TERMS AND CONDITIONS
1.1
The following terms and conditions apply in the time of the order as amended application for the exclusive business relationship between us,
Gutenbergstraße 4 • 70771 Leinfelden Echterdingen • Germany
Tel.: +49 (0) 711 9491-2110* • Fax.: +49 (0) 711 9491-2120 • info@company.de
and you as a customer (hereinafter also "Purchaser") in orders for merchandise on our website (www.company.de).
1.2
Opposing or deviating from our terms and conditions of the buyer, we do not accept, unless we have expressly agreed to their validity.
§ 2. Conclusion
2.1
The standing for the contract, shall be exclusively the German language.
2.2
All offers are subject to terms of service, quantity and fringe benefits and are non-binding invitation for the customer to order goods at company.de. By ordering the desired goods on the Internet, via e-mail, telephone, fax or mail, the customer makes a binding offer to conclude a sales contract.
2.3
Our information on the products in the online catalog are not binding. Small deviations and technical changes to our illustrations or descriptions are possible.
2.4
By placing an order the customer makes a binding intent to purchase the goods.
2.5
We are entitled to accept the order and the contract offer within two weeks of receipt. The acceptance can be declared either in writing or by delivery to the customer.
2.6
If the customer orders the goods electronically, we will confirm receipt of the order immediately. The receipt does not constitute a binding acceptance of the order. The receipt can be connected with the declaration of acceptance.
2.7
The contract shall be subject to the proper and timely delivery by our suppliers. This only applies to the case, the non-delivery is not our fault, especially when a congruent hedging transaction with our supplier. The customer will be informed punctually of the unavailability of the service. The payment will be refunded immediately.
2.8
COMPANY GmbH is entitled to rescind the contract, if not by force majeure or any other time of the contract for unforeseen events, the COMPANY GmbH is not responsible for the delivery considerably more difficult or impossible. This is especially true in case of technical problems or database errors. Likewise, the seller can withdraw from the contract if an imputed error occurred (error range).
2.9
If the customer orders the goods electronically, the contract will be stored by us and sent to the customer upon request together with these Conditions by e-mail.
2.10
All customer inquiries are worked and answered within two business days via e-mail or phone.
2.11
To make a purchase on the website from us, you must be of legal age.
2.12
All contracts concluded with us are subject to these terms and conditions.
2.13
Agreements are only effective if they are confirmed in writing.
2.14
The invoicing is done on the day of dispatch of the goods.
2.15
The delivery of the goods takes place only in commercial quantities.
2.16
We want to deal only with adult persons.
§ 3 Availability of the goods, cancel the order
3.1
If you order goods which are not marked as "in stock" you will be communicated on the homepage and in the order confirmation the expected date on which the delivery is possible. Please note that this delivery time is specified only binding if you are not expressly designated as binding.
3.2
Unless if in the processing of your order we state that the ordered goods are no more available, you will be informed separately by e-mail. A purchase contract for such goods is then not valid.
3.3
To the acceptance of your purchase contract offer by sending the proforma invoice e-mail or the shipping confirmation e-mail, you can cancel your order at any time without notice for any reason. To do this, simply write an email to us (at "info@company.de"), stating the order and the goods to be reversed. Alternatively, you can cancel your order by phone (Tel +49 (0) 711 9491-2110) - but this fall at the aforementioned telephone charges.
Revocation
Withdrawal
You may cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - or before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 para 1 and 2 draft Law and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
COMPANY GmbH • Gesellschaft zum Handel und Verwerten von Rechten und Waren
Gutenbergstraße 4 • 70771 Leinfelden Echterdingen • Germany
E-Mail: info@company.de
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you not give us back the received achievement totally or partly or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would have been in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as your property and omitting everything, which impairs their value. Transportable items are to be returned at our risk. You have to bear the cost of return shipment if the delivered goods are the ordered ones and if the price of them are less of € 40, - or if the goods are at a higher price and they are not fully payed or a contractually agreed part payment is not provided at the time of revocation provided. Otherwise, the return is free for you. Not parcel things we pick up at your premises. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods for us with their receipt.
- End of the cancellation -
Limitations of the cancellation:
The foregoing right of withdrawal is only valid if you have completed the distance contract as a consumer. A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed.
Even among consumers, there is no right of withdrawal in distance contracts in following cases:
- The supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not by their nature suitable for a return or spoil quickly or whose expiration date has passed,
- The supply of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer
or - The supply of newspapers and magazines, unless the consumer has a contractual statement made by telephone.
§ 5 Delivery
5.1
Unless otherwise agreed, delivery is made to your nominated delivery address.
5.2
Delivery dates are not binding, unless a delivery date has been expressly granted by us.
5.3
By the payment option "advance / transfer" the delivery of the goods will be effected only after the purchase price is received on our bank account plus any applicable shipping charges.
5.4
Deliveries shall be made exclusively to Germany or the EU countries, Belgium, Denmark, France, Luxembourg, Netherlands, Austria, Poland, Czech Republic, Slow Republic, Slovenia, Finland, Great Britain, Italy, Monaco, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Greece, Ireland, Portugal, Spain and the non-EU country Switzerland..
5.5
For deliveries within Germany you have the choice of delivery "standard shipping" and the shipping method "Express Saver Shipping". When standard shipping the receipt time depending on mail delivery time and is usually one to three business days. With "Express Saver Shipping" in acting until the next working day clock 12:00, unless the order was issued on weekdays before 17:00 clock. For orders on weekdays after 17:00 clock and on Sundays and public holidays, the delivery takes place within the framework of the "Express Saver shipping" on the next business day.
For shipments to countries other than Germany, basically just the "standard shipping" is available. The receipt time within the EU (see list under § 5 para 4 of the T & C) is approximately 2-3 business days. Delivery to non-EU countries (see list under § 5 para 4 of the T & C) is approximately 2-4 business days. The delivery time in dutiable countries is approximately 2-4 business days.
5.6
You are obliged to ensure that only you or a duly authorized person of full age is to receive and accept the delivery of the ordered goods.
§ 6 Prices, Costs
6.1
The prices stated on the homepage at the time of order are valid. All prices include the current German VAT.
6.2
Additional costs are shipping costs:
In addition to the value of goods shipping costs are to be paid at the checkout designated. If a package, for reasons which the buyer is responsible to, can not be delivered and it requires a new mailing, shipping costs will be due a second time as costs listed in the item description.
6.3
Upon a delivery to countries other than Germany, additional taxes, duties and / or costs can incurre that are not included in the prices quoted. These costs have to be carried by the customer.
6.4
In the event of cancellation of the contract you are obligated to pay the regular cost of returning the goods ordered, if the delivered goods are the same as ordered and the price of the returned goods does not exceed in total an amount of € 40, - or if you have not yet made the full payment or a contractually agreed part payment.
§ 7 Payment
7.1
The purchase price is due for payment upon conclusion of the purchase agreement.
7.2
You have the option to pay the purchase price by cash on delivery (only when shipping in Germany), cash on collection at our office address in Leinfelden-Echterdingen, money order / bank transfer, pay by credit card (Visa, Mastercard) or via the payment system "PayPal". Your preferred method of payment you choose during the ordering process. We reserve the option of requiring you to make a mandatory payment of the above.
7.3
In case of payment by money order / transfer, you transfer the purchase price plus any applicable shipping costs, by usind the datas in the proforma invoice-mail like bank account and the invoice number.
If paying by credit card, the financial information for credit card transactions (card number, expiration date, etc.) with an encrypted protocol will be forwarded automatically, without us or third parties in any way have access to it. This information is used solely to pay and in cases of refunds or returns.
Payment by Paypal via the website of PayPal (www.paypal.de). PayPal is a payment service of PayPal (Europe) Sarl & Cie.. S.C.A. Customers who wish to pay via PayPal are required to have a local account.
7.4
The ability to discount is not given.
§ 8. Retention of title
The delivered goods remain our property until the full payment of the purchase price is made.
§ 9 Warranty
9.1
The statutory guarantee period is two years and starts with the delivery of the goods. During this period, all defects which are subject to statutory warranty deed, will be eliminated free of charge. The warranty claims are initially limited to subsequent performance. In case of failure of subsequent performance, the customer, by choice, has the right to rescind the contract or reduce the purchase price.
9.2
The date of commencement of warranty must be demonstrated by proof of purchase (invoice, delivery note). These documents must be stored carefully.
§ 10 Liability
10.1
We are liable for damages caused by malice or gross negligence in its entirety.
10.2
A liability for simple negligence is only for damages from injury to life and limb or health, and in violation of a contractual obligation, the fulfillment of the proper execution of the contract possible in the first or the breach of which would endanger the contractual purpose and on whose compliance with trust regularly (cardinal obligation). In the case of negligent breach of cardinal obligations, the liability to typical and foreseeable damage is limited.
10.3
This does not affect a statutory strict liability (eg under the Product Liability Act) and any liability of any provision of a guarantee.
10.4
Our legal representatives, employees and agents accept no liability further than ourselves
10.5
The data communication over the Internet is not guaranteed at the current status as error-free and / or be guaranteed at all times. We are therefore not liable for for the continuous and uninterrupted availability of our online shop or for any technical or electronic errors during the ordering process, which we do not have under control, especially for the delayed processing or acceptance of offers. If links to other websites or resources are created, we are not responsible or liable for the availability of such external sites or resources. We do not make content as our own that is accessible on such websites or resources, and therefore do not accept any liability or guarantee in relation to these websites, as far as in single cases we are not aware of the illegality of the content.
§ 11 Data Protection
11.1
All information and personal data provided by you during the ordering process (such as title, name, address, birth date, e-mail address, telephone number, bank account, credit card number, etc.) we only store, access, and if necessary pass on to third parties or transmit in accordance with the provisions of German data protection law (in particular entitled under the provisions of the Data Protection Act and the Telemedia Act),.
11.2
Your personal data, as these are necessary for the establishment, content or modification of the contractual relationship (inventory data) will be used solely to process the sales contracts concluded between us, such as the delivery of goods to the address you specify. For this purpose, the data are passed on to third parties where necessary, especially logistics companies (currently UPS). Any further use of your inventory data for purposes of advertising, market research or to arrange tailor-made offers requires your explicit consent. You have the option to give the approval by ordering. The consent form is entirely voluntary and can be accessed and revoked by you at any time on our website as well as by mail, fax or e-mail (info@company.de).
Responsible individual within the meaning of applicable data protection laws is the COMPANY GmbH, Gutenberg strasse 4, 70771 Leinfelden-Echterdingen.
11.3
You have the opportunity to receive free of charge the stored information about yourself or your pseudonym data.
11.4
Google Analytics:
This website uses Google Analytics, a web analysis service by Google Inc. ("Google"). Google Analytics uses "cookies" which are text files that are stored on your computer and allow an analysis of the use of the Site by you. The information generated by the cookie about your use of this website (including your IP address) to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other website activity and internet related services. Also, Google may also transfer this information to third parties unless required by law or if third parties process this data on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by changing the settings on your browser, we point out however that you can use in this case may not be all the functionality of this website. By using this site you agree to the processing of data about you by Google in the manner described and the previously-described purpose agreed.
11.5
Use of Facebook social plugins:
Our website uses social plugins ("plugins") of the social network facebook.com, which is sold by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94 034, USA (hereinafter "Facebook") operated. The plugins are in one of the Facebook logo visible (white "f" on a blue tile, or a "thumbs up" sign) or with the addition of "Facebook Social Plugin" sign. When you visit a Web page on our site, which contains such a plugin, your browser to connect directly with the Facebook servers. The contents of the plugin is from Facebook directly to your browser and from that involved in the website. By integrating the plugin Facebook receives information that the appropriate page on our site have called. Are you logged in at this moment in Facebook, so Facebook can assign a visit to your Facebook account. When you interact with the plugins, for example, the "Like" button press or make a comment, the corresponding information is sent directly from your browser and stored on Facebook. If you are not a member of Facebook, yet there is the possibility that Facebook gets your IP address and experience in stores. Purpose and scope of data collection and further processing and use of data by Facebook, and your rights and possible settings refer to the protection of your privacy please refer to the privacy policies of Facebook (available at www.facebook.com). If you are a Facebook member and do not want Facebook on our website collects information about you and linked to your data stored on Facebook, you must log out before you visit our website on Facebook.
§ 12 Miscellaneous
12.1
The law of the Federal Republic of Germany excluding the UN sales law is valid. This also applies if you have ordered from other country than Germany or the goods are delivered in a country other than Germany. Mandatory provisions of the state where you have your usual residence remain unaffected.
12.2
If you are a merchant, the exclusive jurisdiction for disputes arising from or in connection with the business relationship is Stuttgart. The same jurisdiction applies if you have no jurisdiction in the country or transfer after the conclusion of your residence or your residence abroad at the time of action is not known.
12.3
If any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions or agreement.
