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Conditions of Use
CARBONSTYLE trading conditions 2008
1. General information
1.1 The company Carbonstyle sells and exclusively supplies to their following terms of delivery and sales. Differently hereby expressly one contradicts to reading general trading conditions of its customers. Opposite buyers are obligatory explanations, promises and deviating agreements for right safety reasons only if they are closed in writing. Considerably in each case at the time that of the contract conclusion is the valid version.
1.2 These terms of delivery and sales apply immediately. By the appearance of the current catalog and/or the respective newest price list all past catalogs and/or price lists lose their validity.
1.3 These terms of delivery and sales apply to all contracts, independently of locked between the company Carbonstyle and its customer, whether these entrepreneurs or consumer are. To contracts between us and consumers apply partially special regulations, which are in the following separately implemented in each case. Besides the special information and instructions are to be considered with remote paragraph contracts in this case.
1.4 The company Carbonstyle reserves itself insignificant technical or coloured deviations between the applied and the sold article.
1.5 Consumers in the sense of these trading conditions are natural persons, with whom into business relation one steps, without these a commercial or independent vocational activity can be added. Entrepreneurs in this sense are natural or legal entities or legally responsible unincorporated firms, with whom into business relation one steps and which in practice of their commercial or independent vocational activity to act.
The order of the customer is a binding offer. The company Carbonstyle will confirm the entrance of the order of the customer immediately. The entrance confirmation and/or. the receipt of a telephone order represents still no obligatory acceptance of the order. The company Carbonstyle is entitled to accept the contract offer lying in the order within 3 working-days. The conclusion of a contract takes place under the reservation, the normal and contentwise correct self supply of the company Carbonstyle, so far the wrong and/or. the nondelivery of the company Carbonstyle to represent is not. In case of the availability lacking or the only partial availability of the commodity the customer is informed immediately about it as well as the given achievement at these is returned.
3. Supply and passage of the risk
With consumers the danger of the coincidental fall and the coincidental degradation of the sold commodity with the delivery turns into on the consumer. With the entrepreneur the danger of the coincidental fall and the coincidental degradation with the distribution of the commodity at the carrier, the carrier or otherwise the person or institute intended for the execution of dispatching turns into on the entrepreneur. It stands for the delivery directly, if the customer with the acceptance is in delay.
4. Times for delivery
Ordered if commodity, which is available at the camp, Carbonstyle becomes from the company made immediately ready for dispatch. Ordered if commodity, which does not belong to the constant camp commodity and which the company Carbonstyle calls up directly in our manufacturing plant for the buyer, as fast as possible one supplies. See number 2.
5. Guarantee and objections
5.1 Objections because of more obviously, with buyers of also recognizable lack, must be communicated to the company Carbonstyle in writing within 2 months, by buyers immediate, after acceptance. If this does not happen, then requirements are impossible due to these lack against us. The punctual sending off of the written notice of defects is sufficient.
5.2 The legal warranty laws of the buyer apply. The guarantee period amounts to - so far not for individual products longer guarantee periods with the buyer to be agreed upon - two years starting from delivery of the commodity with new goods and one year starting from delivery of the commodity with used goods. Opposite buyers the guarantee period for used and new goods amounts to one year starting from delivery of the commodity. If the commodity is unsatisfactory, then the consumer can require for its choice NAK ago filling in form of the removal of the lack or the supply of a faultless thing, withdraw from the contract or reduce the purchase price. If the buyer is an entrepreneur, the company reserves itself Carbonstyle to carry first after their choice the rework or replacement out. In case of the failure of the rework or replacement the remaining legal warranty laws remain unaffected. Payment of damages can require the buyer only if the company Carbonstyle has to represent the lack. The company Carbonstyle is entitled to refuse the NAK ago filling if this is connected with disproportionate costs for it only. The guarantee is impossible under the following circumstances: With goods, which were changed, worked on by strange side or eliminated lack without agreement of the company Carbonstyle, it is, the buyer proves that the lack is to due not causally to the change, treatment or the lack; · If the installation is made a framework place authorized by goods outside of, it is, the buyer proves that the lack is to due not causally to the installation.
The company Carbonstyle clings - directly from which argument - limited to damage, which caused it or their executing aides deliberately or roughly negligently or with the injury of obligations substantial for the fulfilment of the contract purpose easily negligently. In cases more easily negligence is the adhesion after the height limited to the damage typical with comparable business of this kind, which was foreseeable with conclusion of a contract or at the latest on committing the obligation injury. Of it expressly excluded requirements from product liability or warranty as well as on adhesion sequences are within the range of body or health damage of the buyer. The company Carbonstyle is responsible only for own contents on their Website. As far as it makes also left the entrance possible to other Websites, it is not responsible for there contents. It makes itself strange contents not too own. If it receives knowledge from illegal contents on external Websites, it will immediately close the entrance to these sides.
7. Retention of title
The company Carbonstyle reserves itself the property at the goods sold by it as well as at all cultivated accessories up to the complete payment her due to the contract which are entitled of the demands. If the buyer is a buyer and if it refers the commodity in the context of the enterprise of its trade, then the retention of title serves the safety device of all demands, which are entitled to the company Carbonstyle against the buyer from the business relations with it. The buyer is obligates the commodity during the existence of the retention of title pfleglich to treat. The buyer has us immediately to inform from all accesses third to the commodity, in particular from execution measures as well as from any damages or the destruction of the commodity. A change of ownership of the commodity and the own change of address has to us the customer to indicate immediately. The customer has to replace us all damage, which results from the offence against these obligations. To be required with behavior contrary to the terms of the agreement of the buyer, in particular with delay of payment, the company Carbonstyle justified from the contract to be withdrawn and the publication of the goods standing under their retention of title is. The buyer buyer is can in the context of a normal business concern the commodity further-sell. The buyer already now surrenders all claims to the company Carbonstyle, whom he acquires with a possible fall or the damage of the reservation commodity approximately third. The claims serve the safety device of the company Carbonstyle. To it the regulations of this section apply accordingly.
8. Prices and terms of payment
The dispatch exclusively takes place against Vorkasse. The prices of the company Carbonstyle understand themselves as net prices plus value added tax, zzgl. Forwarding expenses, tariff, packing costs and insurance. The sinking east are to be carried from the customer to. In case of a revocation by the customer, this has to carry also the return costs, it is the supplied commodity corresponds not to the ordered. The height of forwarding expenses, which the company Carbonstyle computes, results from the product description and/or. from the dispatch information. The set-off with denied and valid counterclaims is not impossible. With delay of payment interests in the height actually developed become, at least however with 5% per annum without prejudice to large rights. over the respective basis interest rate of the European central bank computes. The buyer remains the proof of a lower, the company Carbonstyle of a higher reserving.
9. Area of jurisdiction and right choice
9.1 For all disputes from or in connection with the contracts between the company Carbonstyle and Kaufleuten as well as between the company Carbonstyle and Personen, who do not have their domicile or their usual place of residence in the area of application of the German judicial code, area of jurisdiction is the seat of the company Carbonstyle.
All indicated prices are inclusive of euro-prices the legal value added tax at a value of 19%