Translation of the German original:
The terms and conditions of this agreement apply to all purchase agreements entered into between
KATTER (www.hello-my-name-is-stickers.com)
Richardstr. 18
45661 Recklinghausen
Germany
(henceforth “Service Provider” or “we”) and our customers (henceforth “Customers” or “you”), through the online shop of the Service Provider.
§ 1 Scope and Definition of Terms
(1) The following General Terms and Conditions, in the form applicable at the time the order was placed, shall apply exclusively to the business relationship between the Service Provider and the Customer.
(2) The Customer is a consumer, as long as the purpose of the delivery and payment cannot be considered to form part of his/her commercial or independent occupational activity. However, a contractor refers to any natural or legal person or incorporated partnership that, in entering into an agreement, acts in exercise of his/her commercial or independent occupational capacity.
§ 2 Entry into an Agreement
(1) The Customer may select products from our range and deposit these in a so-called “Shopping Cart” by clicking on the button labelled “order”. By clicking the button “confirm order” the Customer submits a binding request to purchase the products that have been deposited in the Shopping Cart.
(2) Before submitting the order, the Customer may, at any time, amend, view and correct the details provided by him/her. The request may, however, only be submitted and transferred when the Customer has accepted the terms and conditions of this agreement by clicking on the Button “I accept your general business and supplying-conditions”, thereby accepting the Terms and Conditions in his/her request.
(3) The Service Provider will, after this point, send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order will once again be displayed, and which can be printed by the Customer via the function “print”. The automatic confirmation of receipt documents only receipt of the order by the Service Provider, and implies no acceptance of the request. The agreement becomes valid only when the Service Provider issues an order confirmation, which shall be sent in a separate email. Should the Service Provider implement the order within 10 working days of receipt of the order, no order confirmation shall be required.
(4) The object(s) of the delivery or payment are the products and services offered by us and ordered by the Customer. Unless otherwise stated in the offer in question, the forms and prices apply to the particular articles offered, and not to any depicted accessories or decorations.
(5) We shall be entitled to withdraw from the agreement in the event that we, due to circumstances beyond our control, should be unable to deliver the products ordered, as a result of our supplier not fulfilling his/her obligations to us. However, this entitlement to withdrawal only arises in the event that we have entered into a matching cover transaction (binding, timely and sufficient ordering of products) with the supplier, and are not liable for the non-delivery in any other manner. In such an event, we shall immediately inform the Customer of the non-availability of the product. Any remuneration already received from the Customer shall be immediately repaid.
(6) The language of the agreement is German.
§ 3 Reservation of Title
The delivered products remain our property until all contractually stipulated payments have been made; in the event the Customer is a legal person under public law, special fund under public law, or a contractor acting in exercise of his/her commercial or independent occupational capacity, furthermore, this shall also be the case on the basis of the current business relationship until all contractually stipulated payments have been made.
§ 4 Prices and Postage and Packing
(1) Our prices are inclusive of statutory VAT at the applicable rate, exclusive of postage and packing.
(2) The Customer will be informed of the cost of postage and packing for every order, and shall be liable to bear such costs.
(3) Products will be sent by mail.
§ 5 Payment
(1) The Customer may make payment according to any of the payment methods intended for the offer in question.
(2) Payment of the purchase price is due immediately on entry into the agreement, and must be received by us within 7 calendar days.
(3) It is the Customer’s responsibility to ensure that the necessary funds are available in his/her account. In the event of a return debit note resulting from inadequate funds, the Customer shall be liable to compensate us for any damages arising.
(4) The Customer’s liability to pay interest on delayed payments does not exclude the levying by the Service Provider of other damages on delayed payments.
(5) The Customer’s right of offset exists only in the event that his/her counterclaims are acknowledged by us and are legally determined. The Customer is only entitled to exercise right to retention to the extent that his/her counterclaim is based on the same contractual relationship.
§ 6 Passing of Risk
(1) As concerns consumers, the risk of accidental destruction or deterioration of the purchase items, in accordance with legislation, shall pass to the customer only when the purchase items have been delivered to the Customer.
(2) In the event the Customer trades as a contractor, the following applies: Delivery is ex warehouse. The risk of accidental destruction or deterioration of the products shall pass to the Customer no later than the time of delivery of the goods to the Customer. However, in the case of sale to destination, the risk of accidental destruction or deterioration of the products and the risk of delay shall pass to the Customer at the time at which the goods are handed over to the forwarder, carrier, or other person or agency carrying out the delivery of the products.
(3) In the event the Customer is in default of acceptance, culpably breaches other duties to cooperate, or otherwise delays delivery, for reasons for which the Customer is responsible, we shall be entitled to demand compensation for any losses thereby suffered by us, including any extra expenses (e.g. warehouse and transport costs).
§ 7 Warranty
(1) Warranty claims regarding used objects delivered by us are valid for one year from transfer to the Customer. As concerns contractors, the period of validity of warranty claims is one year for objects delivered by us. In addition, we provide guarantees regarding defective merchandise in accordance with the applicable statutory regulations, in particular article 434 ff German Civil Code.
(2) Our responsibility, according to Clause 8 of these General Terms and Conditions, particularly regarding compensation claims by the Customer resulting from loss of life, bodily injury, or from damage to material contractual obligations, for damages in accordance with the German Product Liability Act, as well as for any assumed guarantees, does not take into account the restrictions in Clause 1 above.
(3) Warranty claims by merchants assume that such merchants have acted in compliance with their statutory examination and notification duties (artilcles 377, 381 German Commercial Code (HGB)).
(4) A guarantee regarding products delivered by us is only valid when expressly stated in the order confirmation for the article in question. Any manufacturer’s guarantees are not affected.
(5) Any complaints or warranty claims should be sent to the Service Provider’s address, as provided below.
§ 8 Obligations
(1) The Customer may not claim compensation except in the case of those damages to life, limb or health in which the Service Provider can be shown to be in breach of duty or other damages that are due to a deliberate or grossly negligent breach of the obligations normally contained in such an agreement. Contractual obligations are those obligations which must be fulfilled, in order for the objectives of the agreement to be fulfilled, and upon compliance with which the Customer may rely. In the event of breach of contractual obligations, the Service Provider is only liable for contractual, foreseeable damages, in the case that these are the result of gross negligence, excepting cases involving compensation claims by the Customer arising from damages to life, limb and health.
(2) Limitations to section 1 of this clause are also applicable to legal representatives and agents of the Service Provider, in the event that claims are directed against them.
(3) The provisions of the German Product Liability Act, as well as our obligations regarding any assumed guarantees, remain unaffected.
§ 9 Right of Cancellation
Notice of right to cancellation
The Customer may cancel the order without cause, within 14 days, in writing (eg. letter, fax, e-mail) or, should the products be delivered within the cancellation period, by returning the item. The cancellation period shall commence upon receipt of this notification in writing, however not before receipt of the goods by the Customer (in the event of a recurring delivery of similar goods, not before receipt of the first instalment thereof) and not prior to the fulfilment of our information obligations pursuant to article 246 section 2 of the German Civil Code, in conjunction with article 1 section 1 and 2 of the Introductory Act to the German Civil Code as well as our obligations according to article 312e section 1, sentence 1 of the German Civil Code, in conjunction with article 246 section 3 of the Introductory Act to the German Civil Code. The cancellation period shall be deemed observed if the goods are returned or notice of cancellation is given within this period. Notice of cancellation should be addressed to:
KATTER (www.hello-my-name-is-stickers.com)
Richardstr. 18
45661 Recklinghausen
Germany
email: info@hello-my-name-is-stickers.com
Effects of cancellation
In the event of a successful cancellation, any products already received must be returned, and any benefits received (e.g. interest) reimbursed. Should you be partially, or fully, unable to return the products, or only be able to return them in a deteriorated state, you shall be liable to compensate us for any loss in value. This does not apply to the supply of products in which the deterioration of the product results exclusively from such inspection of the product as would have been possible in a shop. For deterioration due to appropriate handling of the product, no liability for compensation for loss in value is necessary. Products suitable for shipment may be returned at our risk. You must bear the cost of return postage if the delivered products are equivalent to those ordered, if the price of the returned products does not exceed an amount of EUR 40, or in the case of a higher value, if the customer has not provided the payment or a partial payment in accordance with the agreement at the time of the cancellation. In other cases, the Customer is not liable to pay return postage. Goods which are not suitable for shipment will be picked up at the customer’s location. Reimbursement obligations must be fulfilled within 30 days. For the Customer, this period commences upon postage of your cancellation notification, or of the product, for the Service Provider, upon receipt thereof.
End of the notice of right to cancellation
Products should be returned in their original packaging, or in a rigid cardboard box, in the case this is not a prerequisite for the exercise of your right to cancellation. The right to cancellation is not applicable to agreements entered into with contractors in accordance with article 14 of the German Civil Code.
§ 10 Declaration regarding the cost of return postage
Should you make use of the right of cancellation stated in Clause 9 of these Terms and Conditions, you are liable to bear the cost of return postage, if the delivered products are equivalent to those ordered, if the price of the returned products does not exceed an amount of EUR 40, or in the case of a higher value, if the customer has not provided the payment or a partial payment in accordance with the agreement at the time of the cancellation. In other cases, return postage is free of charge.
§ 11 Data protection
(1) In the context of the processing of agreements, we require personal information regarding the Customer. This information is subject to the provisions of the German Data Protection Act and the German Telemedia Act (TMG). Without the consent of the Customer, we will only request, process, or utilise the Customer’s usage data to the extent that this is necessary for the processing of the agreement and for the utilisation and invoicing of telecommunications services.
(2) Without the consent of the Customer, the Customer‘s data will not be utilised for purposes of advertising, market research or opinion polls, in accordance with statutory regulations.
(3) The agreement text will not be saved by us and cannot be recovered after the conclusion of the order process. Prior to submission of the order, the Customer may print these terms and conditions, as well as the order data, and shall receive an email, in which the order is summarised, after the completion of the order.
§ 12 Conclusion
(1) Any agreement between the Service Provider and the Customer is subject to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) In the event the Customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the agreement between the Customer and the Service Provider shall be the place in which the registered office of the Service Provider is located.
(3) The invalidity of any of the individual provisions of these General Terms and Conditions shall not affect the validity of the remainder of the provisions.
© The content of this website is predominantly protected by copyright regulations or equivalent. The copying, downloading, divulging and distribution, as well as the storage of this content is not, with the exception of caches (temporary storage for the purpose of display in internet browsers) in the context of accessing our website, permitted, without the consent of the owner of the rights in question. Content explicitly intended for download is excluded from this restriction. In this case, usage rights are restricted to personal use. Any further reproduction, publication, distribution, making available to the public or other usage requires the consent of the entitled party.
Stand: 11.08.2011
Version: 2.2