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+blackriver+ (Versandhandel), Kirchenlamitzer Str. 20, D-95126 Schwarzenbach/Saale,
general terms and conditions of business for private customers
Section 1 General
(1) Contractual services and offers made by +blackriver+ are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with +blackriver+.
(2) Supplementary agreements, additions to or deviations from these terms and conditions are only valid where they have been confirmed in writing by +blackriver+.
(3) The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by +blackriver+.
Section 2 Conclusion of contract
(1) Offers from +blackriver+ catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) +blackriver+ is entitled to accept the party to the contract's offers within a period of two weeks from receipt. The contract is concluded if +blackriver+ provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by +blackriver+ or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions - in particular in the catalogue - are non-binding. Printing errors, design and technical changes may occur and these do not form the basis for any rights of the party to the contract. Goods are deemed to have failed to fulfill the contract only where there is a deviation from the product description which is more than merely minor and insignificant.
Section 4 Delivery and payment
(1) +blackriver+ is entitled to effect delivery of the goods forming the subject of the contract after the expiry of the two week cooling-off period described in section 5.
(2) All prices given are in euros and are inclusive of VAT.
(3) Goods are delivered by +blackriver+ against cash in advance only. Unless otherwise agreed payment will be collected by cash on delivery.
(4) The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number) or credit card.
(5) For parties to the contract resident in Germany, +blackriver+ makes a charge of EUR 5.00 per order for postage and packing. For cash on delivery orders, an additional charge of EUR 2.50 is made.
(6) Deliveries for orders from all other countries will only be made in advance. postage & packing on request.
(7) +blackriver+ reserves the right to amend the estimated postage and cash on delivery charges in line with actual changes to these costs.
(8) +blackriver+ may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
(9) The party to the contract may not assign debts due against +blackriver+ without the express written consent of +blackriver.
(10) Where the party to the contract has undisputed or legally recognized debts due against +blackriver+ which make up more than 20 percent of the value of the delivery including VAT and all costs, the party to the contract is entitled to require advance performance from +blackriver+.
Section 5 Right of cancellation and return for long distance sales contracts
(1) The following provisions do not apply to sealed goods (audio and video recordings, software provided on all types of media) where the sealed goods have been opened or the seal is damaged, newspapers, magazine or books. They also do not apply to goods which are produced or assembled according to the party to the contract's specifications.
(2) The party to the contract has the right to revoke his manifestation of intent based on the conclusion of the contract within a period of two weeks from receipt of the goods. No reason need be given for this revocation, which is to be made in written form or through return of the goods to +blackriver+. Dispatch of the goods within this period is sufficient.
(3) In exercising this right of cancellation, the party to the contract must return the goods, if the goods can be dispatched as a package. The cost of the return postage for orders of up to 40 EUR in value is borne by the party to the contract, unless the goods delivered do not correspond to the goods ordered. For returns from countries other than Germany, the party to the contract bears the postage costs regardless of the value of the order, as long as the goods delivered correspond to the goods ordered.
(4) The party to the contract must pay compensation for the value of any deterioration arising through the proper use of the goods. The party to the contract must exercise due care when examining the goods. Any loss in value arising from any usage beyond simply examination, such that the goods can no longer be sold as new, must be borne by the party to the contract.
(5) Where the party to the contract exercises his right of cancellation, +blackriver+ will reimburse payments already made within 20 days, as soon as the party to the contract has effected the return of the goods.
(6) Where +blackriver+ bears the costs of return postage, it will pay only the costs which would arise through postage using Deutsche Post AG.
(7) Where damaged or used goods are returned, +blackriver+ expressly reserves the right to assert claims for compensation.
Section 6 Reservation of ownership
The goods forming the subject of the contract remain the property of +blackriver+ until they have been paid for in full.
Section 7 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, an invoice must be provided as proof of date of purchase. The item for which a warranty claim is made must be sent to +blackriver+ together with a copy of the invoice.
(3) For defects in the goods forming the subject of the contract, +blackriver+ will initially either remedy the defect or replace the defective item at the party to the contract's discretion.
(4) +blackriver+ is, however, entitled to decline to remedy the defect in the manner selected and to select the alternative option in order to remedy the fault if carrying out this option will result in disproportionately high costs and the alternative remedy does not offer any significant disadvantage to the party to the contract.
(5) +blackriver+ is entitled to make two attempts to remedy the defect, in each case within 3 weeks of being notified of the defect.
(6) If the attempt to remedy the defect is without success, the party to the contract is entitled to demand a reduction in the remuneration paid (diminution of the price) or reversal of the contract (cancellation). Where a defect is minor, the party to the contract does not have the right of cancellation.
(7) For the maintenance of warranty claims, the party to the contract is obliged to examine the goods immediately on receipt. +blackriver+ must be notified of damage arising during transportation or obvious defects within one week. Dispatch of the notification within this period is sufficient.
(8) The warranty does not include normal wear and tear. If +blackriver+ maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet +blackriver+’s high quality standards, the warranty will be rendered invalid.
(9) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by +blackriver+.
Section 8 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, +blackriver+'s liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of +blackriver+ or persons employed in performing contractual obligations for which +blackriver+ is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which +blackriver+ is vicariously liable, +blackriver+ is liable in accordance with the legal regulations. Where no intentional breach of obligations is asserted, +blackriver+'s liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9 Data protection
In order to complete orders, +blackriver+ will save the party to the contract's personal details and, where necessary, pass these on to third parties for this purpose. All personal data is treated in confidence. For marketing purposes, +blackriver+ exchanges data with other mail order and service companies. The party to the contract has the right to declare to +blackriver+ that their data should not be used in this way. As the person affected, you have right to object to the use of or transfer of data for advertising purposes under the German Data Protection Act (BDSG). In addition, you have the right to information concerning and in certain circumstances to be notified of, to block or to delete your details from our saved data. For further information or explanation, please contact the company's data protection officer at +blackriver+, Kirchenlamitzer Str. 20, D-95126 Schwarzenbach/Saale or by e-mail: datenschutz@blackriver-ramps.com.
Section 10 Concluding provisions
If individual provisions of the contract between +blackriver+ and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions. The invalid provisions will be replaced by a provision the content of which most closely approximates the purpose of the provision replaced. The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
Schwarzenbach, March 2006
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