Conditions of Use
General Terms and Conditions of Martin Rostek, 78333 Stockach Germany
Scope
All services provided to the customer shall take place exclusively on the basis of the following General Terms and Conditions. Any terms that conflict or deviate from our General Terms and Conditions are not recognized unless their validity has been expressly agreed to in writing.
Contractual agreement
1. The offerings in our online shop represent a non-binding request to the customer to place an order.
2. The following ordering procedure takes place from when the desired merchandise is selected in our online shop to when the contractual agreement takes effect: The first step, "Registration," involves the registration of new customers who have not previously registered. In the second step, "Shipping," the delivery and invoicing addresses are verified or entered, and the desired form of payment is selected. In the third step, "Payment," information regarding the selected payment type is entered. In the fourth step, "Verification," the customer receives the opportunity to review all entered information, such as name, address, payment type and items ordered, and to make changes if necessary. In the final step, the "Submit order" button is clicked.
3. By clicking on the "Submit order" button, the client submits a binding offer to us. We then immediately confirm receipt of the order by e-mail to the address provided by the customer. The order receipt confirmation does not represent a binding acceptance of the order.
4. We may accept the contractual offer associated with the order within three business days of its receipt. The purchase agreement entered into is effective at the time we accept the order by sending an order confirmation via e-mail or by shipping the merchandise.
5. The contractual agreement is subject to the adequate and timely availability of merchandise delivered to us by our suppliers. This applies only in the event that an equivalent order has been placed with our suppliers and non-delivery is beyond our control. In case of non-availability of the delivery item, we shall inform the customer immediately and in the case of cancellation of the order, we shall reimburse the customer for any payments already received.
6. The wording of the contractual agreement is saved by us upon its entry into effect and can be provided to the customer upon request.
Cancellation policy
Our customer cancellation policy is as follows:
1. Right of cancellation:
The customer may cancel the contractual agreement in writing (such as by letter, fax or e-mail) or by returning the item within two weeks, without giving reasons. This period begins upon receipt of this policy in writing, but not before delivery of the merchandise to the recipient and not before fulfillment of our duty to inform as per Section 312c Paragraph 2 of the German Civil Code (BGB), in connection with Section 1 Paragraphs 1, 2 and 4 of the ordinance regarding the duty to inform and produce proof in accordance with German Civil Law (BGB-InfoV “Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht”, ordinance regarding the duty to inform and produce proof in accordance with German civil law), as well as our obligations in accordance with Section 312e Paragraph 1 Sentence 1 of the BGB in connection with Section 3 of the BGB-InfoV. Cancellation requests or returned merchandise must be postmarked by the cancellation deadline.
Please direct cancellation requests to:
Martin Rostek
Entenpfuhl 34
41849 Wassenberg
Germany
Tel.: 0049 (0)2452 9766588
Fax.: 0049 (0)2452 9766589
E-Mail:
2. Results of cancellation:
In the event of a valid cancellation, any payments or products received by either party, including any received benefits (such as interest) are to be returned. If the customer cannot return the received product in its completely or partially, or if it is returned in unpoor deteriorated statecondition, he/she must compensate us for the replacement value of the product. In the case of returned goods, this shall not apply if the item’s deterioration is attributable only to its trial use, as may occur in a retail shop, for example. The customer may avoid the obligation to compensate us for the replacement value due to deterioration of the merchandise as a result of its authorized used by not using the item as his/her property and refraining from any activities that could impair its value. When trying on clothing, the customer is requested to wear a garment underneath. Items deliverable in parcels are to be returned to us at our risk. The customer shall be responsible for the costs of return delivery if the delivered merchandise matches the order and the price of the returned goods does not exceed EUR 40 or, in the case of higher-priced goods, if the customer has not yet made payment in full or a contractually agreed-upon partial payment exists at the time of cancellation. In other cases, return delivery shall be free of charge for the customer. Items not deliverable by parcel shall be picked up at the customer’s location. Obligations for reimbursement of payments must be met within 30 days. For the customer, this period begins as of the postmark date of the cancellation request or merchandise. For us, it begins at the time of receipt of these items.
Please note: The right of cancellation does not apply to stocking orders if the stockings have been removed from their packaging and unfolded, or to videos/DVDs if the package seal has been broken, or to magazines.
- End of the cancellation policy -
5. The customer is entitled to rights of offset only if his/her counterclaims are legally established, uncontested or acknowledged by us. Otherwise the customer may exercise the right of retention only insofar as his/her counterclaim is based on the same contractual relationship.
Transfer of risk
1. The risk of accidental demise and accidental deterioration of purchased goods is transferred to the customer upon the handover of goods.
2. Goods shall be considered handed over regardless of delays on the part of the customer in accepting the goods.
Guarantee
1. Obvious defects must be reported to us in writing by the customer within two weeks. Defects are to be described in as much detail as possible. The period begins upon handover of the goods. The defect notification must be postmarked by the deadline. Non-obvious defects are to be reported within the legal guarantee period.
2. Our customers may choose to have their order refilled through a correction or replacement delivery. We are entitled to refuse the selected method of refilling the order if disproportionate costs would be incurred and the alternate method of refilling the order would result in no significant disadvantages for the consumer.
3. If the order cannot be refilled, the customer may request either a reduction in price or cancellation of the contract. However, in the case of only minor defects, the customer shall not be entitled to cancellation.
4. We are not liable for defects that occur as a result of improper handling, normal use or through external influences. If the customer or a third party conducts changes or repairs on the items purchased, all guarantee claims shall be relinquished.
5. The customer shall receive no product warranties from us. Manufacturer warranties remain hereby unaffected.
6. The guarantee period shall be two years from the time the item is shipped.
Liability
1. In cases of intent and gross negligence, we shall be liable in accordance with the law. In cases of minor negligence, we shall be liable only in accordance with the rules of the Product Liability Act (Produkthaftungsgesetz) for damage to life, body or health or for breach of material contract obligations. Damage claims for minor, negligent breach of material contract obligations are, however, limited to foreseeable damages inherent to this type of contract, unless a liability exists as per the regulations of the Product Liability Act or due to damage of life, body or health.
2. Further liability for damage compensation does not exist. The rules of the above paragraph apply to all damage compensation claims regardless of legal grounds, including damage compensation in addition to payment, damage compensation in place of payment as well as damage claims due to futile expenditures, particularly for defects, breach of debt obligations, default of payment, impossibility or due to unauthorized use.
3. Should we be excluded from liability for damages or should said liability be limited in nature, this shall also apply to the personal damage liability of our staff, employees, co-workers, representatives and agents.
4. The customer shall release us from all disadvantages that we may incur through third parties as a result of damaging actions by the customer, whether intentional or negligent.
Links on our website
In the event that we facilitate access to external websites through links, we are not responsible for the content contained therein. We do not adopt outside content as our own and we expressly distance ourselves from all content on all external sites linked from our website. This statement applies to all links to external websites included on our website. Should we become aware of any illegal content on external websites, we shall immediately remove the link to these sites.
Copyright
All depicted third-party logos, images and graphics remain ownership of the corresponding companies and are subject to the copyrights of the corresponding licensor. All photos, logos, text, reports, scripts and programming routines depicted on the site either developed or prepared by us may not be copied or otherwise used without our consent. All rights are reserved.
Final provisions
1. The laws of the Federal Republic of Germany shall apply. Our customers are subject to these laws only insofar as the protection guaranteed is not revoked by mandatory legal requirements in the country in which the customer ordinarily resides.
2. The requirements of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
3. If at the time legal proceedings are instituted, the customer has no general jurisdiction in Germany or if the place of domicile or ordinary residence is unknown, sole jurisdiction for all disputes arising from this contractual relationship shall be our corporate headquarters.
Martin Rostek
Business address:
Martin Rostek
Entenpfuhl 34
41489 Wassenberg
Germany
Fax: 0049 176 20776202
E-Mail: post@ksbodensee.de
