General terms and conditions of businessCompany FerdousGeneral terms for private customers (as of October 2006)1. Scope 1.1 For all mutual claims arising from and in connection with a contract between the customer and company. Ferdous when purchasing using the Internet always these Terms and Conditions shall apply in their valid at the time of the particular contract version.
1.2 In the case of collisions between the applicable regulations as Ranking:
1. These General Terms and Conditions
2. Statutory regulation.
Fa.FERDOUS enters into contracts with Customers
a) unrestrictedly competent natural persons who have attained the age of 18 and with
b) legal entities, each residing or established in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter referred to as “Customers”).
If the offer of a not accepted participant has mistakenly accepted by Fa.FERDOUS, Fa. Ferdous is entitled by contract to the customer within a reasonable period for declaration of withdrawal.
3 Conclusion of Contract / Cancellation
3.1 The contract comes through acceptance of the customer order by Fa. Ferdous.
The customer waives the right to a declaration of acceptance, § 151 clause 1 BGB.
If the customer orders via the internet, so Fa. Ferdous however confirm receipt of orders immediately electronically.
3.2 Due to the legal right of withdrawal of the customer comes through the order and its acceptance on the part of Messrs. Ferdous first a floating effective contractual relationship concluded.
You may renew your contract declaration in writing in text form on a durable medium (eg letter, fax, (e-mail within one month without giving reasons not sufficient) or revoked by returning the goods.
The period begins with receipt of the goods by the customer, but not before the receipt of these instructions.
The revocation period is sufficient to send the revocation or the goods. The revocation must be sent to:
Phone 0049 69883588 Email: firstname.lastname@example.org
3.3 Consequences of Cancellation
In the case of an effective return the mutually received benefits are to be returned.
If the customer can receive service in full or in part, or return them only in deteriorated condition, the customer must pay compensation for the value.
This does not apply if the deterioration of the product exclusively on their examination – is due – as would have been the customer in a store possible.
In addition, the customer can avoid the obligation to pay compensation by not using the goods as an owner in use and omitting everything, which impairs the value.
Transportable items are to be returned.
Is a return of the goods is not possible because of the weight or bulkiness as a package, it is sufficient if the customer sends a written demand for redemption of Fa. Ferdous from receipt of the goods within the one-month period.
The customer has to bear the cost of returning the goods if the delivered goods correspond to those ordered and if the price of the returned goods does not exceed an amount of 40.00 Euro (Germany).
Otherwise, the return for the customer is free of charge.
Please do not send unfree back! Prepaid packages will not be accepted by us.
If return postage is payable by us to offer you the return postage will be refunded the purchase price.
4. Subject to availability
Should Fa.FERDOUS notice after the contract that the goods or services ordered no longer at the company. Ferdous is available or for legal reasons can not be delivered, Fa can. Ferdous either offer the same quality and price goods or services or withdraw from the contract ,
Payments already received will be refunded for a cancellation of the contract by Fa. Ferdous or the client immediately Fa. Ferdous.
5.1 Delivery of ordered goods online is basically only after payment.
5.2 Fa.FERDOUS bears the entire risk for damage or loss of goods in transit to the customer. Fa. Ferdous
asks in incomplete delivery or damage in transit to notification within 24 hours.
5.3 If the customer orders a delivery, and this applies not within seven working days after the crediting of the price on the specified account of Fa. Ferdous a, the buyer is entitled to cancel the contract and return the goods to Fa.FERDOUS.
Claims for damages are excluded in this case, unless Fa.FERDOUS cases of willful misconduct or gross negligence.
6. Prices, Payment
6.1 The offered or sold in auction prices fixed price are final.
The costs of transportation are provided with the conditions specified in the individual offers separately invoiced, if from the individual offer not expressly follows otherwise.
6 .2 In the invoice prices on the Ship expelled fare beside the net price of the goods.
7.1 Fa. Ferdous ensures that the products at the time of handover have a somewhat agreed quality and are free of defects, ie that they for the contract presupposed uses are or are suitable for ordinary use and have a texture that is usual with things of the same kind and expect the seller after the kind of thing and / or the announcement of Fa.FERDOUS can ,
7.2 The customer has the goods to check immediately after receipt of delivery for completeness or any deficiencies, so immediately send a notice of defects within two weeks of receipt, and in case of discrepancy.
For hidden defects, the notification shall be made in any case within the warranty period.
7.3 The warranty period is two years. It begins with the receipt of the goods by the customer.
In this period, all defects that are subject to the statutory warranty, solved completely free.
Warranty claims are limited to subsequent.
In the subsequent performance fails, the customer has to choose between an entitlement to withdraw from the contract or reduce the purchase price.
This applies even if a longer warranty period 2 years is granted.
The resignation is excluded if the defect is minor and irrelevant.
7.5 Claims for damages due to defects of the goods are excluded, unless that company. Ferdous concealed the defect maliciously or have a guarantee for the quality of the goods or culpably injury to life, limb or health have emerged.
7.6 is a prerequisite for warranty claims that the defect is not due to misuse or overuse.
If a defect appears only later than 6 months after delivery, the customer has to provide proof that the item was defective upon passage of risk.
Otherwise, it is Fa. Ferdous free to provide proof that the product was free of defects at handover.
8.1 Fa. Ferdous, its shareholders and its employees (If there are) liable in cases of positive breach, negligence in contracting, delay, impossibility, tort and other legal reasons in cases of intent or gross negligence.
In the event that culpable damage to life, limb or health have arisen, in the case of culpable breach of contractual cardinal obligations (main contract obligations) or deceit and in the event of a claim pursuant to § 437 paragraph 2 BGB Fa.FERDOUS liable to the legal extent.
Only in the case of a breach of cardinal obligations the liability for employees of Messrs. Ferdous is limited to the typical, predictable damage.
Indirect damages are excluded. In case of default the business customer has alternatively for damages the right to withdraw from the contract.
8.2 The extent of liability of Fa.FERDOUS under the Product Liability Act remains unaffected.
8.3 The above provisions (7 and 8) enter the full extent of liability of Fa. Ferdous, its shareholders and its employees again. Any further liability is excluded.
9. Choice of law
9.1 the legal relationships between Fa. Ferdous and customers, as well as to the respective terms and conditions German law.
The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.
9.2 The provisions of clause 8.1 shall not affect imperative provisions of the law of the country in which the customer has his habitual residence, without prejudice if and when the customer has entered into a purchase contract, which can not be attributed to the trade or profession of the customer (consumer contract) and if the customer has made the necessary completion of the purchase contract legal action in the state of his usual residence.
10. Any other business
10.1 A right of the customer to offset or withhold does not apply unless the claim is undisputed or legally established in court.
10.2 Place of performance for payments and deliveries at the registered office of Fa.FERDOUS
10.3 If any provision of this Agreement wholly or partly not legally effective or lose their legal validity later, then this shall not affect the validity of the remaining provisions.
In this case, the parties undertake to replace the invalid provision by a valid, the extent legally possible, the objective pursued by the invalid provision considering the economic purpose in this Agreement to the express interest of the parties comes closest.
The same applies if the contract is not foreseen by the parties will continue.
10.4 Exclusive jurisdiction is Offenbach am Main or another legal jurisdiction chosen by Fa. Ferdous, if the customer is a merchant within the meaning of the Commercial Code or a corporation under public law.
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