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Conditions of Use of AST Media & Event GmbH & Co. KG |
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Terms of sale, delivery and payment (general terms and conditiones) of AST Media & Event GmbH & Co. KG , representedby managing directors Rainer Fiedler und Andreas Seidinger,
Am Schloßberg 9
84555 Jettenbach
Germany
1. Scope
Our general terms and conditiones shall apply exclusively. Conditiones of the customer deviating from our general terms and conditiones have no validity.
2. Offers, prices and conclusion of contract
Orders placed with our company are binding for the purchaser. Offers are considered as an offer of contract for a period of 6 weeks, after this period they are non-binding. Obvious offer errors can be revised before the order is accepted. The contract is accomplished when we either deliver the ordered goods within two weeks after the order has been received or when we take the order by sending you an order confirmation.
3. Delivery
Current delivery costs and conditiones can be found at Shipping costs. Smaller deliveries are carried out by mailing or by parcel service. Our delivery date will be stated in weeks and is to be regarded as approximately. In case the delivery is delayed due to circumstances for which we are not liable, the delivery date is to be extended appropriately. If we fall behind our schedule afterwards, a reasonable period of grace is to be granted. Contractual penalties due to failure to comply with a delivery date are not possible.
4. Right of revocation and right of withdrawal,
4.1. Right of revocation:
Private purchasers can revoke their contract in writing without giving any reasons within one month (e.g. letter, fax, e-mail) or, if the item is sent to you before the deadline is expired, by sending the item back. The term starts upon receipt of this instruction in text form, but not before the item has been delivered to the receiver (in case of recurrent delivery of similiar goods not before the first partial delivery has been received), nor before the fulfilment of our duty to inform you according to Article 312c Paragraph 2 BGB (German Civil Code) in conjunction with Article 1, 2 and 4 BGB-InfoV (Information Order to German Civil Code) as well as our obligations according to Article 312e Paragraph 1 sentence 1 BGB in conjunction with Article 3 BGB-InfoV. In order to meet the revocation deadline, the timely sending of the revocation or the item is enough.
The revocation is to be directed to:
:
AST Media & Event GmbH & Co. KG
Andreas Seidinger and Rainer Fiedler
Am Schloßberg 9
84555 Jettenbach
Germany
Telefax : +49 (0)8638-98 279 19
E-Mail : service@artificial-trees-store.com.
4.2. Consequences of revocation:
In case of an effective revocation, the services received by both sides have to be refunded and, if necessary, benefits derived (e.g., interest) are to be returned. Are you not able to give the received service in full or in part or only in deteriorated condition to us, then you are obliged to pay compensation to us in this respect. This does not apply if the deterioration of the item is solely due to their inspection - as it would have been possible for you e.g. in a retail shop. You are not obliged to pay compensation when deterioration is resulted by designated putting into use of the item.
Items which can be sent by parcel are to be sent back on our danger. You have to bear the cost of the return if the delivered product corresponds to that of the ordered and if the price of the item to be sent back does not exceed an amount of €40.00, or if in the case of a higher price of the items you have not yet performed the service in return or any partial payment as agreed upon by contract at the time of the revocation. Otherwise the return is free for you. Items which can not be sent with the parcel service are fetched with you. Obligations to the refund of payments are to be fulfilled within 30 days. The deadline begins for you by sending your statement of cancellation or the item, for us with their receiving. In case of a cancellation of the order, provided that this occurs beyond the cancellation right of the customer, 5% of the order amout will be raised as cancellation and handling fee.
5. Warranty
We grant a 2-year guarantee on defects regarding material, processing and construction. The warranty does not cover wearing parts, neither damage caused by improper storage and use. Visible defects are to be recorded in writing within one week after the delivery. We do not take liability for damage in transit. The purchaser is obliged to check the goods upon their delivery (before the consignment note or the delivery note is signed). If the goods are faulty according to Paragraph 1, we will carry out the improvement or the replacement according to the paragraph. If two attempts of improvement fail, the purchasers right of replacement applies.
Further claims for compensation, irrespective of legal basis, are not possible. On no account are we liable for indirect and consequential damage. In case of a justified complaint we are bound to grant the right of a duly compensation or replacement.
6. Terms of Payment
Our invoices are payable net immediately after the date of issue. On request, commercial and public customers have the possibility of payment on account.
7. Samples and deliveries for a certain period of time
We reserve ownership and copyrights to illustrations, drawings, other documents and samples. They are to be returned immideatly to us on demand. Forwarding to third parties is only allowed with our permission. Samples and deliveriers for a certain period of time are delivered on account only.
8. Shipping and transfer of risk
Deliveries are carried out at the purchasers risk and costs, unless specified otherwise in number 4 of the general terms and conditiones. In case of transport damage, a legally binding certificate of the damage is to be issued immediatly on receipt via the deliverer or freight forwarder.
9. Retention of Title
Our deliveries are effected exclusively under retention of title. The ownership shall be transferred to the purchaser only if he has fulfilled all payment obligations for our deliveries, as well as any payment obligations in the future. The reclaim of goods delivered under retention of title is not regarded as withdrawal from the contract. If we exercise our retention of title, the returned items will be accredited to the current value. In order to define the current value, a neutral expert can be called in. This costs are at the buyers expense. In addition, haulage and dismantling costs are to be borne by the purchaser. In case of a seizure or other impairments of our retention of rights by third parties, the purchaser is to inform us immediately and to confirm the retention of title in writing to the third party as well as to us.
The purchaser is not allowed to pledge or to transfer the securities of goods delivered under the retention of title. The retention of title also includes products that have been processed from our goods, even if this has been achieved in combination with other products. Any possible property rights which the purchaser acquired in the mixed inventory or the new product, the purchaser herewith assign to us. If the purchaser disposes of the goods delivered by us, he assigns to us at conctract closing untill full settlement of all our claims arising from the delivery of goods which result from claims caused by the dispose of the goods towards his buyer.
10. Offset/Withhold
The offset or withhold with the purchasers claims towards delivery claims of our goods or installation work are not included, unless the asserted claims of the purchaser have been legally ascertained or have been acknowledged by us.
11. Other matters
In case of the invalidity of individual integral parts of the contract as well as terms of payment and delivery, the remaining provisions stay fully effective. Ineffective provisions are to replaced with those which approximate as closely as possible to their economic result after the ineffective provision has been issued from the economic purpose in a legally permitted manner.
12. Place of performance, choice of law and place of jurisdiction
Place of performance is Mühldorf, Germany. Installation works are thereof not included. Only German law applies, excluding the UN Sales Convention (CISG). If the purchaser resides or his usual place of residence is abroad, or if the purchaser is a trader or a legal entity under public law then Munich, Germany is considered as the place of jurisdiction for all claims in connection with the order. |
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