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Terms of business - Axel Gerstl

§1 Information relating to contract parties, scope and definitions

(1) The following terms of service apply to all consignments between us and the consumer, according to the version of our terms of service that is valid at the point in time of ordering. A consumer is any natural person conducting a business transaction for purposes that predominantly pertain neither to their commercial nor their self-employed professional interests.

(2) In case of formation of a contract, contract will be concluded with

Company Axel Gerstl
Münchner Str. 17
DE-82239 Biburg bei Alling
Tel.: 0049-8141-534860
Fax.:0049-8141-5348610
service

(3) Website Provider is

Hetzner Online GmbH
Industriestr. 25
DE-91710 Gunzenhausen
Tel.: +49-9831-5050

(4) Mr. Axel Gerstl is responsible for the content of this website.

§2 Conclusion of contract

(1) Orders can be placed in writing (by post, fax, email), through the telephone or via our online-shop. For orders placed telephonically, we do not accept responsibility for correctness, accuracy or completeness of delivery.

(2) Goods presented in our online-shop do not represent a legally binding sales contract offer, but rather a non-binding invitation directed at the consumer to order goods. Drawings, illustrations and photographs within our online-shop are not legally binding should this be explicitly indicated. By his ordering the desired goods the consumer submits his proposal for the conclusion of a contract of purchase, the nature of this proposal is binding on his part. The acceptance of this contract will occur either in writing or in text form, or through delivery of ordered goods, within a week respectively. If no such acceptance occurs within the deadline, the consumer’s offer is to be considered as declined.

(3) For orders received via our online-shop, the following shall apply: By successfully proceding with ordering procedures within our shop and confirming the order by clicking the button labelled „ORDER NOW (subject to payment)“ the consumer is submitting his proposal for the conclusion of a contract of purchase, the nature of which shall be binding on his part. Subsequently, we will confirm receipt of the order via an automatically generated email (confirmation of receipt). This automated response does not, however, constitute the acceptation of the consumer’s proposal.

§3 Prices, transport charges, payment, due dates

(1) The quoted prices include value-added-tax and other price components. Transport charges are not included but quoted separately. For orders that are to be delivered to a foreign country or require special packaging, the tables which can be reviewed here represent the basis for calculations.

(2) The consumer has the possibility to issue payment via cash on delivery and SofortÜberweisung where these methods are available, as well as PayPal or credit-card (Visa, MasterCard, American Express).

(3) In case we are to deliver with subsequent payment on delivery, the due date for purchase price claims shall be the moment of goods receipt.

§4 Delivery

(1) Unless otherwise specified within our online-shops, delivery time for immediately available goods is between two to ten days. For deliveries outside the EU delivery time is generally up to 20 days. In case of advance payment, the above mentioned delivery time periods begin the day after payment receipt, in case of any other payment method, the aforementioned delivery time periods begin the day after the contract is concluded. Should the end of the time period fall on a Saturday, Sunday or a public holiday at the place of delivery, the time period shall end on the following working day.

(2) Partial deliveries are permitted, so long as they are reasonable.

(3) Risk of accidental loss or deterioration of the purchased goods is transferred to the buyer or a or a third party other than the carrier as indicated by the consumer upon handover of the item.

§5 Reservation of proprietary rights

Delivered goods remain our property up to complete payment of the purchase price, insofar as this is legally permissible within the destination country of the sale.

§6 Warranty and defect claims

(1) The warranty period shall be 24 months from receipt of the delivery.

(2) Statutory warranty claims do not apply to negligent or improper treatment of goods by the customer. Warranty also does not extend to normal wear and tear of goods, nor to defects resulting from external influences, operating errors or incorrect installation that took place after handover of the goods.

(3) We provide a statutory warranty according to legal requirements only. Claims by the customer for damages or reimbursement of wasted expenditures can only be asserted in case the prerequisites of the following clause 4 are met.

(4) Liability for other breaches of obligations
Our liability for breaches of obligations that do not pertain directly to a defect or that pertain to consequential damage due to a defect is exclusively based on the following regulations: irrespective of the legal ground, we are liable only in cases of intent and gross negligence. Beyond that, in the case of simple negligence we are also liable for damages to life, body or health, resulting from a breach of duty, for damages that result from a breach of an essential contractual obligation (obligation the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely). In the latter case, our liability shall be limited to the corresponding foreseeable losses the nature and amount of which are typical of the type of contract.

§7 Applicable law

This contract shall be governed by the laws of the federal republic of Germany.

§8 Online dispute resolution platform

The European Commission provides a platform for extrajudicial dispute resolution. This gives consumers the opportunity to initially settle disputes related to their online order out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/
Our service
Note on dispute settlement:
We are not willing and not obliged to participate in a dispute settlement procedure before a consumer-enforcement agency.

§9 General information

Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.
Februar 2017

Conditions of delivery for sales contracts with businesses

Unless specified otherwise, the regulations set forth in the terms of business apply to consumers.

Jurisdiction
Court having jurisiction for any disputes arising from any contractual relationships between customer and the seller ist the place of residence of the seller.

Warranty
The warranty period shall last for twelve months from the date of delivery.
Used goods are sold under exclusion of warranty with the exception of injuries to life, body or health as well as gross culpability.

Defects
Goods are to be inspected after arrival and any defects to be reported immediately after having been discovered.