Terms and Conditions The contract language is German!
The following Terms & Conditions apply for all contracts that are closed over this online platform between Benno Hermann, Hermann electronic Versandhandel, Kapellenstrasse 5, 79780 Stühlingen-Eberfingen, Germany (ensuing called Seller) and the customer. Unless otherwise agreed, the involvement of the customer's own terms is contradicted.
1. Delivery: The shipment usually takes place by Hermes or DHL (Post) package. The shipping costs will be displayed in your cart. For shipments abroad, separate conditions apply. The shipping costs are calculated separately for each contract and the customer in the basket as well as by e-mail or fax with your order confirmation once notified.
You have the right to cancel within fourteen days without giving any reason this contract.
The cancellation policy period is fourteen days from the date
- In which you or a third party named by you, which is not the carrier, the goods have taken physical possession of, if you have ordered one or more products under a single order and these will be delivered uniformly or be;
- In which you or a third party named by you, which is not the carrier, the last goods have taken physical possession of, if you have ordered multiple products within a single order and these are supplied separately;
- In which you or a third party named by you, which is not the carrier, the last installment or the last piece have taken physical possession of, if you have ordered a product which is supplied in several lots or pieces;
To exercise your right of cancellation, you must contact us (Benno Hermann, Kapellenstrasse 5, 79780 Stühlingen-Eberfingen, e-mail address: email@example.com) by means of a clear explanation (eg, consigned by post mail, fax or e-mail ) of your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form which is not mandatory, however.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have), and must be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to pass. The deadline is met if you send back the goods before the period of fourteen days.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods dealing with them.
Exclusion and termination reasons
The right does not apply to contracts
- The supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer is important or which are clearly tailored to the personal needs of the consumer;
- The supply of goods which can spoil quickly or whose expiration date has passed quickly;
- The supply of alcoholic beverages, the price was agreed in the contract that can be delivered no earlier than 30 days after the conclusion of the contract, however, and the current value of fluctuations in the market depends on which the trader has no influence;
- The supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires prematurely in contracts
- If its unsealed after delivery for the delivery of sealed goods which are unsuitable for reasons of health or hygiene to return;
- The supply of goods when they were mixed after delivery because of its nature inseparably with other goods;
- The supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
3. Contract / Deals: The Seller's offers are not-binding and without obligation. A sales contract is effective upon written confirmation of shipping and delivery of the seller, by e-mail or fax to pass. With the cross of the order through the online ordering system from the seller These conditions are recognized and are the current version and all future deliveries and services based. Conflicting terms of business or purchase conditions of the buyer are accepted only if they have been expressly agreed. They are also not required if it does not explicitly contradict the seller again. Dimensions, drawings and illustrations, etc. are not binding. Specifications and other information are valid only after explicit written confirmation from the seller and then apply as warranted characteristics. Offers, price lists, brochures and manuals, etc. do not count as express written confirmation. Supplements and representations of the contract are only valid if they are confirmed by the seller.
4. Prices: All prices are ex Eberfingen, plus the shipping costs listed under Delivery. A transport insurance is only at the express, written request of the customer. All deliveries will be shipped by cash in advance or cash on delivery is expressly reserved. For call orders, the price at time of contract serves as the base price. Except a written fixed price guarantee entitle any price changes or exchange rate changes during the term of the contract the seller to adjust the price accordingly. An additional confirmation of the order without explicit reference to a guaranteed fixed price shall not be considered a fixed price guarantee. Delivery or installation by the seller as well as training and instruction of the operating personnel, the costs shall be borne by the purchaser. The costs of these benefits are in accordance with the then applicable ship repair and Service price list of the Seller, penalty. Variation in cost estimates are allowed to + / -15%.
5. Delivery: The scope of delivery is the written order confirmation / invoice of the Seller, shall prevail. The seller is also entitled to partial delivery. Delivery periods begin with the earliest date of order confirmation, provided that all details have been clarified, otherwise from the final settlement of all details. All delivery obligations are subject to a timely or a scheduled delivery by the suppliers of the seller. The seller is liable only if they have been expressly described by the seller as "binding" in addition to compliance with the specified by the seller Versand-/Lieferfristen. A fixed date only comes into existence if it was expressly confirmed by the seller as "guaranteed fixed date" , otherwise these reservations apply. Partial deliveries and partial services are permitted. In delivery contracts, each partial delivery and partial performance shall be deemed independent power. Delivery delay does not occur in the case of force majeure and due to events that complicate the Seller to or impossible machen.Hierzu include equipment failure, acts of God, strikes, armed conflict, etc., whether these in their own operation, which the contractor or subcontractor . occur In these cases, the buyer does not Damage caused by delay or damages for non-performance. The seller is not responsible in the event of his delivery and performance delays entitled to postpone delivery or performance by the duration of the disability plus a period of 6 weeks or because of the unfulfilled portion wholly or partially withdraw from the contract without any claims could be derived therefrom. If the delivery and performance is delayed for more than 6 weeks, the buyer is entitled to withdraw from the not yet fulfilled part of the contract without therefrom any mutual claims are asserted, is responsible for the seller, merchants have the exclusion of damages only the right to withdraw from the contract, unless the seller is proven gross negligence. In this case, the maximum compensation is limited to EUR 1000.00. The seller reserves the right to change or improve the performance, as far as they are reasonable, taking into account the interests of the seller, the buyer.
6. Payment Terms: Payment will normally advance or cash Post-delivery shipping. The Seller reserves for all deliveries and services expressly the right to send goods only against advance payment cash or check on delivery €, or free up cash or for collection, even if otherwise supply contracts have been concluded. The seller has the right to exclude a buyer is in default of the relevant supply, even if the relevant supply contracts have been signed. A payment shall be considered made if the amount to the paying agent (bank account) has been finally credited to the seller. This is especially true for cashing checks. When exceeding the payment term the seller is entitled to from the first payment reminder late payment fees and also interest at a rate to calculate the seller incurred bank and withhold further deliveries until full Zahlunseingang. All payments are generally credited against the oldest debt, regardless of contrary provisions of the buyer. Cost recovery and interest have already been incurred, will be first against the costs, then the interest and finally against the principal payment. The assertion of the right of retention or set-off of any counterclaims of the customer is excluded, unless the seller has accepted the claims of the Purchaser or the claims are legally established. If the buyer fails to fulfill his payment obligations, suspends payment, the seller to immediately withdraw from the contract without particular, previous announcements entitled. In these cases are due without special request all claims of the seller to the buyer immediately in a lump sum. The same applies if the credit insurance from the seller announces the line of credit to the customer. If the seller still holds on to his contract, he is entitled to require bank guarantees or security deposits or advance payments. From the date of default of, the seller is entitled to charge interest at the rate required by the commercial bank lending rate of the seller. The buyer bears the entire debt collection and any judicial and execution costs. In case of non payment of a check - for whatever reason, the buyer shall bear all bank charges associated therewith, as well as a handling fee from the seller of EUR 30 -. If the buyer can prove that the processing of the procedure costs less than those processing fee has caused, it is the only proven amount to be paid by the buyer. This may not be lower than the legally recognized. The seller is entitled to assign his claims.Änderungen rückgängig machenAlpha
7. Dispatch and transfer of risk: Shipping is to the best of the seller's discretion, unless otherwise agreed.
8. Retention of title: The seller retains title to the delivered goods and services on up to the complete payment of all of the business relationship with the buyer arising or resulting claims, of whatever kind and on whatever legal reason. When an account is retained property serves as security for the outstanding balance. Loading and processing of goods supplied by the Seller and standing still in the ownership of goods carried on behalf of the seller, that from them can grow without debt for the seller. When installed in foreign goods by the buyer, the seller Mitt owner of the newly created products in relation to the value of. Carried the goods delivered by him to foreign goods used Is supplied by the seller sold with other items mixed stock or the new item to the seller delivered goods with other goods are mixed or combined, the buyer shall already now its Wed property rights to the mixed stock or the new item to the Seller and shall keep these free. The buyer is entitled to sell the reserved goods in proper Business for sale or sell, as long as he is not in default. Pledges or security shall not be permitted. From the resale or any other legal reason (insurance, tort) in respect of the reserved goods (including all balance claims from current account), the buyer shall already now for safety reasons in full to the seller. The Seller authorizes the Buyer to collect the claims assigned to him for its account in his own name. The authorization can only be revoked if the purchaser is not properly fulfilled its payment obligations. If third parties on the retention of title from the seller must be noted and this must be notified immediately. The buyer must fend off requests by third parties. In dishonor of checks due to insufficient funds, the seller is entitled, without the presence of corresponding appropriations gerichtlicherTitel or assertion of title to the goods subject to retention by entering the premises by officers who have to prove their identity according to accept it. The cost of transporting away the buyer in full. The buyer agrees if a check is not cashed, returned at the request of the seller the goods received in the remaining extent at their own risk and expense to the seller. In the withdrawal as well as the seizure of the goods by the seller is - unless the Hire Purchase Act applies - no resignation from the contract. If the value of securities retained 20%, the seller guarantees is at the Buyer to the extent of their choice release. The buyer bears the burden of proving that the retained securities exceed 20%. The buyer is obliged to give the seller any time the information about the products subject and claims, which are hereafter assigned to the seller, too. Access to such third party products or claims the purchaser must immediately notify us and accompanied by the necessary documentation. The cost of an intervention by the purchaser.
9. Protection law / copyright: Should make a third contract with the customer or the customer itself the violation of intellectual property rights for the delivered products submitted, the customer is obliged to inform us immediately. We are free, possibly with the assistance of the customer, but at their own expense to conduct all negotiations for the settlement or resulting process. A liability from damages resulting from patent infringement, we assume only if gross negligence is proven beyond doubt us. A liability is only given if the seller is evidence of gross negligence. Are the products supplied have been built according to the designs or specifications of the customer, the customer shall indemnify us from all claims, liabilities, charges and costs, charged as a result of violations of patents, utility models or trademarks of third. Any legal costs of pocket expenses are before us adequately. Delivered for the delivery / performance scale software apply the terms of any manufacturer, giving priority to the provisions of these Terms, conditions enclosed with the goods and they have been deemed to be legally valid. (Eg declaration of intent by breaking a seal or open the package with a corresponding note) In this case, a contract directly between program / software vendor and the customer. Any liability of the seller for defects or missing properties is hereby expressly excluded. Not endorsed or provided these properties are free from defects before hand by the seller. In Return, provided that the seller claims its possible if any against the software manufacturer hereby to the Buyer. Should otherwise be agreed, the purchaser of software is granted a right of use, means that neither left nor to copy this for others to use. The manufacturer or the rules of copyright and the buyer is liable for all the Seller incurred and any where, direct and indirect damages in addition to the full extent of agreement between the manufacturer and purchaser agreements.
10. Export: The seller indicates that the export of the goods delivered is only allowed with prior administrative approval. Binding rulings in relation to the export from the Federal Office of Industrial Economics, Eschborn / Taunus. The Declaration of consent must be obtained by the purchaser prior to shipment of the goods. The buyer is liable for the resulting damage to the seller and the consequential arising from non-compliance with export regulations by the buyer in full.
11. Warranty: The Seller warrants for a period of 24 months on all of products delivered to him that the delivery items according to the current state of the art are free of errors. A liability for normal wear and tear. The period begins with the date of delivery and transfer of risk. Operating or maintenance instructions of the seller or the manufacturer fails to comply or make changes to the products, replaced parts or supplies used that do not meet the original specifications, there is no warranty. The buyer must the seller of any defects without delay, but no later than 10 days after notice of the Deficiencies. After this period, the seller is free of the warranty. In commercial transactions apply additionally, § § 377, 387 HGB. If a defect in the purchased goods, the Seller, at its option shall be entitled to remedy the defect or replacement. The buyer is obliged, in the case of a complaint, the defective product or part in its original packaging, together with a detailed description of the error, specifying the model and serial number, and a copy of the delivery note or invoice with the goods was delivered, to be sent to the seller. If the goods are sent without all the documents mentioned above, Seller shall not be liable for delays in processing. If the seller is not willing to substitute deliveries or be able to replace the goods or remedy the defect suggests at least once failed or are replacement or removal of defects unreasonable for the buyer, the buyer is entitled, at its option, rescind the To require contract (rescission) or reduction of the purchase price (reduction). Unless expressly agreed otherwise, any further claims of the customer - irrespective of the legal reason excluded. Therefore, the seller is not liable for damages that are not caused to the item immediately, in particular, he is not liable for lost profits or other financial damages of the buyer. The above liability exemption does not apply if the damage is based on intent, gross negligence or lack of a guaranteed property, violation of contractual obligations, performance, default, impossibility, and claims based on § § 1, 4 Product Liability Act. The improper use, storage, handling of equipment or components, and the external intervention or opening of the device not expressly authorized persons with the result that warranty claims are excluded. Should be lost by the seller or his agents to be repaired equipment data as part of the repair efforts, the Seller shall not be liable for this. The risk is borne by the client. The client has to save the data accordingly before cross for repair. Warranty claims against the seller only to the immediate purchaser and are not transferable. Claims for damages because of lack are excluded, unless the deficiency refers to a guaranteed feature. In this case, the maximum compensation is limited to EUR 1000th For compensation of damages on other legal grounds, especially from Delay, impossibility, at contract conclusion, breach of contract and tort, the seller is only required if a) the damage resulted from the gross negligence or willful misconduct of the seller or b) is due to the lack of a guaranteed property (see paragraph Contract / tender). If the customer is a merchant or a person of public law or a public law special fund, are any claims for damages, restricted in accordance with the preceding sections as follows: a) there is no liability for indirect or consequential damages or lost profits, unless such liability is not due to willful misconduct. b) Any liability is limited to damages, whose occurrence had to be expected in the circumstances reasonably known by the seller in the contract. As long as the delivered goods is with the seller to verify the presence or absence of its elimination, the period is interrupted and the removal was indeed communicated to the result of the examination as long as the customer or the deficiency by the seller has been declared eliminated or denied was. If the buyer is a merchant within the meaning of the German Commercial Law remains the purchase price due to any defects unaffected, unless otherwise confirmed by Seller or legally established.
12. Ineffectiveness of individual provisions: If any provision of these Conditions be invalid, it will be replaced by a valid provision, which reflects the economic purpose of the invalid provision. The validity of all other provisions or agreements shall remain unaffected. Exists for direct damages, consequential damages or lost profits, unless such liability is not due to willful misconduct. b) Any liability is limited to damages, whose occurrence had to be expected in the circumstances reasonably known by the seller in the contract. As long as the delivered goods is with the seller to verify the presence or absence of its elimination, the period is interrupted and the removal was indeed communicated to the result of the examination as long as the customer or the deficiency by the seller has been declared eliminated or denied was. If the buyer is a merchant within the meaning of the German Commercial Law remains the purchase price due to any defects unaffected, unless otherwise confirmed by Seller or legally established.
13. Assignment of Claims: The buyer / purchaser is not entitled to assign his claims from the contract.
14.Use of Customer Data: The dealer is entitled to all the data that relate to transactions with the byuer to process according to the Bundesdatenschutzgesetz .
15. Jurisdiction and Governing Law: The applicable law is exclusively the Law of the Federal Republic of Germany with the exception of the uniform law on sale and purchase of the uniform Accounts Act. For merchants as defined by HGB and legal persons of public law or public special fund performance Eberfingen and jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes for both parties Waldshut even for actions in the exchange and check process. However, the seller is entitled to sue the buyer in any other jurisdiction justified.
The provisions of the UN Sales Convention shall expressly not apply.
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The contract language is German!