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General trading terms and conditions "Beim kommiss"
Owner: Holger Frankenberger, Pappelallee 17, 03046 Cottbus / Germany, heereszeugamt-brandenburg@t-online.de
1. General information
All listed offers in the e-Commerce Web Shop "www.kommiss.com" are witthout obligation, not-binding and contain no warranty of a supply. Transmissions of rights and obligations of the buyer from the sales contract require my written agreement. In publications (Web Shop, lists, announcements etc.) effected general product descriptions do not justify condition agreements or condition warranties. That applies in particular to the quality, the appearance, mass and weights of the goods. Reproduction, use of pictorial materials and texts, also in part of any kind, is forbidden without my written permission! Opposing trading conditions of the contracting party are considered as expressly impossible.
2. Payment conditions
Payment only by pre - payment as bank credit transfer ( IBAN and SWIFT ) or Paypal.
3. Terms of delivery
Shipping after complete payment of the purchase price plus transport if items are in stock. I will keep the right of partial deliveries after arrangement with the buyer. Any reasonable partial delivery and part delivery applies in this case as an independent supply and achievement. Dates of delivery and promises are noncommittal without guarantee.
4. Prices
All prices apply from stock. The prices contain the legal german VAT at height of at present 19 %, for literature 7 %. Only the actual price list is valid. Price increases due to changes of the legal VAT - sentences at height of the increased VAT. Obvious price mistakes through input errors or manipulation are reserved! All prices don`t include the transport costs. Packaging is free.
5. Shipping
Shipping on cost and risk of the buyer after complete payment of the purchase price of the order. The parcel is insured by the respective transportation service. The costs of the transport insurance are contained in the transport costs, which are carried by the buyer.
6. Reservation of property rights
I reserve the property of the sold thing up to the complete payment of the purchase price.
The retention of title in case of resale of the goods, the buyer is already handing over to me its requirement for purchase price against a third, at height of the invoice amount of the commodity up to the complete purchase price payment.
In the case of loss, the buyer is already handing over to me any claims of a third, at height of the invoice amount of the commodity.
Up to the complete purchase price payment, the retention of title extends to a new thing, in the case of the production of a new thing, using the commodity.
7. Guarantee
The material defect warranty claims fall under the statute of the limitations to guarantee for the sales of new things legally at expiration of 2 years. If the buyer is a consumer, the material defect warranty claims fall under the statute of limitations with the purchase of used things after one year.
If the buyer of used things is an entrepreneur, the material defect guarantee is excluded. Exception: salesman`s rough fault.
If the buyer is an entrepreneur, then the reduction is impossible for the case of the defectiveness of the purchased thing.
The respective legal guarantee period applies to all new items bought at " Beim Kommiss". In the case of a complaint send the article back to me within the period of 14 days and attach the bill, please. I don`t accept unpaid and uninsured return - sendings. You have to document the route of transportation of the return sending.
The buyer has to indicate scarce commodity at the latest within 2 weeks in writing to me by email, letter or fax.
Observe the period of indication by sending the indication of scarce commodity itself in time.
Warranty does not exist, if the error or damage stands in causal connection with the fact, that you inappropriately treated or overstrained the object of the purchase.
This particularly applies to second-hand material, which no more can not be used for the actual and original purpose.
Natural wear is excluded from the guarantee.
8. Responsibility
The responsibility of the legal representatives, executing aides and employees of the salesman in regard to the buyer, except in case of invention and rough negligence, is impossible for harm, which are not based on an injury of the life, the body or the health.
9. Valid right
It applies the right of the Federal Republic of Germany for these trading conditions, as well as for the business relations between the salesman and buyers. Other national rights as well as the international purchase right are excluded.
10. Data protection
Your data are used exclusively for the completion of your order and stored in the context of the business relation by EDP system.
These personal data are subject to the legal regulations under the german federal data protection law and are protected by this. Handing over to third is impossible.
11. Cancellation instructions
a. Right of cancellation
You can cancel your contract explanation in text form (Letter, fax, E-Mail) within 14 days without indication of any reason or by sending back the order to Holger Frankenberger, Pappelallee 17, 03046 Cottbus / Germany. The period begins at the earliest with receipt of this instruction. Observe the period of cancellation by sending the cancellation itself in time.
The right of cancellation does not exist in the case of supply of goods, like uniforms, which are made after customer's requests or cut to the personal needs.
b. Consequence of cancellation
On both sides received achievements have to be refunded in the case of an effective cancellation. If you can not refund the received achievement to me totally or partly or only in worsened condition, you must pay a replacement of the vaild of the goods. This does not apply, if the degradation of the thing is exclusively due to their examination. In all other respects you can avoid the indemnification according to the value of the commodity, by taking the thing not in use like an owner and omitting everything, which impairs their value.
You will have to bear the costs of the return - shipping, if the value of the order was under 100, except the supplied goods didn`t correspond to the ordered.
End of the cancellation instructions
12. Partial inefficacy
If only one of the mentioned regulations should be ineffective, the validity of the remaining regulations remains unaffected. In place of ineffective regulations steps the legal regulation.
13. Court jurisdiction and place of fulfilment
Court jurisdiction and place of fulfilment for both parts is Cottbus / Germany at present.
For all present and future requirements from the business relation between me and buyers the court jurisdiction is the seat of the salesman, including change and demands for cheque. The same court jurisdiction applies, if the buyer does not have a general court jurisdiction in Germany, or has moved his domicile or his usual place of residence out of Germany after contract conclusion or his domicile or usual place of residence is unknown at the time of the complaint .
No warranty on translation.
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