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§ 1 Scope
For the business connection between the customer of cd-gms (http://www.cd-gems.de),
in the following briefly cd-gems.de mentioned, applies exclusively these conditions of use in at the time of the order available version. This version is been considered as accepted with use of the store.
§ 2 Offers
The offers at cd-gems.de shop are without engagement. With the up-dating of the internet products offer lose all the last preceding offers validity.
§ 3 Accomplishing the contract
1.
The contract between the customer and cd-gems.de comes about as
recently as the customer gives an order and cd-gems.de accepts the
order. the order of the customer is carried out online by completion
and sending the order form earmarked by cd-gems.de on the internet.
cd-gems.de accepts the order by delivery of the ordered products.
2.
cd-gems.de reserves the rights not to yield the promised accomplish
in case of unavailability of the product. In that case cd-gms.de will
inform the customer immediately about the unavailability and already
performed payment will be compensated immediately.
§ 4 Prices
The price at the time of placing the order is considered.
§ 5 Delivery
1.
In case of delivery within the EU inclusive Switzerland the customer
takes on the emerged forward charges as a result of the postal
delivery.
2.
In case of delivery outside the EU and Switzerland all the arising
expenses for dispatch and handling will be charged. cd-gems.de
reserves the rights, without giving reasons not to deliver completely
or partly to occupants of certain countries.
3.
Special wishes (priority- and express delivery) will be accounted
specially in the bill.
4.
The delivery takes place by the post office in a neutral packaging.
The correct indication of the delivery address lies in the area of
responsibility of the customer. In case we can not deliver cd-gems.de
reserves the rights to assert the incidental damage.
5.
With handling over of the delivery to the post office the risk is
transferred to the customer.
6.
Should the appearance or the condition of an ordered product change
slightly, then cd-gems.de nevertheless is entitled to deliver in case
the product is equal.
7.
Part deliveries are allowed. The forward charges may be levied just
once.
8.
The delivery dates or achievement dates are noncommittal, unless in a
written order confirmation something else is certain. cd-gems.de is
anxious to deliver the order to the customer within 5 working-days.
9.
If a written date of delivery in a confirmation of order was named,
the time of delivery starts with sending of the confirmation of
order. The time of delivery is abided, if the commodity within the
period to the dispatch. With delivery difficulties due to higher
force, official measures or operational disturbances the time for
delivery extends by the duration of the interference.
§ 6 Return Quite
1.
The customer has the right to return the commodity within two weeks
after receipt without indication of reasons to cd-gems.de. The return
demand must be in written form or be made available on another
durable data medium. Receiver is cd-gems.de. The period of time is
abided through the in due time delivery of a ready to despatch
commodity to a brach of the German post office. cd-gems.de does not
bear the costs and danger of the reconsignment.
2.
cd-gems.de refunds payments wich already have been made by the
customer. For the abandonment of use or the use of the commodity as
well as for miscellaneous services by the time of exercise of the
return rights the value is to refund. The depreciation occurred by
the intended use of the commodity remains out of consideration.
§ 7 Payment
1.
With sending of the order the purchase price becomes due. The
purchase price is made up from the purchase price and the forwarding
charges, as far as such are raised.
2.
The payment takes place by advance payment or paypal.
3.
At part deliveries cd-gems.de can demand a pro rata payment accordant
to the previous delivery.
4.
If the customer comes into delay with the payment, cd-gems.de is
entitled to charge interest amounting to 3% over the base lending
rate of the European Central Bank. The claim of compensation of the
delay damage will remain unaffected.
5.
For reminders lawful reminder charges will be absorbed.
6.
The customer can only accumulate with such receivables, wich are
beyond controversy or legally binding determined.
§ 8 Compensation because of default
An entitled claim for compensation because of default by the customer in
case of acchievement defaults of cd-gems.de or impossibility of
achievements represented by cd-gems.de is bordered. cd-gems.de is
liable just for directly, typical damages.
§ 9 Guarantee
1.
The guarantee period depending on commodity amounts up to 2 years
from billing date. cd-gems.de achieves guarantee only for defects,
which are on hand for the time of the transfer of perils. Small
commercial and technically non avoidable deviations of the quality do
not justify warranty claims.
2.
A lack of the commodity hat to be indicated in writing. Obvious lacks
are to admonish within 2 weeks after receipt of the commodity. The
admonish time is abided with sending of the notice of defect.
Receiver of the notice of defect as well as of the defective
commodity is cd-gems.de.
3.
At defects is cd-gems.de authorised at first after choice to
eliminate the defects (amendment) or replacement. If the lack removal
fails or if cd-gems.de is not able to replacement or if for reasons,
which cd-gems.de has to represent, retard beyond the appropriate
periods, then the customer has the choice to call the act of sale off
or to ask for abatement of the purchase price.
4.
The cost of the return of the commodity bears the customer.
5.
cd-gems.de pays compensation only if the damage were caused by
resolution or culpable negligence, if an offense against substantial
contractual obligations is given or if an assured characteristic is
missing to the commodity.
6.
If a basic contractual obligation is violated, then the liability of
cd-gems.de is limited to the typical, foreseeable damage. This
limitation of liability does not apply if the customer makes a claim
for damages valid because of the absence of assured characteristics.
§ 10 Retention of title
1.The delivered commodity remains property of cd-gems.de up to the
complete payments of the supplied commodity as well as the remainder
commodity of the same order.
2.The processing or reorganization of commodity by the customer always
takes place for cd-gems.de
3.The asserting of the retention of title as well as distraint of the
delivery articles are not considered as cancellation of the contract
if the terms of the customer credit law do not find application or
this is explicit explained by cd-gems.de
§ 11 Data protection
1.The data necessary for the business is stored. All personal data are
treated confidentially. A dissemination to a third party takes place
only after previous written agreement of the customer.
2.cd-gems.de reserves all rights to check the data given by the
customer in the order form, in order to enable a accurate delivery.
§ 12 Miscellaneous
The legal relation of the contracting parties are subject to German right.
Your contracting party, operator and contact partner for cd-gems.de shop is:
cd-gems - Waris & Dollansky GbR - Birkenstr. 108 - 63820 Elsenfeld - Germany
sales tax identification number according to § 27 a sales tax law: DE239861311
Adhesion reference: Despite careful control of the contents we do not take over adhesion for contents of external links. For the contents of the linked sites is responsible exclusively their operator.
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