer books. If the payment does not occur within 10 days from contract end, keeps itself DEL-KO GmbH an other court order about the product before.
Partial order deliveries are allowed, in so far as they are agreed to by the customer.
If the customer has bought several products at an on-line auction within 12 hours, the articles are sent to the savings by forwarding expenses accumulatedly. Items exceeding five (5) kilograms in weight will be distributed over several packages according to weight.
Any delays in delivery will be communicated to the customer by DEL-KO GmbH no later than one (1) week after the shipping of the order.
The offers of DEL-KO GmbH are not-binding and depend on the selfsupply and availability of the product, provided that in particular cases expressly something else was not agreed in writing.
An impossibility of delivery or disregard of dates of delivery because of total or partial non-availability of the product entitles the customer to withdraw from the contract after a two (2) week contract-extension period. In this case further rights are not entitled to the customer.
§ 7 Retention of title
If the delivery occurs against cash in advance, the property goes over in the product in entire payment of the purchase price on the customer.
If the delivery does not occur exceptionally against cash in advance, the property goes over in the delivered product only in entire payment of the purchase price on the customer.
1. The customer is obliged to treat the product during the retention of title devotedly.
2. The customer is obliged during the retention of title to inform of an access of third to the product - e.g., in case of a seizure - as well as any damages or the destruction of the product the shop assistant immediately and to make available all information and documents which are necessary for the protection of the rights of the owner. Enforcement official or third are to be pointed out to the foreign property. The customer has to indicate a change of ownership of the reservation product as well as own residence change immediately.
With behaviour contrary to the terms of the agreement of the customer - in particular with default or in the case of the injury of a duty after figure 1. and figure 2. these regulations - is DEL-KO GmbH entitles to withdraw from the contract and to demand back the reservation product.
§ 8 Communication of damages in transit
Deliveries are to be checked in the presence of the delivery agent for damages in transit. In the case of externally recognizable damages in transit the customer undertakes to note this on the shipment papers and to obtain a signature from the delivery agent; the packaging is to be kept.
If partial or complete loss or damage is not recognizable externally, the customer will advise DEL-KO GmbH of this within forty-eight (48) hours after delivery in order that any claims can be made with the delivery company.
The customer becomes DEL-KO GmbH after the best forces support, as far as these claims are asserted compared with the concerning transportation company or a transport assurance.
If the customer has informed in the term of figure 1. this regulation that the product damages by mail or has got lost, becomes DEL-KO GmbH immediately claims for damages towards the cause announce or make investigation applications.
DEL-KO GmbH it is not obliged to carry out a spare delivery to the customer or to refund the purchase price to the customer, as long as the damage in transit is ascertained not unambiguously or the investigation procedure is not concluded yet.
§ 9 Guarantee
According to the legal regulations customers have only one right to subsequent performance in the case of defects of the delivered good basically first.
Consumers have in this respect the choice whether the subsequent performance should occur through finishing touches or spare delivery; DEL-KO GmbH nevertheless, it is entitled to refuse the kind of the elective subsequent performance if it is possible only with disproportionate costs and remains the other kind of the subsequent performance without considerable disadvantages for the consumer.
Compared with enterprisers performs DEL-KO GmbH for defects of the product first after own choice guarantee by finishing touches or spare delivery.
The customer is not entitled to remove a present lack immediately independently or to let remove by third (removed on one's own); any for it attacked expenditures are not refunded.
If the subsequent performance has missed, the customer can lower basically the reimbursement after his choice according to the legal prescriptions (decrease), the contract declining make (resignation), damages or substitute of vain expenditures require. If the customer chooses damages or asserts he vain expenditures, the restrictions of liability after "§10 liability" of these Conditions of Use.
The legal periods of warranty are valid.
DEL-KO GmbH gives information about the function and use of new products and used products as well as other technical information to the best knowledge and experience of DEL-KO GmbH; this does not concern a guaranty of quality for the product.
The return of a defective good occurs basically after previous vote with DEL-KO GmbH.
As a proof by the customer, the submission of a copy of invoice is sufficient.
§ 10 Liability
According to the legal regulations DEL-KO GmbH is not liable for any damages, injuries, bodily harm, health hazards or death which are based on a deliberate or negligent breach of duty of him or his agents as well as for other damages which are based on a deliberate or roughly negligent breach of duty as well as foul play of him or agents. In addition, DEL-KO GmbH sticks without limitation for the damages which are enclosed by the liability according to compelling legal prescriptions, as for example to the product liability law.
DEL-KO GmbH sticks for the damages which are caused by an easy carelessness, as far as the carelessness concerns the injury of such contract duties whose observance is for the reaching of the contract purpose of special meaning (cardinal obligations); nevertheless, besides, the liability limits itself to the predictable, immediate average damage typical for contract.
In case of slightly negligent injuries of inessential contract duties DEL-KO GmbH sticks towards enterprisers not; towards consumers the liability limits itself in these cases to the predictable, immediate average damage typical for contract.
A further liability is excluded without taking into consideration the legal nature of the asserted claim; among the rest, this is also valid for tortious claims.
If DEL-KO GmbH had to go the owed achievement on account of force majeure (in particular war and natural disasters) cannot produce, is DEL-KO GmbH for the duration of the obstruction releases from the achievement duty.
If DEL-KO GmbH is unable to deliver a product within four (4) weeks on account of force majeure, the customer is entitled to the resignation from the contract. In this case other rights are not entitled to the customer.
§ 11 Final regulations
It is worth the right of the Federal Republic of Germany. With the consumers who do not conclude the contract for occupational or commercial purposes this legal choice only in this respect, as the not lasted protection is valid by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.
The regulations of the agreement of the United Nations about contracts about the international product purchase (UN option to buy) from the 11th of April, 1980 are excluded.
If the customer has no place of general jurisdiction in Germany or the residence or the usual stay are not known at the time of the filing of an action, exclusive jurisdiction for all disputes from this contract is also the place of business of DEL-KO GmbH The competence to go also to the court in another legal jurisdiction remains untouched from this.
DEL-KO GmbH will follow all secrecy obligation-juridical requirements, in particular the default of the teleservice Data Protection Act, and treat all customer data confidentially. Insert here your information about private sphere and secrecy obligation.
Augsburg, den 10.02.2008
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