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General Terms and Conditions of MeerschaumPfeifen.com
Art. 1 Applicability
(1) The present General Terms and Conditions shall apply to all business relations between
MeerschaumPfeifen.com - Bülent Altuntas, and ist customers.
(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the
customer or conditions differing from those indicated in our General Terms and Conditions cannot
be accepted, unless approved of by MeerschaumPfeifen.com in writing in individual cases.
Art. 2 Formation of Contract
By sending an order to MeerschaumPfeifen.com, the customer offers to conclude a contract.
MeerschaumPfeifen.com can accept such an offer within two weeks by sending a message
confirming the offer (by e-mail) or by delivering the ordered goods within this term.
If individual information on the range of products on the web site is faulty, MeerschaumPfeifen.com
shall inform the customer separately after receipt of the order
and submit an appropriate counter-offer to him.
Art. 3 Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention to conclude a contract
within 1 month after receipt of the goods by returning the goods to MeerschaumPfeifen.com.
To comply with this term, it is sufficient to dispatch the goods in time.
(2) The charges for the return of the goods of up to EUR 40,- shall be the responsibility of the
customer.
(3) In the case of withdrawal, MeerschaumPfeifen.com shall refund the purchase price, if already
paid, to the customer. The return charges paid by MeerschaumPfeifen.com will be deducted from the
purchase price. With refunds to foreign countries, the transfer fee will be deducted as well.
(4) In the case of a considerable deterioration in the quality of the goods or in the case of loss, the
customer shall make good the corresponding reduction in value or loss to MeerschaumPfeifen.com
if he withdraws his order. If the customer has already paid the purchase price,
MeerschaumPfeifen.com shall be entitled to deduct the reduction in value from the amount
repayable.
Art. 4 Delivery of Ordered Goods
MeerschaumPfeifen.com shall deliver the ordered goods to the address indicated by the customer in
the order as soon as possible.
Art. 5 Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain the
property of MeerschaumPfeifen.com
Art. 6 Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made either by direct debiting (only in Germany), by cheque or money order.
MeerschaumPfeifen.com shall act in accordance with the customer’s wishes regarding the mode of
payment.
Art. 7 Warranty of Quality
(1) MeerschaumPfeifen.com shall be liable for any defects existing upon delivery of the goods for
the statutory warranty period.
(2) The customer is faced with the choice between MeerschaumPfeifen.com`s subsequent
performance in the form of repair or replacement. We are entitled, however, to refuse the type of
subsequent performance chosen by the customer if disproportionately high costs are associated with
such type of performance and if no substantial disadvantage ensues to the customer from the other
type of subsequent performance. During the period of subsequent performance, the reduction of the
purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent
performance shall be deemed a failure after the second unsuccessful attempt, unless something else
follows from the nature of the matter or defect or from other circumstances. If the subsequent
performance has failed or if we have refused the subsequent performance altogether, the customer
can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the
contract.
(3) The customer cannot claim damages for the defect on the following conditions until the
subsequent performance was a failure or we refused any subsequent performance. The right of
the customer to claim any further damages on the following conditions shall remain unaffected.
(4) We shall also be liable for damages caused by slight negligence, provided that such negligence
concerns the infringement of contractual obligations the fulfilment of which is of particular
importance for the attainment of the contract`s purpose (cardinal obligations). We shall only be
liable, however, if the damages are typically related to the contract or foreseeable. In the event of
infringements of non-substantial secondary obligations caused by slight negligence, we shall not be
liable. The restrictions on liability mentioned in sentences 1-3 shall also apply as far as the liability
for the legal representatives, executive staff and other vicarious agents and assistants are concerned.
(5) Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim.
In so far as our liability is excluded or limited, this shall also apply to the personal liability of our
staff, representatives, vicarious agents and assistants.
Art. 8 Privacy
All personal information of our customers will be treated confidentially. These information shall
only be stored and processed to such extent as permitted by the customer and in strict observance of
relevant rules and regulations, such as the Federal Data Protection Act or the Information and
Communication Service Act. The transfer of such information to third parties who are neither
involved in the performance of the contract shall be excluded.
Art. 9 Final Provisions
(1) These General Terms and Conditions are governed by the laws of the Federal Republic of
Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the
International Sale of Goods).
(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as
such nor the validity of these General Terms and Conditions.
Bülent Altuntas
MeerschaumPfeifen.com |
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