Conditions of use
This translation is purely informative. Validity has only the German version.
General Conditions of use
For the Internet shop of the company Printersupply, EDV and More, owner M. Tratz, Heimstraße 11, 63743
§1 General and area of application
(1) The following general terms of business count to all business connections between us and the customer. The version valid to the contract is decisive in each case.
(2) Enterprises for the purposes of the terms of business are natural or juridical persons or having legal capacity personal societies with whom is linked in business connection and in exercise of a commercial or independent professional activity act.
Customers for the purposes of the terms of business are consumers as well as enterprisers.
(3) Divergent, standing in the way or complementary general conditions of use become, even with knowledge contract component, unless, her validity is not expressly agreed.
§2 contract conclusion
(1) Our offers are not-binding. Technical ones as well as changes in form, colour and/or weight are left within the scope of the reasonable.
(2) With the order the customer explains obligingly his contract offer. We will immediately confirm the access of the order of the customer. This obligation does not exist compared with enterprise. The access confirmation still shows no obliging acceptance of the order. The access confirmation can be connected with the notice of acceptance.
(3) We are entitled to accept the contract offer lying in the order within three working days after entrance.
We are entitled to reject the acceptance of the order – possibly after check of the credit rating of the customer.
(4) The contract conclusion occurs under the reservation not to perform in case of not more properly or not proper self supply, or only partially. This counts only to the case that the non-delivery is not to be represented by us, in particular by end of a congruent covering transaction with our supplier.
In case of the non-availability or the only partial availability of the achievement the customer is immediately informed. In that case the consideration is immediately refunded.
(5) The contract text is stored by us and is sent to the customer together with the legal-efficiently included Terms and Conditions of use by e-mail after contract conclusion.
§3 retention of title
(1) With consumers we reproach ourselves with the property of the product up to entire payment of the purchase price.
At enterprise we reserve ourselves the property in the product up to settlement of all demands from a running business connection.
(2) The customer is to be treated obliged the product devotedly. The customer is obliged to inform us of an access of a third party to the product, possibly in the case of a distrait, as well as other damages or the destruction of the product immediately. The customer has to indicate a change of ownership of the product as well as own residence change us immediately.
(3) We are entitled to withdraw with behaviour contrary to the terms of the agreement of the customer, in particular with default or by injury of a duty after paragraph 2 of this regulation from the contract and to demand back the product back.
(4) The enterpriser is entitled to resell the product in the well-arranged commercial way. He already resigns to us now all demands by value of the invoice amount which arises by the wide disposal against a third party. We accept the cession. After the cession the enterpriser is authorised for the collection of the demand. We reserve ourselves to draw the demand independently, as soon as the enterpriser to his bills of debt follows not properly and gets in default.
§4 right of return
(1) The consumer has the right to return the product within two weeks after entrance. The right of return can be exercised only by return of the product or if the product cannot be dispatched as a parcel by taking back desire; for the term protection the timely sending is enough.
(2) The costs of the return carries on exercise of the right of return with an order value up to 40 € of the consumers, unless, the delivered product does not correspond to the ordered product. The consumer does not have to carry the costs of the return on an order value more than 40 €. This does not count for enterprisers.
(3) The consumer has to remunerate the value substitute with one by the designated putting into use of the product resulted deterioration. The consumer may check the product carefully. The consumer has to carry the depreciation which leads by the use going out the check to the fact that the product cannot be sold as new. In particular with wrapped products the opening of the packaging leads to deterioration.
§5 reimbursement
(1) The offered price is binding. It is worth the respective current price. The offered price on the special auction limited counts to the case of special offers.
(2) The prices are net prices (plus of the legal value added tax).
(3) The forwarding expenses attack it according to §6 of these regulations.
Costs for packaging are included in the forwarding expenses.
(4) To the customer no additional costs originate from use of the distant communicative devices.
(5) The customer has the right to the compensation only if his claims were ascertained legally or were recognised by the Tratz Handelsgesellschaft.
(6) The customer can exercise his retention right only if his counterclaim from the same contractual relationship is based.
§6 payment possibilities and forwarding expenses
(1) The customer can perform the price cash on delivery, banktransfer, LUUPAY or pre-cash, as soon as installed also via Pay Pal. Continuance customers can also pay after credit investigation by calculation. We reserve ourselves to exclude single payment kinds.
With the dispatch kind Cash on delivery the customer pays directly at the dispatch enterprise.
(2) For the dispatch within 4.95 € result on payment by pre-cash inclusively, for other countries and the German outer areas see under Shipping & Return of the costs via General Logistics Systems. On payment cash on delivery, result 4.95 € plus 6.00 € COD charge of the United Parcel Services.
From a net order value more than 100 € / 500 € in foreign countries we deliver Free of forwarding costs. With cash on delivery, a COD charge of 6.00 € results in addition.
(3) The dispatch occurs as a standard parcel. The parcels are insured according to the regulations of the United Parcel Services or GLS and by this value.
(4) If the customer refuses the acceptance of the product without product to have cancelled, the customer carries them up to now resulted costs plus 15% of the goods value.
§7 delivery
(1) Product which is in the camp comes within 3 working days for the dispatch.
On payment by pre-cash the dispatch occurs when the payment on our account is credited.
(2) If the product is not in stock with order, we will immediately order the product, inform the customer immediately about it and inform this of the prospective date of delivery.
Concerning the reservation of proper self supply we expel on §2 paragraph 4 of these regulations.
Terms of delivery and dates of delivery count only as agreed, if we have given over here expressly a written assent as obliging to the customer.
§8 transfer of perils
(1) With consumers the danger of the accidental setting and the accidental deterioration of the sold product also go over by sending purchase in the crossing of the product on the consumer.
(2) At enterprise the danger of the accidental setting and the accidental deterioration of the product passes over certain person or institution in the handing over, by the sending purchase with the delivery of the product to the forwarding agent, the carrier or, otherwise, for the execution of the sending.
(3) It is on a par with the handing over if the customer is in the delay of the acceptance.
§9 guarantee
(1) Consumers have the choice whether the subsequent performance by finishing touches or spare delivery should occur. We are to be refused entitled 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.
At enterprise we perform for defects of the product at first after our choice by finishing touches or spare delivery.
(2) If the subsequent performance misses, the customer can require lowering of the reimbursement (decrease), cancellation of the contract (resignation) or damage substitute after the achievement basically for his choice. If the customer chooses compensation instead of the achievement, the restrictions of liability count according to §10 paragraph 1 and 2 of these regulations. With only slight defects no right to rescind is entitled to the customer.
(3) Enterprisers must indicate us evident defects within a term of one week from receipt of the product in writing. The enterprises have to examine the product immediately after receiving. Otherwise the assertion of the guarantee claim is excluded. For the term protection the timely sending is enough. The full burden of proof meets the enterpriser to all claim conditions, in particular for the lack, for the time of the statement of the lack and to the timeliness of the fault rebuke.
(4) If the buyer is an enterpriser, only the product description of the manufacturer counts as a state of the product basically as agreed. Public statements, recommending or advertisement of the manufacturer shown besides, no state according to contract of the product.
(5) The guarantee term for consumers amounts two years from delivery of the product. With used things the guarantee duty amounts a year from delivery of the product. The guarantee term for enterpriser amounts a year from delivery of the product. The one-year-old guarantee term does not count if a coarse fault is accuse able as well as in case of body damages attributable to us and health defects and with loss of the life of the customer. Our liability according to the product liability law remains untouched from this.
(6) The customer does not receive guarantees in the legal sense by us. Manufacturer's guarantees remain untouched from this.
§10 liability
(1) By slightly careless duty injuries the liability limits itself to the predictable, immediate average damage typical for contract. This also counts by slightly careless duty injuries of our legal representatives or fulfilment assistant. Compared with enterprise we do not stick by slightly careless injury of inessential contract duties.
(2) The preceding restrictions of liability do not concern claims of the customer from product liability. Further the restrictions of liability do not count with input able body damages and health defects or with loss of the life of the customer for us.
(3) As far as we allow the access to other web pages with links, we are not responsible for the foreign contents contained there. We do not adopt the foreign contents. Provided that we receive knowledge from illegal contents on external web pages, we will immediately close the access to these web pages.
§11 data protection
According to §28 of the federal data protection act (BDSG) we draw the attention to the fact that the data necessary within the scope of the commercial winding up are processed by means of an EDP arrangement according to §33 (BDSG) and are stored. Personal data are treated of course confidentially. Our data protection practise stands in the harmony with the federal data protection act (BDSG) and the Teledienstgesetz (TDDSG).
Personal data are asked exclusively for the winding up of the order, unless the customer wishes additional service services.
The customer can obtain any time a deletion of his data.
The customer can require any time free of charge information above the state of his stored data (email: info@xn--edv-zubehr-shop-htb.de.de).
Their data are not transmitted for the purpose of the advertisement or market research or public opinion poll!
§12 change of the general conditions of use
(1) We keep ourselves before these general terms of business any time under protection of an adequate announcement term of at least two weeks to change. The announcement occurs through publication of the changed general conditions of use under information of the time of the introduction on the web page www.speicher-medien.de. Contractual customers are informed about changes of the general terms of business in writing or by e-mail.
(2) If the customer does not contradict within two weeks after publication or sending of e-mail, the changed general terms of business count as accepted. In the announcement of the change it is pointed out separately to the meaning of the 2-weekly term.
§13 final regulations
(1) Exclusively German right is applicable. With the consumers who do not conclude the contract for professional or commercial purposes this legal choice only in this respect, as the not lasted protection counts by compelling regulations of the right of the state in which the consumer has his usual stay, is took away. The regulations of the UN right find no application.
(2) Provided that the other party is a businessman, juridical person of the public right or publicly juridical special property, becomes for all disputes which arise from or in connection with the present contract which agrees on place of business of P-E-M as an exclusive legal venue. The same counts if the other party has no general legal venue in or residence or usual stay are not known at the time of the complaint elevation.
(3) Should single regulations of this contract be ineffective or lose the effectiveness by a later entering fact, the effectiveness of the contract remains, for the rest, untouched. Instead of the ineffective clauses of a contract steps a regulation which comes most near him what the parties to a contract would have wanted, provided that they had roofed the concerning point. The corresponding counts to gaps of this contract.
Last changes: 15/02/2008
