of Business of the Online Shop General Terms and Conditions Data sheet Stand 2015

Transcription

1 Stand 2015 Data sheet

2 of X-CEN-TEK GmbH & Co. KG (XCT) Stand: 2015/10 1 General All services provided to the customer on the basis of an order via the online shop of X-CEN- TEK GmbH & Co. KG (XCT), take place exclusively on the basis of the following General Terms and Conditions of Business. Deviating provisions apply only if they have been agreed individually between XCT and the customer. 2 Conclusion of Contract (1) The offers of XCT s online shop on the internet represent a non-binding invitation to the customer to order goods from the online shop. (2) By ordering the desired goods on the internet, the customer submits a binding offer to conclude a contract of sale. (3) XCT promptly confirms receipt of the order, at the latest 1 working day after receipt of the order. This order confirmation as well as receipt of a telephone order do not represent a legally binding acceptance by XCT. Acceptance of the offer by us only takes place by XCT bringing the goods for dispatch to the customer. 3 Note on the Right of Revocation Right of Revocation You have the right to revoke this contract within fourteen days without giving a reason. The revocation period amounts to fourteen days from the date on which you or a third party other than the carrier named by you, took possession of the goods. In order to exercise your right of revocation, you must notify us X-CEN-TEK GmbH & Co. KG Westerburger Weg Wardenburg info@pax-bags.de Phone: + 49 (0) Fax: + 49 (0) via an unambiguous declaration (e.g. through a letter sent by post, fax or ) of your decision to revoke this contract. You can use the enclosed standard revocation form to do this;

3 however, this is not compulsory. You can also complete the standard revocation form or another unambiguous declaration on our website ( and send it electronically. If you make use of this choice, we will immediately send (e.g. by ) you confirmation of the receipt of such a revocation. The despatch of the notice of your exercise of the revocation prior to the expiration of the revocation period will be sufficient for compliance with the revocation term. Consequences of the Revocation If you revoke this contract we must reimburse you all payments that we have received from you, including the delivery costs (with the exception of ancillary costs incurred through you choosing a type of delivery other than the most advantageous standard delivery offered by us) without delay and by the latest within fourteen days from the date on which the notification of your revocation of this contract was received by us. For this reimbursement, we will use the same means of payment which you used in respect of the original transaction, unless something different was agreed with you; in no case will we charge you a fee for this reimbursement. We can refuse reimbursement until we have received the goods back, whichever is the earliest. You must return or surrender the goods without delay and in any case by no later than within fourteen days from the date on which you notified us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiration of the period of fourteen days. You will bear the costs of returning the goods. You must only pay for any loss of value in the goods if this loss of value is due to other than what is necessary to ascertain the condition, nature and functioning of the goods. 4 Payment, Retention of Title (1) All prices given are gross in euro and include applicable Value Added Tax. Transportation costs are not included and will be indicated separately. The prices valid on the order date will apply. (2) Until payment has been made in full, the goods delivered remain our property (retention of title under 158, 449 German Civil Code [BGB]). The customer must inform us immediately of a third party s enforcement measures and provide the necessary documents for intervention; this also applies to impairments of any type. Notwithstanding this, the customer must point out beforehand the rights existing in the goods to the third party. 5 Guarantee, Liability for Defects (1) If supplementary performance ensues through replacement delivery the customer is obliged to return the initially delivered goods within 30 days to us at our expense. The return of the defective goods must take place in accordance with the statutory provisions.

4 (2) The statutory claims for defects of the customer as well as any claims under a manufacturer s guarantee remain unaffected. 6 Final Provisions (1) German law applies to the exclusion of conflict of laws provisions and the UN Convention on the Sale of Goods. (2) If the customer is a business person and the business relationship with XCT is attributable to conducting his or her commercial enterprise, XCT can sue the customer at XCT s place of business or in another competent court. The same applies to a legal entity under public law and a special fund under public law. XCT can be sued by such a customer only in the court in whose district XCT has its place of business. (3) If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes under this contract is our place of business. (4) If an individual provision or several of the above provisions are ineffective or unenforceable, this ineffectiveness does not affect the other provisions.

5 Standard Revocation Form If you want to revoke the contract, please complete this form and return it to us at An X-CEN-TEK GmbH & Co. KG Westerburger Weg Wardenburg Fax: + 49 (0) I/we herewith revoke the contract concluded by me/us on the purchase of the following goods/provision of the following services: (Name of the goods, if applicable, order number and price) Goods ordered on: Goods received on: Date Date Name and address of the consumer: Date Customer s signature (only for written revocation)

6 X-CEN-TEK GmbH & Co. KG Westerburger Weg Wardenburg Deutschland / Germany Tel./Phone: +49 (0) Fax/Fax-No: +49 (0) info@pax-bags.de