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GENERAL TERMS AND CONDITIONS OF BUSINESS 2007, December,14th.
Translated into the english version 2008, January, 10th.
AREA OF APPLICATION
This General Terms and Conditions apply to all purchase contracts which arise when an order is placed at Spielwerk-123.de online-shop.
By sending your order, you agree with our general business-conditions, lawful at the time of the order-award. This conditions are lawful for the area of the European Union.
1. TRADING PARTNER
SPIELWERK-123.de is the INTERNET-STORE of the company SPIELWERK, Knut Eggeling.
Place of Jurisdiction is Germany - 45468 Mülheim.
Your trading partner is Spielwerk, Knut Eggeling, Oberstrasse 99,
D-45468 Mülheim, Germany. In the following text declared in short form as Spielwerk only.
Telephone: 0049.(0)208. 3 17 50, fax: 0049.(0)208. 384 370
E. mail: eggeling@spielwerk-123.de
Owner: Knut Eggeling
Tax-number 120/5056/1855 at fiscal authorities in D-45468 Mülheim
VAT-ID.-No. DE 261 982 416
2. OFFER AND CONTRACT
The contract of purchase between you as customers, and the Spielwerk will be realised by performing the delivery. The purchase contract becomes lawful with your approval, at the latest however by arriving the cancellation deadline after
14-days.
The offers of the Spielwerk are subject to change.
With order, you declare binding, you want to acquire the ordered goods.
By giving deviant conditions by you from our G.T.B.'s, your conditions are invalid in principle.
The German Civil Code applies, exclusively.
3. RIGHT OF CANCELLATION, CONSEQUENCES OF CANCELLATION
YOUR INSTRUCTIONS HOW TO CANCEL
YOUR RIGHT OF CANCELLATION
You can return the goods after delivery within 14 days, without statement of reasons. The date of committal at a package-service or a post office is the valid date to execute your cancellation in time on that occasion.
Our deliveries become valid by accepting the carriage with your signature, or by a person that replace you. Through notification-card of the parcel-delivery person it becomes valid, too. The 14 day deadline for cancellation starts at this date.
Exceptions of your right of cancellation:
– Articles that were personalized for you in your order, or were prepared or manufactured for you, personally. (for example with your name).
– CD´s, CD-ROM's, videos and DVD's, if they are not original-packed or their seals
are broken.
We ask you to perform the return of the goods in the undamaged original package,
sent to:
SPIELWERK
Knut Eggeling
OBERSTRASSE 99
D - 45468 MÜLHEIM AN DER RUHR
CANCELLATION - CONSEQUENCES
The mutually received performances are in case of an effective cancellation to be granted back. The goods and the services received by both parties must be returned and any benefits, for example interest, which are gained must be repaid.
Can you the performance and the goods received from us, not, or only incompletely, or only in a worse condition, return, you are indebted to achieve the substitute of value if occasion arises.
Any time you have the right to test the goods like it is approximately possible in a business store. It is important to the avoidance of substituting value, that you don't take the goods in use, like your property, and everything omit to impair its value.
( for example: directly UV-light, contact with saliva, wetness, nicotine-smell, filth and so on.) If the product comes in a worse condition by testing in a correct manner, you are not indebted to achieve the substitute of value. Products which can be sent in a package should be returned. The risk for transportation the returning goods is ours. Products which cannot be sent in a package will be collected from you.
You must pay the costs of returning the goods if the delivered goods corresponds to the ordered goods and if the price of the product which is to be returned is not more than 40 Euro, or if, in event of a higher price of the product when you cancel you have not effected the payment or a contractually arranged part-payment
Otherwise, the return is free of charge.
4. DELIVERY AND SHIPPING-COSTS
TERMS OF DELIVERY
Normally, the shipping of your order takes place from entrance of order, within 7 working days, availability provided. Please keep it in mind that seasonal bottlenecks before Christmas can occur. Please calculate a time of 10 days for the delivery period.
If one or several articles are not available, we are justifiable to sent part-deliveries. In this case we inform you by e-mail. The delivery note informs you about the expected date of delivery for the lacking articles. The articles that were supplied later are FREE OF CHARGE for you, with exception of bulky goods.
Furniture possibly have a delivery period up to 6 weeks. Orders containing one or several bulky goods and additionally one or several smaller articles were treated as two separate orders. Example: A wardrobe and a small tube soap bubbles, together over the limit of free shipping, cause the wardrobe is covered with a freight-installment as bulk freight anyway, the second article must be covered with freight also.
Please take note of this.
Our deliveries become valid by acception the carriage with your signature, or by a person that replace you. Through notification-card of the parcel-delivery person it becomes valid, too.
Strikes, political unrests (also in producer-countries) or an act of God excuse the Spielwerk from every promised obligation. Of course, we inform you about such a disturbance. If the end of the disturbance is not to be foreseen, or lasts longer than two months, each contract-party entitles to resign from the contract.
This has to be done in a written way.
DELIVERY TO ANOTHER ADDRESS
It is possible to get your order to a separate address you requested for. If you like to send a gift or a SPIELWERK-GIFT-VOUCHER, you have to inform us about the destination during the order-process. In this case you get the invoice, the gift will be delivered to the recipient.
It is possible to select a gift-package as well as a greeting card for your regards. Your order will be packed as gift, delivered to the recipient together with your greeting-card. Please notice the description of the articles to see whether a gift-package is possible or not.
The delivery will be executed by a package-service to the delivery-address boasted by you upon your order. We execute deliveries only at a determined date you have advised to us UNDER RESTRICTION.
Of course, you also can take this service for a second delivery address to your working area.
SHIPPING-COSTS GERMANY
We calculate for shipping 4,90 € each package, if your order is lower than 40.00 €.
This amount accrues only once per order. Additional deliveries of goods that were not available before are free of charge for you. There is a minimum-value of 20,00 € for your order.
Your order-value is more than € 40,00, the shipping reduces to totally 2.90 € each package. At an order-value more than 80.00 €, shipping is FREE OF CHARGE.
The delivery of furniture and other bulky goods are always unfree and will be invoiced after expenditure. Bulky goods are marked in the shop.
An order of not bulky goods cannot combined with bulky goods in order to meet the limit of charge free. These orders will be handled by us like two separated orders.
The costs of bulky goods have to requested before you order, otherwise we can´t perform your order.
SHIPPING-COSTS FOR RETURNS WITHIN 14 DAYS AFTER RECEIPT,
SEE INSTRUCTION OF CANCELLATION. (3)
SPIELWERK HINT ! Order with friends or relatives. So you can share shipping-costs or completely can save.
SHIPPING-COSTS FOREIGN COUNTRIES
- Shipping-costs for the European union: € 14,00 per package until 20 kg
- Shipping-costs for Switzerland and Liechtenstein: € 22,00 per package until 20 kg
- Shipping-costs overseas and Non-EU-States: € 35,00 per package until 10 kg
- The delivery comes in one message.
- The delivery period can amount until 3 weeks, availability presupposed.
- Delivery of bulky goods or furniture outside of the FRG: only on inquiry.
5. PAYMENT
You can pay:
- bank-transfer within 14 days after receipt of the goods.
- Credit cards, we accept: VISA, Eurocard, Mastercard
- GiroPay
- Cash in advance
- In case your residence is not in Germany we accept payments per credit card over Moneybookers, Paypal, or cash in advance or advance-remittance, only.
- The payment is to achieve in Euro.
A packing list is always enclosed to the delivery, so you can control the content of the delivery.
If you should have gotten the goods in open invoice and you not to have paid before delivery, the invoice is to be settled within 14 days after receipt of goods.
The date of delivery corresponds to the date of the invoice.
All demands are due by accepting the delivery. You get in delay 14 days after maturity automatically.
A former delay, after the legal rules, is untouched from this.
The Spielwerk is justifiable to take € 3.00 for each reminder and to calculate the damage of delay in height of 8 percent a year. We keep the right for ourselves before to detect further damages of delay.
Credit Card Payments are due, immediately, with depositing the order.
The first order will be delivered after receipt of the cash in advance register or after receipt of the payment by credit card.
At an order-value of your first order under € 25,-- the second order will be delivered against pre-cash register, also. This is applicable to further orders under € 25,--, also, provided you don´t have given higher orders before.
Only German Civil Code is to apply. The UN Trading Code finds no application.
6. TAXES
All prices contain the valid V.A.T. of 19 % percent or the substitute V.A.T. of 7%.
If your residence is not in Germany you have to pay these V.A.T, also.
7. RESERVATION OF PROPRIETARY
The delivered goods remains our property until complete payment. The delivery-date corresponds to the date of invoice.
8. WARRANTY
You have 2 years of guarantee on goods bought at Spielwerk-123.de.
Provided the ware was appropriately in use and was treated carefully. We keep a decision of guarantee for ourselves before. The time of guarantee begins with the day of the delivery. The guarantee doesn't include wear-parts.
For free additions, no claim insists on guarantee or exchange. Please establish contact with us in every case previously. Email to kontakt@spielwerk-123.de
9. CLAIMS
Please test the ware after receipt. If you should determine lacks of the ware, you please immediately inform us, email: info@spielwerk-123.de.
Masked lacks, that immediately are not recognizable, are after discovery told immediately, also. Of course you can do this per letter or fax, too. Transportation-damages, are generally recognizable to show the carrier instantaneously (with delivery).
Damaged cartons are to be controlled on wholeness and condition of the content in the presence of the carrier. Please notes extensively and legibly on the letter of receipt from the end-supplier the condition of the goods, signed by the carrier, too. Even if the driver pretends not to have any time for it. Afterwards, you inform us immediately. Email kontakt@spielwerl-123.de.
Damaged cartons with the uncritical accept by customers become the property risk of the buyer otherwise.
Please don´t accept incomplete deliveries. If the delivery consists of several packages, so that is noted on each individual package. For example: package 1 out of 3, 2 out of 3, 3 from 3.
In case your claim is correct, the Spielwerk decide to replace the damage for free or to deliver free substitute. The Spielwerk doesn't take over any liability for consequences of damages.
The Spielwerk doesn't take over any liability in case of the ware is damaged by inappropriate, improper or faulty storage or wrong treatment.
Every warranty claim not further exists, if constructive changes are performed at the goods. The SPIELWERK is entitled to exchange only the defective parts or to repair the goods as well as, if only a part of the product should be defective.
10. LIABILITY-REMIND
We don't take over any liability for the contents of external web sides.
Responsible for the contents of other web sides is the operator, exclusively.
11. JURISDICTION
Place of Jurisdiction is Germany - 45468 Mülheim.
The German Civil Code is to apply. All other codes of trading don't find any application.
12. COPYRIGHT ©
Copyright by SPIELWERK, Knut Eggeling. All rights reserved. All copyrights and other rights to all illustrations, texts, software, web site design, and other materials, are property of the Spielwerk, Knut Eggeling, or the titles are with our suppliers.
A professional application or copy is forbidden. In the case of false application, Spielwerk is entitled to require money for the time period of the utilization.
13. FINAL CLAUSE
If a clause or regulation of this contract, or this terms and conditions of business is complete or partially ineffective, so the effectiveness of the other regulations from this is unaffectedly. This whole or partially ineffective regulation should be replaced so that economic idea and the success of the ineffective regulation will be preserved.
IMPRINT
SPIELWERK-123.de is the INTERNET-STORE of the company SPIELWERK, Knut Eggeling.
Place of Jurisdiction is Germany - 45468 Mülheim.
Your trading partner is the Knut Eggeling, Oberstrasse 99,
D-45468 Mülheim, Germany.
Telephone: 0049.(0)208. 3 17 50, fax: 0049.(0)208. 384 370
email: eggeling@spielwerk-123.de.
Owner: Knut Eggeling
Tax-number 120/5056/1855 at fiscal authorities in D-45468 Mülheim
VAT-ID.-Nr. DE 261 982 416
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