General Terms of Sale, Delivery and Payment
§ 1 Validity of the terms and conditions, written form, invalidity of individual terms and conditions
1.1. We deliver the goods ordered by you from us by using the General Business Terms listed below as a basis.
1.2. All agreements, which are reached between us and the customer for the purpose of executing this contract, are recorded in writing in this contract.
1.3. The invalidity of individual terms and conditions shall have no effect on the validity of the other terms and conditions; the same shall apply if individual terms and conditions are not applied. All agreements which are reached between us and the customer for the purpose of executing the contract, are to be recorded in writing.
§ 2 Conclusion of the contract, validity of German law
German law shall apply under the exclusion of the UN Convention on the International Sale of Goods, even if these are ordered from overseas or are delivered overseas. If the customer has its place of residence or customary place of stay overseas, Straubing is the place of jurisdiction for all claims in connection with the order. We are entitled to also file an action at the general place of jurisdiction of the customer. The statutory regulations shall apply to customers based in Germany.
§ 3 Right of return
3.1. You can return your order within 14 days after receipt of the delivery without any reasons and at own costs and risks to
The timely despatch of the delivery or the written notification or notification by telephone of your wish to return the goods is sufficient to safeguard the deadline. If you exercise your right of return within 14 days after receipt of the goods the purchase contract will cease to apply.
3.2. In the event of the return we shall reimburse you already made payments after the delivered goods have been returned.
3.3. In case of damages through improper operation or faulty packaging with the return shipment we reserve the right to assert claims for compensation. This shall not apply if the deterioration of the goods is exclusively a result of their inspection – as for example would have been customary in a store. Incidentally you can avoid the obligation for reimbursement of value by not using the goods as an owner and refrain from doing everything which impairs their value.
§ 4 Instructions for revocation
You can revoke your contractual declaration within 14 days without stating any reasons in a text form (e.g. letter, fax, e-mail) or by returning the object. The deadline shall begin after receipt of these instructions in a text form, however not before the receipt of the goods by the recipient. The timely sending of the revocation or the object is sufficient in order to safeguard the deadline for revocation.
The revocation is to be directed at:
Consequences of revocation
In the event of an effective revocation the benefits received by both parties are to be refunded. You only have to reimburse the value for the deterioration of the object and for drawn benefits insofar as the benefits or the deterioration is a result of a handling of the object, which goes beyond the examination of the properties and the method of functioning. To be understood under “examination of the properties and the method of functioning” is the testing and trying of the respective goods as possible and customary for example in a store. Objects which are capable of shipment as parcels are to be returned at own risk. You have to bear the regular costs for the return shipment. Obligations to reimburse payments must be satisfied within 30 days. The deadline shall begin for us with their receipt.
End of the instructions for revocation
§ 5 Reservation of title; offsetting; right of retention
5.1 With consumers we reserve the property to the purchased object until the full payment of the invoice amount. If you are an entrepreneur while performing your commercial or independent professional activity, a legal entity under public law or special assets under public law we reserve the property to the purchased object until the compensation of all still outstanding claims from the business relationship with the orderer. The corresponding security rights are transferrable to third parties.
5.2 You will only be entitled to a right to offsetting if your counter-claims have been determined final and binding or have been undisputed or recognised by us. In addition, you shall only have a right of retention if and insofar as your counter-claim is based on the same contractual relationship.
5.3 If the customer is in default towards us with any payment obligations then all existing claims will be due and payable immediately.
§ 6 Payment / prices / shipment costs
6.1 Purchase against invoice
When purchasing against invoice the invoice amount is due and payable on the calendar day stated in the invoice.
6.2 In case of order by cash on delivery additional processing fees will be charged by the service companies in the amount of currently Euro 4.- (Austria / Switzerland Euro 5.-).
6.3 The stated purchase prices are deemed including the applicable rate of value added tax, currently 19 %. Shipment costs will be incurred for the shipment of the ordered goods insofar as not otherwise determined. The shipment costs for insured shipment are Euro 7.00 within Europe.
§ 7 Warranty / liability
The statutory regulations shall apply.
The European Comission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the oppertunity to use this platform to resolve their disputes.