TERMS & CONDITIONS
1. Scope, Terminology
(1) For the business relation between the web shop provider (later in here referred to as „provider“) and the customer (later in here referred to as „customer“) the following terms of service exclusively apply, valid at the time of placing the order. Differing terms of service of the customer will not be accepted, unless explicitly agreed to by the provider in writing
(2) The customer is consumer as long as the purpose of the ordered products and services cannot be associated to his/her commercial or professional activities. In opposition to that, every natural person, legal person or business partnership with legal capacity is to be considered an enterprise if acting professionally in their capacity as an enterprise at the time of concluding the contract.
2. Concluding the contract
(1) The customer may choose products from the provider‘s assortment and collect them in a so-called shopping basket by pressing the button „Add to Cart“. By pressing the button „Checkout“ the customer makes a binding proposal to purchase the products collected in the shopping basket. Before submitting the order the customer may check and alter the order details at any time. The order can only be bindingly submitted if the customer has accepted the terms of service by clicking the button „I agree with the Terms & Conditions“ and thus added the accepted terms of service to his/her proposal.
(2) Thereupon the provider sends an automatic confirmation by mail in which the details of the order are listed again and which the customer can print out by using the „Print" function. The automatic confirmation merely documents that the order has been placed with the provider and is not to be considered as an acceptance of the proposal. The contract is not concluded until a declaration of acceptance is sent by the provider, which will be dispatched in form of a separate e-mail (order confirmation including withdrawal notice).
3. Delivery, availability of the products
(1) If the desired product is not available at the time of placing the order, the provider immediately informs the customer in the order confirmation. If the product is permanently not available, the provider is entitled to refuse the acceptance of the contract. In this case no contract will be concluded.
(2) If the desired product is only temporarily not available, the provider also immediately informs the customer in the order confirmation. In case of delivery delays of more than two weeks, the customer is entitled to withdraw from the contract. In this case the provider is entitled to withdraw from the contract, too. Amounts already paid by the customer are to be refunded immediately.
4. Reservation of title
Until complete payment the delivered products remain property of the provider.
5. Prices and shipping costs
(1) All prices displayed on the website of the provider are including legal VAT valid at the time of placing the order.
(2) The respective shipping costs will be listed in the order confirmation and are to be paid by the customer, unless the customer exercises his/her right to withdrawal.
(3) The products are shipped by the mail order. The provider bears risk of accidental loss if the customer is the consumer.
(4) In case of withdrawal, the customer bears the regular costs of the return shipment if the delivered products are identical with the ordered products and if the price of the returned product does not exceed 40.00 Euro or if the customer has not yet reciprocated or paid an agreed part payment in case of prices above 40.00 Euro. Otherwise the provider bears the costs of return shipment
(1) Payment takes place by PayPal, Credit Card or by money transfer in advance.
(2) The customer may change the method of payment in his/her customer account at any time.
(3) The purchase price is due immediately after the conclusion of the contract. If the due-date of the payment is determined by the calendar, the customer defaults when failing to pay before expiry of the due-date. In this case the provider is entitled to claim default interests of 5 percent points above the basic interest rate.
(4) The duty of the customer to pay default interests does not exclude further claims of the provider resulting from the default.
(5) The customer will receive an invoice listing the purchase price, VAT and shipping cost upon reception of the total sum.
7. Warranty for material defects, guarantee
(1) The provider is liable for material defects according to legal regulations concerning material defects, especially according to sections 434 et seq. German Civil Code (BGB). The warranty term for products delivered by the provider to enterprises is 12 months.
(2) A further guarantee for products delivered by the provider only exists if explicitly stated for an individual article in the order confirmation.
8. Liability
(1) Compensation claims of the customer are excluded, unless the claims result from harm to life, body or health or from violations of essential contractual duties (cardinal obligations) as well as from other damages caused by intentional or grossly negligent behaviour of the provider, his/her legal representatives or vicarious agents. Essential contractual duties are those necessary to fulfil the contract in the first place.
(2) In case of violations of essential contractual duties the provider is liable for the typical, predictable damage if caused by lightly negligent behaviour, unless claims result from harm to life, body or health.
(3) The limitations of liability according to paragraph 1 and 2 also apply in favour of legal representatives and vicarious agents of the provider if claims are put in against them.
(4) The legal regulations of the German Product Liability Act remain unchallenged.
Right to withdrawal
You may withdraw from the contract in writing (e.g. by letter, Fax or E-Mail) within 14 days without giving a reason or by returning the product if the product was delivered before the expiry of the period. The period begins with receipt of this revocation notice in text form, but not priory to the delivery of the product to the addressee (in case of recurring deliveries of similar products, not before the receipt of the first part delivery) and not priory to the fulfilment of our legal information obligations according to Article 246 Section 2 in connection with Section 1, paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) To comply with this period a due dispatch of the withdrawal declaration or return shipment of the product is required.
Please send your withdrawal declaration to the following address:
Johannes Kiessler
Goethestr. 2-3
D-10623 Berlin
Telefax +49 (0)30 31102632
contact@numerounolamp.com
Consequences of withdrawal
In case of an effective withdrawal, mutually received performances as well as possible benefits (e.g. interest) are to be refunded. If received performances cannot be refunded or only refunded or handed out in an impaired condition, we are entitled to claim compensation for lost values. You only have to compensate us for impairment of the product and received benefits if the impairment results from inappropriate handling the product beyond testing the quality and functionality. “Testing the quality and functionality” refers to the inspection of the respective item as carried out in retail shops, for example.
Items shippable as parcels are to be returned at our risk. You bear the regular costs of return shipment if the delivered products are identical with the ordered products and if the price of the returned product does not exceed 40.00 Euro, or if you have not yet reciprocated or paid an agreed part payment in case of prices above 40.00 Euro. Otherwise the return shipment is free of charge. Items not shippable as parcels will be collected at yours.
Obligations to refunding payments are to be fulfilled within 30 days. For you the period begins with the dispatch of your withdrawal declaration, for us with the receipt of it.
-End of notice of withdrawal-
10. Information concerning data processing
(1) Within the scope of execution the contract the provider collects data of the customer. The legal provisions of the German Data Protection Act and the German Telemedia Act are respected. Without the explicit permission of the customer the provider will only collect, process or use these data if necessary to fulfil the contract as well as necessary for the use and invoicing to telemedia services.
(2) Without the permission of the customer the provider will not use the customer's data for commercial, marketing or opinion research purposes.
(3) The customer has the possibility to access, change or delete the stored personal information in his profile by pressing the button “My Data/My Account” at any time. For more information concerning permissions of the customer and data collection, processing and use the customer may check the privacy policy of the provider’s website which is available in printable form using the button “Data Protection”.
11. Final provisions
(1) The law of the Federal Republic of Germany under exclusion of CISG law is applied to contracts between the provider and the customer.
(2) As long as the customer is a salesman, corporate body under public law or a public separate asset, the place of jurisdiction for all legal disputes resulting from contractual relationships between the customer and the provider is the company residence of the provider.
(3) If single regulations of the contract are legally invalid, other regulations of the contract remain binding. Invalid regulations will be replaced by legal regulations if applicable. However, if the replacement of regulations would impose an unacceptable hardship on one contractual party, the entire contract is to be considered as ineffective.
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