§1 Area of application & defensiveclause
(1) for the legal relations reason able about this Internet shop between the operator of the shop (in the following "supplier") and his customer are valid exclusively the following general terms of business in there spective version at the time of the order.
(2) Divergent general terms of business of the customer are rejected.
§2 Realisation of the contract
(1) The presentation of the goods in the Internetshop shows no binding offer of thesupplier on end of a bill of sale. The customer is merely asked through this to deliver an offer by an order. The customer an obliging offer delivers
(2) By sending the order in the Internetshop directed on the end of a bill of sale about the goods contained in the goods basket. With sending the order the customer also recognises these terms of business as for the legal relationship with the supplier alone decisively.
(3) Of the suppliers confirms the entrance ofthe order of the customer by sending of confirmation-e-mail. This order confirmation does not show yet the acceptance of the contract offer with the supplier. She serves merely the information of the customer that the order has come with the supplier. The explanation of the acceptance of the contract offer occurs through the delivery of the product or an explicit notice of acceptance.
§3 Retention of title The delivered product remains up to the entire payment in the property of the supplier.
§4 Maturity The payment of the purchase price is to be paid in prerau the approval of the purchase confirms us.
(1) The guarantee rights of the customer are directed according to the general legal regulations, as far as in the following nothing else is determined. The regulation is valid for compensation claims of the customer towards the supplier in §6 of these Terms and Conditions. 1 year amounts with consumers with things made anew 2 years, with used things to.
(2) The period of limitation for guarantee claims of the customer. Compared with enterprisers the period of limitation amounts with things made a new and with used things 1 year. The preceding shortening of the periods of limitation is not valid for compensation claims of the customer on account of an in jury of the life, the body, the health as well as for compensation claims on account of an in jury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract, e. g.if the supplier has to hand over to the customer the thing freely from material faults and legal faults and to get the property in her. The preceding shortening of the periods of limitation is also not valid for compensation claims which are based on a deliberate orroughly careless duty in jury of the supplier, his legal representatives or fulfilment assistant. Compared with enterprisers also except from the shortening of the periods of limitation the resort claim after §478 is a CivilCode.
(3) A guarantee is not explained by the supplier.
§6 disclaimer of liability
(1)compensation claims of the customerare excluded, as far as in the following nothing else is determined. The preceding disclaimer of liability is also valid in favour of the legal representatives and fulfilment assistant of the supplier, provided that the customer asserts claims against this.
(2) Of under figure 1 certain disclaimer of liability are excluded compensation claims on account of an in jury of the life, the body, the health and compensation claims from the in jury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim ofthe contract, e. g. , the supplier has to hand over to the customer the thing freely from material faults and legal faults and to get the property in her. Is also excluded from the disclaimer of liability the liability for damages which are based on a deliberate or roughly careless duty in jury of the supplier, his legal representatives or fulfilment assistant.
(3) Regulations of the productliability law (ProdHaftG) remain untouched.
§7 Cession and pledging ban
The cession or pledging of the customer towards the supplier to being entitled claims or rights is excluded without approval of the supplier, provided that the customer does not prove alegitimate interest in the cession or pledging.
§8 Compensation a compensation right of the customer exists only if his demand put to the compensation was ascertained legally or is in disputable.
§9 Legal choice & legal venue
(1) On the contractual relations between the supplier and the customer finds the right of the Federal Republic of Germany use. The compelling consumer protection regulations of the country in which the customer has his usual stay are excluded from this legal choice. The use of the UN-purchase right isexcluded.
(2) Legal venues for all disputes from the contractual relationship between the customer and the supplier is the seat of the supplier, provided that it concerns with the customer a business man, a legal entity of the public right or a public law special property.
§10 Be in effective severability clause having to do a regulation of the segeneral terms of business, the effectiveness of the remainin gregulations is not touched of it.
§11 Terms of delivery Provided that articles are in stock, they will be delivered within 30 days after payment entrance. For articles which are not in stock, delivery times of 4 - 8 weeks can result. The buyer confirms his approval of the delivery time with the payment of the articles. The delivery occurs to kerb or front door.
§12 Information about our shipping conditions you find here.
§13 Taking back of The buyers must complain a damaged or not correctly delivered product within 7 days. This must occur on the written way or on the electronic post (email) with information of the damage and photo. With broadcastings with DHL were sent, the damaged product (with packaging and packaging materials) must bean nounced in a post or DHL branch within 7 days on receipt of the product. Then a copy of the delivery document must be sent in Rings-furniture. Other wise claims are not considered. The buyer is responsible for the flawless back dispatch himself.
§14 cancellation instruction -cancellation right
Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party, which is not a carrier, you named, has or has taken possession of the last product. To exercise your right of revocation, you must contact us
Jan Funken e.K.
53757 Sankt Augustin
with a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will notify you of all payments we have received from you, including the initial cost of delivery (except for the additional costs resulting from the fact that you have a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
The cost of returning the goods is borne by you as a buyer.
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