General Terms and Conditions
1. Scope of the contract
The following terms and conditions, as amended from time to time, and valid at the time of the order, apply exclusively to all offers, goods and services. On placing the order, the terms and conditions are acknowledged as accepted. Any other agreements are only valid if they have been previously confirmed in writing.
2. Conclusion of the contract and cancellation of the contract
The party making an offer undertakes to accept the customer's order pursuant to the conditions of the website, as long as stock lasts. In the case of a typing, printing or arithmetic error on the website, the party making an offer is entitled to cancel the contract. Subject to alteration of prices. Errors excepted.
The prices stated are retail prices.The party making an offer is publicly funded and so it is not possible to state VAT.
Unless otherwise agreed, delivery will be made to the address stated by the party making the order. As soon as the order has been dispatched by the party making the offer, the risk is vested in the puchaser, even if the delivery is partial. Any claims for damage during transportation made by the party making the order are to be addressed to the respective transport company. Return consignments will not be accepted without express agreement. Deliveries can only be made within Germany. Enquiries for deliveries to other countries can be made by phone.
5. Claims, warranty for defects and liability
Claims are to be made in writing as soon as possible but after one week at the latest. Damage due to transportation has to be confirmed by the post delivery service. As the party making the offer is not liable for damage due to transportation pursuant to para. 4, he will assign his own rights against the transport company to the party making the order. Any further claims of the party making the order over and above § 437 No.1 and 2 BGB (German Legal Code), irrespective of the legal grounds, are excluded unless covered by the paragraphs below. As such, the party making the offer is not liable for damage that has not arisen from the item of delivery itself; in particular, liability is excluded for any loss of profit or any other finanical loss incurred by the party making the order. This limitation of liability does not apply if the claim is based on intent or gross negligence.
6. Right of withdrawal
The party making the order is not bound to his declaration if he withdraws from the agreement within a time limit of 2 weeks following receipt of the delivery. No reason need be given for the withdrawal and it can be made to the ARGE Deutsche Donau
- in writing, i.e. also under firstname.lastname@example.org
- by telefax
- by post
- be sending the goods back to the ARGE Deutsche Donau.
The timely posting of the withdrawal to the ARGE Deutsche Donau suffices to meet the deadline.
7. Due date and payment, default
Invoices are to be paid immediately on receipt of the goods strictly net. The party making the order can pay by cheque or bank transfer. If the party making the order defaults, the party making the offer is entitled to charge interest to the amount of five percentage points above the basic lending rate.
8. Retention of title
The party making the offer retains ownership of the goods delivered (goods subject to retention of title) until the full amount of any claims against the party making the order have been fulfilled. In the case of default of payment, the party making the offer is immediately entitled to retrieve the goods subject to retention of title.
9. Court of jurisdiction
The exclusive court of jurisdiction for all claims pertaining to the business connection is Neuburg an der Donau.