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Status of AGB 17.11.2009

 

Terms and Conditions (GTC)
Florian Duermer

 

 

 

1. General Terms and Conditions (GTC), Scope

 

 

Mr. Florian Duermer hereinafter referred as seller offers customers hereinafter referred as buyer to place orders and buy through its own online store under the domain www.florian-duermer.de photos printed on canvas and mounted on stretcher bars.
For the reasons about this online-shop for business customers, the following terms and conditions.

By placing an order the buyer shall automatically accept the following conditions. Any changes and/or verbal agreements of the General Terms and Condition shall only be valid in a written format signed by seller and buyer before buyer places its order.
Customers in the sense of the General Terms and Conditions shall be either consumers and/or entrepreneurs.

1.1 Consumers in the sense of the GTC shall be any natural person with whom seller enters into business acting with the aim that cannot be attributed neither to its commercial employment nor to its self employed activities.

1.2 Entrepreneur shall be any natural or legal person or a legally registered company (third party) with whom seller enters into business and acting in pursuit of either its commercial employment or its self employed activity.



2. Offer, Acceptance and Conclusion of Contract in the Online Shop

 

 

2.1 The listed items/products in the oline shop do not constitute binding offers of the seller, it shall rather be an invitation to the buyer to submit a binding order.

2.2 By sending the order from out of the virtual basket of commodities, the buyer automatically places an order. The receipt of the order shall be confirmed by the seller to the customer without delay.



3. Prices, Shipping Costs, Payment in advance

 

3.1 All prices are stated in Euro including Value Added Tax (VAT) of 19 %. Always the legally valid VAT at the date of invoice shall apply.. Shipping costs shall be stated separately and shall be borne by the buyer.

3.2 The invoice amount shall be paid in full in advance via bank transfer.



4. Retention of title

 

The goods remain the property until full payment of Florian Duermer.


5. Delivery and Time of Delivery

 

5.1 The shipment shall be effectd by UPS according to UPS conditions.
Maximum weight per shipment 35kg.

5.2 The production of items/products shall start immediately after receipt of payment. The dispatch in general will take approximately 2 to 3 weeks. Delivery and service delays caused by force majeure and/or other unforeseeable circumstances like but not limited to strikes, fire, water floods etc. shall be treated as force majeur and shall release the seller for the duration of the force majeut period from his obligations. Additionally such circumstances shall entitle the seller to cancellation of the contract. In case of any delays the buyer shall be informed accordingly.

5.3 It is not possible to pick up the goods directly from the seller.



6. Right of Withdrawal

 

Consumer (§ 13 BGB) can withdraw from contract within two weeks without giving reasons either in a written format (eg letter, fax, e-mail) or - if the goods will be received before the end of the two weeks period by returning the goods to he sender. The two weeks withdrawal period shall commence with the date of placing the order. To protect the two weeks period it shall be sufficient to sent the written withdrawal or to return the goods on time.

The withdrawal shall be sent to:

Florian Duermer
Zirbelstr 4a
85662 Hohenbrunn

Tel 0049 (0)8102 782953

or via contact form



Consequences of Withdrawal

 

In case of an effective cancellation the mutually received goods and services and other benefits (eg but not limited to interest), if applicable, shall be returned to the other party. In case buyer can return the goods and services you received in whole or in part, or only in deteriorated condition, buyer shall pay compensation for lost value. With the surrender of goods this shall not apply if the deterioration of the goods are solely caused on their examination - as it could be done in a shop.
Buyer shall bear the cost of the return if the delivered goods correspond with the ordered goods at its own risk in case the return can be done using parcel delivery and if the price of the returned goods does not exceed the amount of 40 Euro. The same conditions shall apply if the price of the goods is higher than 40 Euro but buyer failed to effect the contractual agreed partial payment at the date of his withdrawal. In other cases the return of goods shall be free of charge for the buyer. Goods which cannot be returned using parcel delivery shall be done by using pick-up service. Obligations to reimburse payments shall be fulfilled within 30 days. The deadline for the buyer shall commence with the either the date of dispatch of the withdrawal or the date of dispatch of the goods, for the seller with the date of receipt of goods..
Goods which are manufactured according to customer specifications or clearly tailored to personal needs, are excluded from the withdrawal.



7. Risk

 

For traders, the risk of accidental loss and accidental deterioration of the sold goods shall be with the trader commencing with the handover either to the trader or to an authorized person.



8. Warranty

 

The following warranty terms for the purchased items shall apply.. Any complaints shall be sent in a written format to the seller with the above mentioned contact details.

8.1 No warranty shall apply in case of damage caused by improper use or handling of the goods.. The same condition shall apply for so-called intentional wear.

8.2 According to legal provisions in the case of defects of the delivered goods the buyer shall have in general the entitlement of supplementary performance. The buyer shall have the choice of either remediation of the defect or replacement. The seller shall be entitled to reject the type of supplementary performance if either the remediation of defect or the replacement can only be carried out with disproportional costs and the other type of supplementary performance does not have significant disadvantages for the buyer. With regard to traders the seller shall have the right to choose remediation of defect repair or replacement.

8.3 Without the written confirmation of the seller, the buyer shall not be entitled to remediate a defect by himself or by third parties when not previously an adequate time limit for supplementary performance was set to the seller. Such incurred costs shall not be refundable.

8.4 In case supplementary performance fails, the buyer could reduce at his discretion, according to legal regulations, the remuneration (mitigation) to cancel the contract (withdrawal), compensation for damages or reimbursement of expenses. If the customer chooses compensation, the liability limitation under paragraph 9 of these Terms shall apply



9. Liability provisions

 

9.1 According to the statutory provisions, the seller shall be liable for full damages from injury to life, limb or health, based on an intentional or gross negligent of duty and for other damages based on an intentional or gross negligence of duty and malice.

9.2 Damages not covered by Paragraph 9.1 which are caused by simple or ordinary negligence, the seller shall be liable to the extent to such negligence concerning the infringement of contractual obligations, the fulfilment of the proper execution of the contract in the first place and to the adherence of the contract the buyer may regularly rely on. The scope of liability of the seller shall be limited to the foreseeable contractual damages.


9.3 Any further liability shall be excluded.



10. Intellectual property

 

The buyer assures that he owns the copyright in the works passed to the seller for processing or reproductions. The seller indemnifies the buyer from any liability from the breach of any copyright or other intellectual property right to third parties. This shall not apply in case of intention or gross negligence by the seller. With the transfer of ownership of a good made by the seller the copyright of the good shall remain with the seller. Exceptions shall require the written agreement. The seller reserves its copyright and ownership on its cost estimates, drawings, templates and other documents which are to be seen in connection with the preparation of the good. This condition shall aplly as well to all pictures shown on the website of the online shop www.florian-duermer.de.



11. Data Storage

 

The seller shall use the data of the customer solely in order to process the order. All customer data shall only be used and stored according to,the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
The customer always shall have the right of free information, correction, blocking and deletion of stored data.



12. Final Provisions

 

12.1 The law of the Federal Republic of Germany shall be applicable. The exclusive place of jurisdiction shall be Germany.