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1. Universal
The following conditions count to all contracts, deliveries and achievements the consumers according to §13 to Civil Code compared with the piece of furniture distribution Stuttgart deliver. Consumer for the purposes of §13 Civil Code is every natural person who concludes a legal business for a purpose which can be added neither her commercial ones nor her independent professional activity. Divergent arrangements need the written form. Orders are only accepted if the inspection of the Terms and Conditions is confirmed in the order course.
2. Offers and conclusion of the contact
The offers contained in the on-line shop are always not-binding to understand i.e. only as a request on the delivery of an offer. Orders count as accepted if they are confirmed by the shop assistant either in writing by post, by fax or by e-mail or are immediately explained after incoming orders. Then the calculation counts as a confirmation of order.
3. Prices
All prices are gross prices in euro plus the delivery expenses and forwarding expenses and including the legal value added tax of 19%. The payment occurs by precash. It are worth the prices at the time of the order.
4. Delivery times and delivery terms
Dates of delivery or terms of delivery count, untill expressly agrees as a fixed appointment, as without obligations approximated appointments.
5. Retention of title
The product remains a property of the piece of furniture distribution Stuttgart up to entire payment. Before crossing of the property a bailment, protection conveyance, processing or deformation is not permitted without approval by the piece of furniture distribution Stuttgart. The retention of title goes out only with the payment entrance with us.
6. Payment
The payment occurs alternatively cash on delivery or by precash. Of the pieces of furniture distribution Stuttgart the right reserves itself to exclude certain payment kinds in the isolated case. Unfortunately, the payment by sending of cash or cheques is not possible. We exclude a liability with loss. Our bank connection:
depositor: Frank Scheufele
department: BW Bank
account number: 2 086 857
bank code: 600 501 01
IBAN: DE84 6005 0101 0002 0868 57
BIC (Swift-Code): SOLADEST
7. Data storage
Herewith the buyer is informed of the fact that the shop assistant processes within the scope of the business connection to won personal data according to the regulations of the alliance data protection act. Their contract data are used perhaps to carry out a credit investigation.
8a. Right of withdrawal
They can revoke your contract explanation within two weeks without information of reasons in text form (e.g., letter, fax, e-mail) or – if to you the thing before the deadline will leave – by return of the thing. The term begins on receipt of this instruction in text form, however, not before entrance of the product with the receiver (by the returning delivery of goods of the same kind not before entrance of the first part delivery) and also not before fulfilment of our duties of information according to §312 c paragraph 2 Civil Code in connection with §1 paragraph 1, 2 and 4 Civil Code InfoVO as well as our duties according to §312 e paragraph 1 sentence 1 Civil Code in connection with §3 Civil Code InfoVO. For the protection of the cancellation term the timely sending of the cancellation or the thing is enough. The cancellation is to be directed in:
Möbel Vertrieb Stuttgart
Windhalmweg 38
D-70599 Stuttgart
fax: +49 (0)711.4515633
mail: mail [at] kolonial-living.com
8b. Cancellation results
In case of an effective cancellation the achievements received on both sides to reimburse amounts each party has received and if necessary pulled uses (e.g., interest) are to be published. Are able to do to us the received achievement all or part not or only in made worse state to reimburse amounts each party has received, you must perform to us in this respect if necessary value substitute. With the surrender of things this does not count if the deterioration of the thing is to be led back exclusively on their check - as she would have been possible to you possibly in the retail shop. For the rest, you can avoid the duty to the value substitute with one by the designated putting into use of the thing resulted deterioration, while you do not take the thing like your property in use and omit from everything what impairs their value.
Paket transportable goods have to be returned to our risk. You have to carry the costs of the return if the delivered product of the ordered ones corresponds and if the price of the thing to be sent back does not exceed an amount of 40 euros or if you have not produced the consideration or a by contract agreed hire-purchase with a higher price of the thing at the time of the cancellation yet. Otherwise the return is free for you. Not paket transportable goods things are fetched with you. Obligations to the allowance of payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their receipt.
9. Right to rescind
We are entitled to withdraw from the bill of sale if circumstances enter which make the fulfilment of the contract unreasonable, as for example strike, lockout, failure of pre lieferanten, or other cases of higher power. Also we are entitled to the resignation if after acceptance of the order circumstances become known which justify considerable doubts about the payment illiquidity of the consumer and if in this case the consumer is not ready for his bills of debt to perform security.
10. Wood quality
Wood is a natural product; hence, his natural qualities, divergences and signs are always to be followed. In particular the buyer has to take into consideration his biological, physical and chemical qualities by the purchase and the use. The range from natural colour, structure and other differences within a species of wood hears to the qualities of the natural product wood and shows no complaint or liability reason.
11. Secondary damages
For the damages which arise from the use of the product we take over no liability. No guarantee is taken over for damages, they have originated from inexpedient or improper use, from wrong use, care or cleaning or natural wear, faulty or negligent treatment, use of inexpedient nursing means.
12. Place of fulfilment and jurisdiction
For all present and future claims from the business connection with businessmen including change and cheque demands place of fulfilment and exclusive legal venue is the seat of the piece of furniture distribution-on-line shops. The same legal venue counts if the consumer no general legal venue in the Federal Republic of Germany has moved or after completion of the contract his residence or usual place of residence from the Federal Republic of Germany.
13. Additional regulations
All pictures in the web shop are non-binding illustrations. For faulty representations or descriptions or mistakes in the Internet presence or in other offers we take over no liability. We may rectify such mistakes afterwards.
14. Final regulations
Exclusively the right of the Federal Republic of Germany counts to the contractual relationship to the exclusion of the UN-purchase right. Should single regulations these sales and of delivery bedingungen for legal arguments be ineffective or be impracticable, this does not touch the validity of the remaining regulations. The ineffective or impracticable clause is substituted with that legal regulation which is the most similar to her as regards content.
Stand: 10.12.2008
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