| General Terms and Conditions Art Worx Merchandising AG |
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The basis for business relations between Art Worx Merchandising AG and the customer are the prevailing general terms and conditions. Art Worx Merchandising AG carries out the order on the basis of the following general terms and conditions. The conditions effective at the time of the order are to be applied. Art Worx Merchandising AG does not accept other conditions stated by the customer unless Art Worx Merchandising AG has given explicit written consent to do so. §1 conclusion of contract in case of order The contract besomes only effective if Art Worx Merchandising AG accepts the order. The confirmation of receipt of the order does not cause a conclusion of contract. Art Worx Merchandising AG asks the customer to check the order confirmation for ovious spelling mistakes or miscalculations and for deviations between order and confirmation. The customer is obliged to inform Art Worx Merchandising AG immediately of any differences. If such differences occur, Art Worx Merchandising AG is entitled to withdraw from the contract. If the case should arise the merchandise is not available during a considerable time span due to data mistakes and Art Worx Merchandising AG cannot process the order or cannot process the order on base of the given data, Art Worx Merchandising AG reserves the right to withdraw from the contract, too. §2 Power of Revocation The customer is entitled to revoke his declaration of intention directed at a completion of the contract within two weeks after receipt of the merchandise. For the observance of the deadline, it is enough to send either the revocation or the merchandise to Art Worx Merchandising AG, Südfeld 5, 59174 Kamen, on time. The customer has to prove the dispatch and receipt of the merchandise to be returned. The customer may remove the packaging from the merchandise to check it for defects. In case of any further use, Art Worx Merchandising AG reserves the right to charge the customer for decrease in value and the value of use. If the customer has already paid the purchase price, Art Worx Merchandising AG is entitled to subtract the decrease in value from the repayment. In individual cases, the decrease in value may tally with the purchase price. Art Worx Merchandising AG reserves the right not to reimburse the customer for the costs of return in case the value of the order is under EUR 30,00 unless the delivered merchandise does not correspond with the ordered mechandise. In case of revocation, Art Worx Merchandising AG reimburses the customer for the already paid purchase price if necessary. If Art Worx Merchandising AG has paid any costs of return, these are subtracted if necessary. If the repayment is made to a customer abroad, the costs of transfer are subtracted, too. §3 Terms of Delivery Art Worx Merchandising AG delivers the ordered merchandise on behalf and on account of the customer by either Deutsche Post AG or another delivery service engaged by Art Worx Merchandising AG. Art Worx Merchandising AG states the following costs separately on the invoice: shipping charges, postage expenses, and packaging costs. Additional delivery charges for partial deliveries are paid by Art Worx Merchandising AG. Place of performance is our delivery warehouse. Statements concerning delivery deadlines are not binding unless the customer has been assured a binding delivery day which would be an exception. The bank particulars of Art Worx Merchandising AG: Städtische Sparkasse Kamen BLZ 443 513 80 Kto. 44735 §4 Terms of Payment and Reservation of Proprietary Rights The delivered merchandise is property of Art Worx Merchandising AG until completely paid. The purchase price is due on receipt of the merchandise. Art Worx Merchandising AG is entitled to withdraw from the contract if the customer falls behind with a payment. §5 Liability in Case of Defects A warranty obligation is effective if the delivered merchandise has defects. In this case, the customer may choose between the remedy of defects or a replacement of merchandise. If Art Worx Merchandising AG denies the fulfilment of contract once and for all or the remedy of defects or the replacement have failed, the remedy of defects is not reasonable for Art Worx Merchandising AG, or Art Worx Merchandising AG has denied it according §439 par.3 BGB (German law) due to excessively high costs, the customer may withdraw from the contract according the legal regulations, or reduce the purchase price, or demand compensation instead of the aforementioned services. The period of limitation for a warranty claim regarding the delivered merchandise is two years from the time of delivery. §6 Data Protection Art Worx Merchandising AG processes and stores the customer´s personal data taking the Federal Data Protection Act and the information- and communication service-law (all mentioned laws are effective laws of The Federal Republic of Germany) into account. §7 Liability Art Worx Merchandising AG is liable unlimited for compensation of culpable damages due to intentional or gross negligence by Art Worx Merchandising AG or its vicarious agents. In case Art Worx Merchandising AG has guaranteed a special quality of the merchandise, the ability to procure it, or has agreed to any other guarantee, it is liable for damages caused by nonfulfilment of such a guarantee referring to the regulations of the product liability law or other obligatory legal liability regulations. In case of minor violation of substantial contractual obligations, Art Worx Merchandising AG is liable for unexpected damages to an extent typical of a contract which is usually tallying with the purchase price of the ordered merchandise. A more extensive liability is inapplicable . The legal periods of limitation are effective. Aforementioned regulations are to be applied to all claims for damages no matter on what legal basis, especially liability to wrongful acts. Address for service: Art Worx Merchandising AG Südfeld 5 59174 Kamen Register of companies: Amtsgericht Kamen, HRB 1230 chairman of the board: Stefan Matuschek authorized signatories: Elke Schwartejäger sales tax identification number: DE 813442083 §8 Final Regulations German law is in force, excluding UN-sales law, even if the order origins from abroad or the merchandise is delivered abroad. If the customer´s residence or permanent address is abroad, court of jurisdiction is Kamen for all claims regarding the order. Art Worx Merchandising AG is entitled to sue the customer at his place of general jurisdiction, too. The customer is only entitled to claim set-off or reduction if his counterclaims were identified legally valid or Art Worx Merchandising AG has accepted them in written form. The customer is only entitled to retention if the claims base on the same contract. If one ore more clauses of these terms should become partially or totally void, that does not affect the remaining regulations. Kamen, October 2002 |
all prices include the legal VAT, if not differently announced. Additional shipping or payment method costs can result.
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