Stand 1.02.2008 § 1 General1.1 The following standard contract terms shall apply to all deliveries and offers of WARDOW Versandhandel (subsequent: WARDOW.com). Counter-confirmations of the customer with reference to its own standard or sales terms and conditions are hereby objected to. Any deviations to these standard terms shall only be effective if computeruniverse.net GmbH has confirmed such deviations in writing. 1.2 Consumer in terms of these standard contract terms is any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities. Merchant is every natural person, legal entity or partnership capable of holding rights, which enters into a legal transaction for a purpose which can be attributed to its commercial or independent professional activities. § 2 Contractual PartnersThe purchase contract is accomplished with WARDOW Versandhandel, owner manager: Danny Wardow, Nachtigallstrasse 24, 14612 Falkensee, Germany. For questions, complaints and objections you reach our customer service at any time by E-Mail. WARDOW.com is a certified Online-Store with Money-back-Guaranty by Trusted Shops. § 3 Offer and Conclusion of the Contract3.1 Our range of articles is not binding. The order of a customer is an offer to enter into a purchase contract. The following confirmation of the receipt of the order and any following status reports are no acceptance of the offer. 3.2 The purchase contract is accomplished as soon as we confirm the order or with delivery of the goods and confirmation of dispatch. § 4 Revocation and Obligation to return the Goods4.1 If the customer is consumer he/she may revoke his/her declaration to conclude a sales contract within a period of two weeks in textual form (e.g. by online return form, letter, E-Mail, facsimile) without stating a reason or by returning the goods. The term commences after the receipt of this revocation instruction in textual form, but not until the consumer has received the goods and either until the fulfilment of our duty to supply information according to sec. 312 c para. 2 BGB (German Civil Code) in conjunction with sec. 1 para. 1, 2 and 4 BGB-InfoV (German-Civil-Code-Information-Regulation) as well as our duties according to sec. 312 e para. 1 BGB in conjuction with sec. 3 BGB-InfoV. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to: WARDOW.com 4.2 In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If the consumer is unable to return the received goods either in total or in part or only in deteriorated condition, the consumer shall indemnify computeruniverse.net GmbH for the loss in value, if applicable. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods – as it would have been possible in a shop. The consumer may, moreover, avoid such liability of indemnification if he refrains from using the goods as if he owned them and further refrains from any action that would diminish the value of the goods. 4.3 Goods capable of being sent by parcel will be on request of the consumer collected from him by computeruniverse.net GmbH or shall be sent back by the consumer at the risk of computeruniverse.net GmbH. The consumer shall bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed ¤ 40,- or if in case of a higher value of the product the consumer has at the time of the revocation not performed the return service or the agreed partial payment. Otherwise computeruniverse.net GmbH shall bear in case of a valid revocation the costs for the return shipment respectively the collection including transport insurance. Goods not capable of being sent by parcel will be collected from the consumer by computeruniverse.net GmbH. Obligations to refund payments must be fulfilled within 30 days. This time limit begins for the consumer with the despatch of the revocation or the goods and for computeruniverse.net GmbH with the receipt of the goods. 4.4 Please send us a short E-Mail before you return an item, in order to announce the return. In this way you make it possible for us to assign your return as fast as possible. § 5 Prices, Postage and Packaging5.1 Generally, our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution centre excluding packaging, freight or possible cash on delivery charges. All prices on our website include statutory VAT. 5.2 Costs for postage and packaging are to be borne by the customer. They will depend on the form of payment and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone, they shall be quoted and shown separately on the invoice. The mode of shipment shall be chosen by the customer or, in the absence thereof, by WARDOW.com according to the most feasible arrangement. An overview of the applicable shipment and payment options as well as the relevant prices shall be published below. 5.3 If payment is to be made cash on delivery, DHL will charge an additional 2,00 ? to the recipient of the goods for accepting and transferring the amount to be paid cash on delivery. Outside of the European union further taxes or costs can result. Shipping and handling list:
* Belgium, Denmark, Estonia, Finland, France, Greece, the United Kingdom (including the Isle of Man), Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands (Holland), Austria, Poland, Portugal, Romania, San Marino , Sweden, Slovakia, Slovenia, Spain (including Canary and Balearic Islands), the Czech Republic, Hungary, Cyprus. § 6 Delivery6.1 The delivery takes place world-wide with DHL. 6.2 The estimated delivery periods are dependent on the products. On our website the availability of each product is displayed by mentioning the estimated date of dispatch through symbols and specific comments. 6.3 In the event that a delay of the estimated date of dispatch occurs after an order has been made, the customer shall automatically be informed by E-Mail. Provided that the customer is a consumer, he is entitled to cancel his/her order or to make modifications to such order free of charge at any time prior the revocation right takes effect, unless otherwise agreed. § 7 Payment7.1 The customer shall be entitled to choose among several different payment options which shall be offered depending on the mode of delivery and the shipment address. The various possibilities are displayed in the product basket and are described in the info area of our website. (see Payment Options). The payment option C.O.D. is available within Germany only. The customer will pay cash to the postman upon delivery (C.O.D. - Cash On Delivery). 7.2 Any set-off of counterclaim shall not be permitted unless proven at law or if undisputed. 7.3 The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded. § 8 Reservation of TitleAll items delivered by WARDOW.com remain its property until such items have been paid in full and all claims resulting from the transaction have been met. This shall also apply to conditional claims. § 9 Conditions of the guarantee9.1 The warranty period shall begin at the time when the goods are delivered. The statutory legal warranty provisions shall apply. Guarantees subject to these provisions are given for two years. If the delivered item has been repaired or modified by the customer or by a third party without written approval by WARDOW.com, all warranty rights shall expire. This shall not apply if the customer proves beyond doubt that the defects at issue have not been caused by the modifications carried out by him or the third party. 9.2 Excluded from the guarantee is any damage arising from normal wear and tear, lack of proper handling, and insufficient or incorrect care and maintenance. Further Information Data Protection WARDOW.com shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum. The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked. You can find further information on this topic at our Privacy Policy. Miscellaneous If the customer is a merchant or does not reside within the European Union, our company seat shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and cheques. The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions. In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will try to replace invalid provisions by such provisions which are valid and come closest to the commercial purpose intended by the parties. |
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