Conditions of Use
(herein after called d+k)
§ 1. General area of application
1. The following general terms and conditions apply to all business relationships between d+k and the customer. The version effective at the time of the conclusion of the contract is the valid one.
2. Consumers, according to our terms and conditions, are natural persons, who complete a business transaction to some end, who can be attributed neither a commercial nor independently professional activity. Entrepreneurs, according to our terms and conditions, are natural or legal persons or private companies with legal capacity, with whom a business relationship is formed and who exercise a commercial activity or are self-employed. Customers, according to our terms and conditions, are consumers as well as entrepreneurs.
3. Differing, conflicting or supplementary terms and conditions are, even when agreed to, not a component of the contract, unless their application has been explicitly approved in writing.
§ 2. Conclusion of contract
1. Our offers are subject to change, subject to prior sale. Technical as well as other reasonable changes are reserved.
2. With his/her order, the customer declares his/her binding contractual offer. Once d+k receives the order, d+k will promptly send a confirmation of this. The order confirmation does not represent a binding acceptance of delivery. The order confirmation can be connected with the declaration of acceptance.
3. d+k reserves the right to accept the contractual offer of the order within 3 work days of receiving it. d+k reserves the right to decline an order, for example, after the evaluation of the customer’s credit rating. d+k reserves the right to limit the order to a common amount for a household.
4. The conclusion of the contract is carried out, except in the case that d+k does not receive the correct order in due form from the respective manufacturer. If this happens, the order is delivered either partially or not at all. If the order is not available or only partially available, the customer will be informed immediately. Any payments made are refunded promptly.
5. Agreements to the contrary are only binding if they are confirmed in writing by d+k.
6. d+k saves the contract and send it to the customer via e-mail after conclusion of the contract.
§ 3. Reservation of proprietary rights
1. In the case of consumers, d+k retains the ownership of the goods until the full price of the purchase has been paid. In the case of entrepreneurs, goods remain our property until all outstanding invoices have been settled in full.
2. The customer is required to provide d+k with third-party access to the goods. For instance, in the case of a garnishment or in the case of damage or destruction of the goods, the customer is required to inform d+k promptly. A change in ownership of the goods as well as a change in the customer’s place of residence should also be promptly reported to d+k.
3. In the case of customer actions in violation of the contract (especially with regards to delay of payment or a violation of the requirements laid out in point 2 of this version of the contract), d+k reserves the right to withdraw from the contract and require a return of the goods.
4. The entrepreneur is authorized to resell the goods in the regular course of business. The entrepreneur should go ahead and cede all outstanding monies in the total of the invoice amount, which the third party owes the entrepreneur. d+k accept the cession. After the cession, the entrepreneur is authorized to collect the monies. d+k reserves the right to collect the claims ourselves, as soon as the entrepreneur fails to properly fulfil its payment obligations and defaults.
5. The processing and handling of the goods by the entrepreneur must always be carried out in our name and on behalf of d+k. If a processing of goods occurs with goods that do not belong to us, d+k acquires co-ownership of the new business in proportion to the value of goods delivered by d+k to the rest of the processed items. The same applies when the goods are mixed with other items that do not belong to d+k.
§ 4. Right of revocation
According to article 13 in the German civil code, the customer has a right to cancellation/withdrawal of distant selling contracts. The customer, in this sense, is any natural person, who completes a business transaction to some end, who can be attributed neither a commercial nor independently professional activity.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us,
designundklassiker.de
Andreas Ortmann
Indeweg 40
D-52076 Aachen
e-mail: info@designundklassiker.de
Tel: +49-241-9209221
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You ore only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 5. Payment
1. The displayed price is binding. Included in the price is the lawful sales tax. The customer can pay with PayPal, prepayment, cash on delivery or on invoice. However, payment on invoice is only available for orders exceeding 150 euros within Germany, payment cash on delivery is only available within Germany. d+k reserves the right to exclude certain types of payment. The payment is only considered received once d+k has the payment at its disposal.
2. d+k reserves the right, despite specifications from the customer otherwise, to first charge payments to already existing debts. If costs and interest have already accrued, d+k reserves the right to charge the payment to the costs first, then to the interest and lastly to the main bill.
3. After the receiving of the goods and services, the customer obligates him/herself to pay the balance within 10 days. After this term has expired, the customer defaults. During the period of defaulting, the consumer must pay interest on a debt in the amount of five percent more than the base lending rate. While the entrepreneur is in default, it must pay interest on a debt in the amount of eight percent above the base interest rate. d+k reserves the right to substantiate a higher amount of interest damages as a result of the default and to put it into effect.
4. The customer has the right to offset payment, provided his counterclaim has been legally ascertained or recognized by us. The customer can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship.
§ 6. Passing of risk
1. In the case of consumers, the risk of incidental loss or damage of purchased goods, also in the case of mail orders, passes to the consumer once the goods have been delivered.
2. In the case of entrepreneurs, the risk of incidental loss or damage of goods passes to the entrepreneur once the goods have been delivered. In the case of mail orders, the risk passes to the entrepreneur on the delivery of goods to the shipper, the carrier or the person otherwise assigned to ship the order.
3. The delivery of goods is deemed to have taken place, even when the costumer has delayed acceptance of the goods.
§ 7. Warranty
1. For the execution of a cure, consumers have the choice between a rectification (of defects) or a replacement delivery. d+k reserves the right to reject the chosen form of cure when it’s execution is only possible with disproportional costs and the other kind of cure is without substantial disadvantages for the consumer. In the case of entrepreneurs, initially d+k choose either a rectification or a replacement delivery to compensate for product defects.
2. Should the cure fail, the customer can fundamentally request a reduction of payment (abatement) or a cancellation of the contract (withdrawal). However, the customer is not entitled to withdraw in the case of only minor defects.
3. Entrepreneurs have to report (in writing) obvious defects within a week of the delivery’s arrival. Otherwise, the warranty is not valid. To meet the deadline, a timely sending of this notice will suffice. The entrepreneur is completely responsible for providing evidence that his/her claim is justified, especially for the defect itself, for the time of ascertainment of the defect and for the timely notice of defect.
4. The warranty for consumers has a duration of two years after the delivery of the goods. The warranty for companies is one year after the delivery of the goods. For used items, there is a warranty of one year. The one year warranty does not apply if d+k is guilty of gross negligence as well as in the case of traceable health-related damages or loss of life of the customer. Our liability outlined in the Product Liability Act remains unaffecte.
§ 8. Liability Restrictions and Release
1. In the case of neglect of duty, our liability is limited to the predictable, typical (for this type of contract) and direct average damages. This also applies to neglect of duty of our legal representatives or assistants. In the case of entrepreneurs, d+k is not liable for negligence with regards to insignificant contractual obligations.
2. The following liability restrictions do not affect the customer’s right to product liability. Furthermore, the limitation of liability does not apply in case of bodily injury or other damage to health which is attributable to d+k, nor does it apply in case of the death of the customer.
3. d+k is not responsible for the foreign content of websites, the links to which we provide. We do not embrace the foreign contents of these sites. If it comes to our attention that these external websites contain any unlawful elements, d+k will immediately block access to these sites.
4. The customer indemnifies d+k from all harm that could occur to d+k as a third party as a result of damaging actions by the customer, regardless of whether or not these are intentional or accidental.
§ 9. Data protection
1. When the opportunity to enter personal or professional information (e-mail, name, address) arises in the course of using our site, the divulging of this information is absolutely voluntary on the side of the customer. Provided it is technically possible and reasonable, the usage and payment of all services offered are also available without this information, for example, through the use of anonymous information or a pseudonym.
2. The customer explicitly determines the collection, processing and use of personal information. All customer data is saved and processed according to the appropriate regulations of the General Data Protection Regulation. At all times, the customer has a right to cost-free information, correction, locking, and deletion of all saved information. d+k does not provide your personal information (including address and e-mail address) to any third party without your explicit permission, which may be revoked at any time. Exceptions to this rule are our partners, who need the information for the carrying-out of your order (for example, the shipping company responsible for the delivery). However, in these cases, the amount of information transferred is limited to the required minimum.
§ 10. Closing specifications
1. The law of the Federal Republic of Germany applies. For consumers who do not conclude a contract for professional or commercial reasons, this choice of applicable law applies only insofar as the provided protection by compulsory legal regulations of the state, in which the consumer has his/her permanent residence, is withdrawn. The specifications of the UN sales law do not apply.
2. In the case that the customer is a tradesman, a legal person of public law or a special fund under public law, the place of jurisdiction with respect to all of these contractual contentions is our business location.
designundklassiker.de
Indeweg 40
52076 Aachen
Fon: +49-241-9209221
Fax: +49-241-9209222
e-mail: info@designundklassiker.de
