| General trading condtitions - terms |
| General Terms and Conditions of Artur Schwarze Technische Produkte § 1 Scope of application (1) We carry out your order according to the General Terms and Conditions applicable at the time of the order. The current General Terms and Conditions are available on our website www.flash-evapor. de under "General Terms and Conditions". Moreover, we will enclose our General Terms and Conditions with the order confirmation. In case of doubt, our "General Terms and Conditions" published on the Internet shall apply. We explicitly reserve the right to make changes and amendments. Any General Terms and Conditions to the contrary shall not be part of the contract. § 2 Conclusion of a contract, storage of the text of the contract (1) The following rules on the conclusion of the contract shall apply for orders via our online shop http://www.flash-e-vapor.de. (2) In case of a formation of a contract, the contract is concluded with Artur Schwarze Technische Produkte Inh. S. Schittko Reinersstr. 6 45665 Recklinghausen Register number Registration office (3) The presentation of our goods in our online shop does not represent a legally binding contract offer on our part and is simply a non-binding invitation to the customer to order the goods. With the order of the desired goods, the consumer makes a binding offer for the conclusion of a purchase contract. (4) The following rules shall apply if an order is received by our online shop: The consumer makes a binding offer of contract by successfully completing the order procedure provided in our online shop. The order involves the following steps: 1) Selection of the desired goods 2) Confirmation by clicking on the "Order" button 3) Verification of data in the shopping cart 4) Clicking on the "Proceed to checkout“ button 5) Registration for the online shop following the recording and entering of the registration data (email address and password). 6) Review or correction of the entered data. 7) Binding sending of the order. By clicking on the "Back" button on his Internet browser, the consumer can return to the webpage on which the customer information is entered and, after reviewing the information he provided, correct any input errors before the order is sent or cancel the order transaction by closing the Internet browser. We will immediately confirm the receipt of the order by sending an automatic email ("order confirmation"). We thereby accept your offer. (5) Storage of the text of the contract for orders made via our Online shop: We will send you the order data and our General Terms and Conditions via e-mail. You will also be able to view the General Terms and Conditions at any time at http://www.flash-e-vapor.de/agb.html. For security reasons, your order data will no longer be accessible online. The customer data (name, first name, address, phone number, e-mail address) will be saved for the purpose of the execution of the contract. § 3 Prices, shipping costs, payment, maturity (1) The prices stated include the value added tax and other price components. Possible shipping costs will be added. The shipping costs are as follows: Zone 1: up to 1 Kg 14.50 € up to a maximum of 10 Kg 23.30 € - maximum delivery time 10 days (Belgium, Denmark, France, Liechtenstein, Luxemburg, Monaco, the Netherlands, Austria, Poland, Switzerland, Czech Republic) Zone 2: up to 1 Kg 14.73 € up to a maximum of 10 Kg 24.37 € - maximum delivery time 2 weeks (Andorra, Great Britain, Italy, San Marino, Sweden, Slovakia, Slovenia, Spain, Hungary, Vatican City) Zone 3: up to 1 Kg 14.97 € up to a maximum of 10 Kg 25.68 € - maximum delivery time 3 weeks (Albania, Bosnia-Herzegovina, Bulgaria, Estonia, Finland, Greece, Ireland, Iceland, Croatia, Latvia, Lithuania, Malta, Macedonia, Republic of Moldova, Montenegro, Norway, Portugal, Rumania, Serbia, Ukraine, Belarus, Cyprus) Zone 4: up to 1 Kg 29.25 € up to a maximum of 10 Kg 39.96 € - maximum delivery time 3 weeks (Egypt, Algeria, Georgia, Israel, Lebanon, Libya, Morocco, Russian Federation, Syria, Tunisia, Turkey) Zone 5: up to 1 Kg 32.82 € up to a maximum of 10 Kg 54.24 € - maximum delivery time 4 weeks (Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei, People's Republic of China, India, Indonesia, Iraq, Iran, Japan, Jordan, Cambodia, Canada, Kazakhstan, Qatar, Kyrgyzstan, Kuwait, Laos, Malaysia, Maldives, Mexico, Mongolia, Nepal, North Korea, Oman, East Timor, Papua New Guinea, Philippines, Saudi Arabia, Singapore, Sri Lanka, South Korea, Tadzhikistan, Taiwan, Thailand, Turkmenistan, USA, Uzbekistan, United Arab Emirates, Vietnam) Zone 6: up to 1 Kg 35.20 € up to a maximum of 10 Kg 67.33 € - maximum delivery time 4 weeks (Angola, Antigua and Barbuda, Equatorial Guinea, Argentina, Ethiopia, Australia, Bahamas, Barbados, Belize, Benin, Bolivia, Botswana, Brazil, Burkina Faso, Burundi, Chile, Costa Rica, Democratic Republic of Congo, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Fiji, Gabon, Gambia, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Yemen, Cameroun, Cape Verde, Kenya, Kiribati, Columbia, the Comoros, Congo, Cuba, Lesotho, Liberia, Madagascar, Malawi, Mali, Marshall Islands, Mauritania, Micronesia, Mozambique, Myanmar, Namibia, Nauru, New Zealand, Nicaragua, Niger, Nigeria, Pakistan, Palau, Panama, Paraguay, Peru, Ruanda, São Tomé and Príncipe, Solomon Islands, Zambia, Samoa, Senegal, Seychelles, Sierra Leone, Zimbabwe, Somalia, St. Christopher and Nevis, St. Lucia, St. Vincent, South Africa, Sudan, South Sudan, Suriname, Swaziland, Tanzania, Togo, Tonga, Trinidad and Tobago, Tristan de Cunha, Chad, Tuvalu, Uganda, Uruguay, Vanuatu, Venezuela, Central African Republic) (2) The consumer has the option to pay by advance payment, PayPal. (3) If the consumer chooses to pay by advance payment, he commits to immediately pay the purchase price after the conclusion of the contract. § 4 Delivery (1) Unless clearly stated otherwise in the product description, all of our articles are immediately ready for shipping. (2) If the consumer chooses to pay by advance payment, we will not ship the goods before the payment has been received. § 5 Reservation of ownership We reserve the right to retain ownership of the goods until the purchase price has been completely paid. § 6 Right of revocation Revocation policy Right of revocation You have the right to withdraw from the contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of revocation you have to inform me, Artur Schwarze Technische Produkte Inh. S. Schittko Reinersstr. 6 45665 Recklinghausen Tel.: +49 (0)2361 3888438 E-Mail: info@flash-e-vapor.de about your decision to withdraw from this contract by means of an explicit statement (e.g. via mailed letter or e-mail). You may use the attached sample revocation form but this form is not mandatory. Sample Revocation Form If you want to withdraw from the contract, please complete this form and return it. To Artur Schwarze Technische Produkte Inh. S. Schittko Reinersstr. 6 45665 Recklinghausen I/we hereby withdraw from the contract signed by me/us on the purchase of the following goods/rendering of the following services: (Name of the goods, if applicable, order number and price) Goods ordered on: Date Goods received on: Date Name and address of the consumer Date Signature customer (only in case of a written revocation) In order to comply with the revocation period it is sufficient to send the revocation notice before that period expires. Consequences of the revocation In case you withdraw from this contract, I shall have to immediately return all payments received from you, including the delivery costs (with the exception of additional costs resulting from you choosing a delivery method other than the lowest priced standard delivery) within 14 days from the day on which I have received the revocation notice. For this refund we will use the same means of payment used in the original transaction, unless expressly agreed on otherwise; in no case will I charge you for this refund. I may refuse the refund until I have received the returned goods or until you have shown proof that you have returned the goods, whichever is the earlier date. You have to immediately return or hand over the goods to Artur Schwarze Technische Produkte Inh. S. Schittko Reinersstr. 6 45665 Recklinghausen within a period of 14 days after you have informed me about the revocation. The requirement has been met if you send the goods prior to the expiry of the period of 14 days. You may pay the regular return costs if the delivered goods correspond to the ones ordered and if the price of the goods to be returned does not exceed 40 euros or if in case of a higher price at the time of the revocation you have not yet provided a compensation or a contractually agreed partial payment. Otherwise, the return shipment will be free of charge. Goods that are not suitable for parcel shipment will be picked up at your premises. Any obligation to refund payments must be fulfilled within 30 days. For you the term will commence with the sending of your revocation notice or with the return of the goods; for us with their receipt. You will only have to pay compensation for a possible deterioration of the goods as far as the deterioration goes back to handling of the goods that exceeds the testing of the properties and the functionality. Exclusion of the right of revocation The right of revocation does not apply in the following cases, not among other things: – in case of contracts on the delivery of goods, which are not pre-assembled and where their manufacture requires an individual selection or purpose by the consumer or which are clearly tailored to the personal requirements of the consumer – in case of contracts on the delivery of goods, which can quickly perish or whose expiry date would be quickly exceeded – in case of contracts on the delivery of sealed goods, which are not suitable for return for reasons of health or hygiene if their seal was removed after the delivery – in case of contracts on the delivery of goods if they have been mixed inseparable due to their nature with other goods after the delivery. – in case of contracts on the delivery of alcoholic beverages whose price had been agreed on at the time of the conclusion of the contract but which can not be delivered earlier than 30 days after the contract conclusion and whose current value depends on variations on the market over which the trader has no influence – in case of contracts on the delivery of audio or video recordings or computer software in a sealed package if the sealing was removed after the delivery – in case of contracts on the delivery of newspapers, journals and magazines or subscription contracts – in case of contracts on the delivery of goods or the rendering of services, including financial services whose prices depend on fluctuations on the financial market over which the trader has no influence and which may occur during the revocation period, especially services in connection with stocks, share certificates issued by an investment company or a foreign investment company and with other tradable security papers, foreign currencies, derivatives or money market instruments – in case of contracts on the rendering of services in the area of accommodation for other purposes than for residential purposes, the transport of goods, car rentals, delivery of food and beverages as well as for the rendering of services related to leisure activities if the contract provides for a specific date or time period for the rendering of the services – in case of contracts, which are concluded within the scope of a marketing form in which the trader offers consumers, which are personally present or given that possibility, goods or services in a transparent process that is carried out by an auctioneer and based on competing offers where the winning bidder is obligated to purchase the goods or services (public auctions), – in case of contracts in which the consumer explicitly asked the trader to come and carry out urgent repair or maintenance work; this does not apply to other services that the consumer did not explicitly requested or in regard to such goods which are not necessarily required for the maintenance or repair, which the trader provides at such a visit. – in case of contracts on the provision of betting and lottery services unless the consumer has provided his contractual statement by phone or the contract has been concluded outside of offices, and notarised contracts; in case of financial services this applies only if the law requires notarised certifications and a notary certifies that the information obligations for the contract have been met. The right of revocation does not apply – in case of contracts in which the consumer is already entitled to a right of revocation according to § 355 BGB (German Civil Code) based on § 495, 506 – 512 BGB (German Civil Code) – in case of contracts concluded outside of offices whereby the consumer is already entitled to a right of revocation according to § 126 of the investment law. End of the revocation policy § 7 Contractual regulations regarding the return shipment costs in case of a revocation Should you exercise your right of revocation, then - according to § 357 Section 2 German Civil Code - the following agreement shall apply according to which you have to bear the costs of the return shipment, if the delivered goods correspond to the ordered ones if the price of the goods to be returned does not exceed 40 euros or if you have not provided the compensation or a contractually agreed partial payment in case of a higher price at the time of the revocation. Otherwise, the return shipment will be free of charge. § 8 Warranty for defects The warranty for defects is determined according to the legal provisions. As far as used goods are the subject of the purchase contract and the purchaser is not the consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods will be one year. § 9 Applicable law German law shall be exclusively applicable. The choice of law shall only apply for a consumer if it does not restrict any mandatory legal provisions in the country of his/her place of residence or main residence. ------ For online dispute resolution we recommend this link to the conciliation platform of the European Commission https://ec.europa.eu/consumers/odr As of June 2014 |
