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General terms and conditions of trade

 

§ 1. Scope

 

The business relations with the buyer for purchase orders placed via the Internet will be exclusively governed by the General Terms and Conditions below in the version applicable at the time of the purchase order.

 

§ 2. Conclusion of contract

 

By sending a purchase order, the customer submits an offer within the meaning of § 145 BGB (German Civil Code). The customer will receive an acknowledgement by e-mail confirming receipt of the purchase order. If necessary, we will separately point out to the customer any errors in the details regarding the product range presented on our Internet site and make the customer a suitable counter-offer.

 

The customer waives receipt of a declaration of acceptance according to § 151, sentence 1 BGB. An agreement with us will be deemed to have been concluded if we accept the customer’s offer either in writing or in text form within 10 days, or if we send the ordered goods, or if the customer pays in advance.

 

§ 3. Delivery, shipping costs, passing of risk

 

Delivery will be made at the shipping costs stated on a case-by-case basis. If the customer is a consumer, we will assume the risk of shipment in any event, irrespective of the type of shipment. If the customer is an entrepreneur, all risks and hazards of shipment shall pass to the customer once we have handed the goods over to the commissioned logistics company.

 

§ 4. Retention of title

 

The supplied goods will remain our property until the purchase price is paid in full.

 

§ 5. Payment

 

Only the modes of payment shown to the customer in the course of the ordering process will be accepted.

 

§ 6. Warranty

 

a) We warrant that, at the time of delivery, the goods have the properties as may have been agreed and are free from defects in quality. This means that the goods are suitable for use as assumed under the agreement or suitable for standard use and that they have a quality which is customary for items of the same kind and which the customer may reasonably expect of the kind of item and/or based on statements made by us or the manufacturer. Properties of the goods in accordance with our statements, the marking or advertisements will only be deemed to be agreed properties to entrepreneurs if specifically indicated in the offer, acknowledged by us in writing or identified in the order acknowledgement.

 

b) § 377 HGB (German Commercial Code) shall apply if the purchase is a commercial transaction within the meaning of § 343 HGB for both parties.

 

c)  aa) § 478 BGB shall remain unaffected by the provisions below.

 

bb) The warranty period commences upon receipt of the goods by the customer.

 

cc) The warranty period for new goods is two years.

 

dd) Regardless of the provisions below relating to reduced periods of warranty for used goods, the limitation period for claims for damages under warranty shall be two years for any injury to life and limb or health arising out of any negligent breach of duty on our part or any intentional or negligent breach of duty by our legal representatives or servants.

 

Furthermore, regardless of the provisions below relating to reduced periods of warranty for used goods, the limitation period for claims for damages under warranty shall be two years for any other loss arising out of any grossly negligent breach of duty on our part or any intentional or grossly negligent breach of duty by our legal representatives or servants.

 

For the rest, the warranty period for used goods shall be one year if the customer is a consumer. The warranty for used goods for the rest is excluded if the customer is an entrepreneur.

 

d) In the event of a defect you will be entitled, at your option, firstly, to your statutory rights of subsequent performance (rectification of defect or subsequent delivery). If the statutory conditions are met, you will further be entitled to a reduction in the purchase price or to withdraw from the contract and claim damages and to be compensated for expenses incurred in vain.

 

The subsequent performance may be refused if it would only be possible by incurring unreasonably high costs. Withdrawal from the contract shall be excluded if the defect is immaterial.

 

§ 7. Consumer information for distance selling agreements relating to the purchase of goods

 

a) We are not subject to any special codes of conduct not referred to above.

 

b) When giving your final confirmation before checking out, you can identify any typing errors in your purchase order and correct them using the delete or change function at any time prior to submitting your purchase order.

 

c) For essential characteristics of the goods offered by us and the validity period of offers limited in time, please refer to the individual product descriptions which are part of our Internet offer.

 

d) The language available for concluding the contract is exclusively German.

 

e) Complaints and claims under warranty may be brought forward at the address stated in the provider identification.

 

f) You can save the text of the agreement to your computer using the appropriate menu option of your browser, or you can print it out using your browser’s print option. The text of the agreement for purchase orders placed in our Internet shop is not available to the customer. Furthermore, the agreement text is stored by us.

 

g) For information about payment, delivery or performance, please refer to the offer.

 

h) As you follow the steps of the ordering process in the Internet shop, you will be given information about options to identify and correct any typing errors.

 

§ 8. Miscellaneous

 

a)   The agreement between us and the customer as well as the respective terms and conditions will be governed by the laws of the Federal Republic of Germany. If the customer is a consumer, any statutory regulations and rights of the customer for the benefit of the customer which may exist and be applicable in accordance with the laws of the customer’s country of residence will remain unaffected by this agreement. The application of the United Nations Convention on the International Sale of Goods is excluded.

 

b)   The court of our registered place of business shall have exclusive jurisdiction if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. We shall have the right to bring an action at the place of the customer’s registered office as well.

 

§ 9. Severability

 

If any provision of this agreement is held to be invalid, in whole or in part, or becomes invalid later, the remainder of this agreement shall remain in full force and effect.

 

V S-vk-28

 

latexmanufactur.de
Fa. Rocco Rost

Johannisstraße 10

08412 Werdau / Sa.

Deutschland

 

Phone: +49 (0)3761 760 779

E-mail:   kontakt (at) latexmanufactur.de

 

Umsatzsteuer ID: DE 197 340 398

Adress & Contact

 

 

Return policy instructions for cosumers

 

Right of return

 

You may return the goods after receipt without giving any reasons by sending them back within two weeks. The period for returns commences no sooner than upon receipt of the goods and of return policy instructions to be communicated in text form separately. Only for goods which cannot be sent as parcels (e.g. for bulky goods) you can alternatively make a declaration of return by sending a demand in text form, e.g. by letter, fax or e-mail, for taking them back. To meet the deadline, it is sufficient for the goods or the demand for taking them back to be despatched in due time. In any event, returns will be at our cost and risk. Returns or the demand for taking the goods back must be addressed to:

 

latexmanufactur.de

Fa. Rocco Rost

Johannisstraße 10

08412 Werdau / Sa.

Deutschland

 

If you demand that the goods be taken back, they will be picked up at your address.

 

Consequences of return

 

In case of a valid return, either party shall return the services received and release any usufructs obtained (such as advantages of use), if any. Payment in compensation for the value may be demanded in case of a deterioration of the goods. This shall not apply if the deterioration of the goods is solely due to an inspection of the kind you would have been able to perform in a retail shop, for example. For the rest, you can avoid having to pay compensation for the value by not using the goods like an owner and refraining from anything that will negatively affect their value.

 

End of return policy instructions

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