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Conditions of Use
1. Area of application
These general trading conditions (AGB) apply to all mutual requirements from and in connection with a conclusion of a contract between the customer and the pottery Frommhold, Weissbacher STR. 21, 01936 king-bridge in the following “pottery Frommhold” mentioned, over on-line dispatch trade. Hereby expressly one contradicts to general trading conditions of the customer. For something else applies only, if and as far as the pottery recognizes Frommhold conditions of the customer in writing.
2. Come off the contract
Pottery Frommhold locks contracts only with customers, those A. unrestrictedly competent natural persons are, those 18. As well as Lebensjahr completed also b. legal entities, who have their seat in the European union or Switzerland. The offers contained in the Internet are always not-binding, i.e. they are to be understood for the customer only as request for the delivery of an offer. The contract comes off by acceptance of the customer ordering by pottery Frommhold. The acceptance is pushing due and effected to transmission of a notification of acceptance onto electronic way. If pottery Frommhold does not recall its conveyed notification of acceptance within two weeks or if the ordered commodity is supplied, the offer of the customer applies by pottery Frommhold as accepted.
3. Resignation
If pottery Frommhold should state after contract conclusion the fact that the ordered commodity no more cannot be manufactured or supplied with pottery Frommhold can offer pottery to Frommhold either in quality and price equivalent commodity or withdraw from the contract. In this case pottery Frommhold commits itself to inform the customer immediately about the unavailability and to refund received payments immediately. With delivery disturbances due to higher force and all unexpected obstacles, which pottery Frommhold represented not too, occurred after contract conclusion, pottery Frommhold can likewise withdraw from the contract, i.e. the customer is likewise freed from the payment obligation, like pottery Frommhold of the Lieferpflicht.
4. Supply, dispatch and packing costs
If nothing else is agreed upon, the supply takes place from stock to the ship-to-address indicated by the customer. Dates of delivery and - periods are noncommittal. Transit period and - means are left to the choice of pottery Frommhold. The commodity is packed by pottery Frommhold. The packing and forwarding expenses are distributed not price-increasing over all articles of the pottery Frommhold, but to the respective customer to pass on. To orders from abroad separate conditions apply. These depend on weight, mode of shipment (sea-package, Economypaket, Premiumpaket) and Zielland and you are in individual cases communicated. Packages are dispatched by DHL. Remember please that the commodity must be packed in case of a any back dispatch! If the dispatch is retarded when desired or due to being to blame for the customer, then the commodity at expense and danger of the customer stores. In this case the announcement the ready for dispatch shank stands for the dispatch directly.
5. Right of revocation
If the customer of private final consumers is, it can recall its declaration of intention directed toward the conclusion of a contract. The revocation does not have to contain reason and has in writing or on another durable data medium or by return of the commodity within two weeks to take place. For period keeping the punctual sending off is sufficient. The period begins with the time, at which the customer gets an instruction over his right of revocation in writing or on another durable data medium made available. The revocation is to be addressed to the pottery Frommhold. With practice of the right of revocation the connection of the customer to its contract offer expires. The parties have to return the respective achievements. If the purchase order value is more than 40.00 EUR, pottery Frommhold refunds the costs of the return of the commodity to the customer. One points out that pottery Frommhold can if necessary retain a depreciation of the purchase price, resulted from the putting into use of the commodity. The customer has to carry ensuring that the commodity original-packs and projects without prejudice to the return. Not to be recalled can articles, which were when desired particularly manufactured.
6. Prices and payment
The prices understand themselves always including the legal value added tax and without packagings and forwarding expenses. The customer can pay the purchase price alternatively by cash on delivery, debit, transfer or calculation. Pottery Frommhold reserves itself in individual cases the right to exclude certain payment means or to require a pre-payment on ordered articles. During payment on calculation the customer is obligated to pay the invoice amount at the latest at the time of the receipt of the commodity. If the customer comes into delay of payment, then pottery Frommhold is justified, without prejudice to large requirements, starting from maturity interest at a value of to compute 5% over the valid in each case basis interest rate of the European central bank.
7. Retention of title
Pottery Frommhold reserves itself the property at the commodity up to the complete payment of the purchase price. As far as pottery Frommhold exchanges a commodity in the context of the requirements for lack, the conveyance of the delivered subsequently commodity takes place on the dilatory condition that the customer refunds the commodity which can be exchanged or - if he does not carry for this capable actual out when being present the legal conditions indemnification according to value.
8. Requirements for lack
Condition and/or durability warranties lets pottery Frommhold only against itself apply, if these were agreed upon in writing with the customers. Lack are to be indicated immediately after knowledge in writing and as in detail as possible. The customer buyer is applies to all commercial transactions the investigation and obligationobligation obligations in accordance with § 377 HGB. In case of the occurrence of lack the customer is entitled after its choice to demand the removal of the lack or replacement. The customer grants pottery Frommhold an appropriate period for the defect removal. If the defect removal fails or if pottery Frommhold is ready for replacements or not able, then the customer can reduce after his choice or withdraw from the contract.
If pottery Frommhold being to blame for falls to the load, the customer can require also payment of damages or substitution of the futile expenditures. Expenditures for the verifications and investigation of stated lack, which are not subject actually to the defect removal obligation of pottery Frommhold, are computed the customer. If the customer is a buyer, the requirements for lack fall under the statute of limitations in one year starting from delivery of the commodity. To all remaining customers the legal period of limitation of two years applies. Lack are not given, with deviations up to a per cent from the dimension, as well as color fluctuations specified in the offer.
9. Adhesion
Pottery Frommhold is responsible for resolution and rough negligence of their legal representatives and leading employees as well as for personal injuries, serious organization being to blame for and after the product liability law after the legal regulations. Pottery Frommhold clings in all other respects, directly from which argument (e.g. Delay, bad achievement etc.) only for easy negligence and also only then, - if an obligation is hurt, their observance for the reaching of the contract purpose is of special importance (cardinal obligation) and only for - foreseeable damage, on whose developing must be typically counted. The managing regulations apply also in favor of the coworkers and/or executing aides of pottery Frommhold.
10. Data security
Pottery Frommhold commits itself to keep the valid in each case legal regulations to the data security. Pottery Frommhold raises, finished and uses personal data so far this for the normal completion of the order procedure and/or the contract over goods of the pottery Frommhold is necessary. Pottery Frommhold examines the customer ordering on the basis internal guidelines. Additionally pottery refers Frommhold information for the past number behavior of the respective customer of credit test organizations.
11. Transfer, set-off and retaining prohibition
The transfer of rights from the present Treaty and the transmission of the present Treaty altogether by the customer require the previous written agreement of the pottery Frommhold. The set-off or retention by the customer against requirements of pottery Frommhold from the present Treaty or with it connected except-contractual requirements is only permitted, if the due counterclaim is validly determined or undisputed.
12. Other regulations
Changes, additions and the abolition of the present Treaty require writing or the electronic form. The telekommunikative transmission is not sufficient for this. That applies also to the abolition or change of the writing requirement. To the regulations of the present Treaty and all resulting in and hereby requirements in the connection German right under exclusion of UN-Kaufrecht applies itself. If the customer is a buyer, area of jurisdiction for all disputes, which result from and in connection with the present Treaty, is Kamenz. If one of these regulations should be totally or partly ineffective and/or impracticable, the effectiveness becomes and feasibility of all remaining regulations of it does not affect. The ineffective and/or impracticable regulation is to be regarded in each case replaced by that effective and/or feasible regulation as, which comes the economic purpose pursued by the parties next. Managing applies accordingly, if the contract should contain gaps.
Unsere Anschrift:
Töpferei Frommhold
Herr Jens Fommhold
Weißbacher Str. 21
01936 Königsbrück
Tel.: 035795 / 31529
Fax: 035795 / 31691
e-mail: info@toepferei-frommhold.de
UmsatzsteuerID: DE 140424049
Gerichtsstand: Kamenz
This is an automatic translation of our German trading conditions
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