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| Conditions of Use |
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§ 1 Scope of application Commercial relations between Sittenauer u. Schönweitz GbR, Tölzer Straße 31d, 83607 Holzkirchen, Germany (hereinafter Silent Decay)and the customer shall be governed exclusively by the following terms of business, in their currently valid version at the time or ordering. Any differing conditions applied by the customer shall not be acknowledged, unless the said conditions have been confirmed by us in writing. The place of performance for the completion of payments shall be the registered office of Silent Decay in Holzkirchen, Germany. Place of jurisdiction is the local court in Miesbach, Germany.
§ 2 Conclusion of contract The contract shall become effective upon the acceptance of the order, which shall be notified to the customer by E-mail.
§ 3 Shipping and payment See Shipping & Returns.
§ 4 Right of cancellation 1. Under the terms of §§ 355, 356 BGB you shall be entitled to cancel the contract concluded within two weeks by means of written notification (e.g. by letter or E-mail), with no statement of grounds, or by the return of the goods concerned. The above time limit shall commence with effect from the receipt of goods, but no earlier than the receipt of the instruction described above. The application of this time limit shall be secured by the prompt dispatch of notice of cancellation or by the prompt return of goods. Cancellation shall be notified to the following:
Sittenauer u. Schönweitz GbR Tölzer Straße 31d 83607 Holzkirchen Germany
2. Consequences of cancellation: Where cancellation takes effect, the mutual return of goods and services shall be undertaken and any charges in respect of the utilisation of goods (interest charges) shall be subject to restitution. Where you are unable to return all or part of the goods, or where the goods can only be returned in imperfect condition, you shall be required to pay compensation in respect of the lost value of the goods concerned. Loss of value can be avoided if goods are treated as though they were not your own property, and every effort is made to avoid any treatment of goods which will impair their value. Goods under a total value of 40 € or goods not already payed for may be returned to us at customer's expense and risk. Goods to a total order value of 40 € or more, and which are suitable for posting, may be returned to us at our expense and risk. You are requested to frank the packages concerned, and the cost of postage will then be refunded to you. We will not accept any packages which are returned unfranked.
§ 5 Subsequent delivery Where a given product is currently unavailable, the order submitted for the said product shall remain in force until the latter becomes available once more. The customer shall be notified to this effect. The missing goods will be dispatched at the earliest opportunity. The customer shall be notified of this dispatch. If the customer does not wish goods to be delivered at a later date, they may give notice to this effect at the time of ordering or at a later stage. In this case, the customer will be required to re-order the goods concerned.
§ 6 Special offers Special offers shall only be valid for the period indicated, and shall be subject to the availability of the goods on special offer.
§ 7 Retention, offsetting The exercise by the purchaser of rights of retention or offsetting shall be subject to the confirmation of the legal validity of the purchaser's counterclaim or to the demonstrable acknowledgement of the latter on our part. The purchaser shall only exercise a right of retention in accordance with entitlements arising from their existing contractual relations
§ 8 Retention of ownership Goods delivered shall remain the property of Silent Decay pending the completion of full settlement in respect thereof by the customer.
§ 9 Guarantee and liability Where the customer lodges an enforceable claim in respect of defective goods, we shall, at our discretion, either repair or replace the goods concerned. If, for whatever reason, repair or replacement is not possible, the customer shall be entitled either to receive a reduction in the purchase price or to withdraw from the contract. We shall only accept liability for defects in goods as supplied. Compensation claims against ourselves or our agents, on whatever legal grounds, excepting claims in respect of injury to the life, person or health of the injured party, shall be excluded. The above provision shall not apply in case of damage arising from wilful action or gross negligence. Liability shall not be excluded where goods purchased are used in accordance with instructions. In case of inconsistencies in the Online Shop, the basis of reference to be considered shall be the German text and the prices indicated in Euros (€).
§ 10 Safeguard clause Should specific provisions of the contract, including the present provision, prove to be wholly or partially ineffective, or in case of an omission in the said contract, the validity of the remaining provisions or parts thereof shall not be affected.
Agreement of place of jurisdiction with EU customers Contracts concluded with legal or natural persons, or with undertakings under the terms of mercantile law, whose residence or registered office is located within a Member State of the European Union shall be governed by German law. In respect of these contracts, the place of jurisdiction shall also be the local court in Miesbach, Germany.
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