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General terms and conditions of the company Divers In GmbH
I. Field of application
For the commercial relation between the customer and the Divers In GmbH, (subsequently named Divers In) the general terms and conditions are valid in the setting valid to the time signing the contract. Deviations need the written form. Divers In reserves the right to change these terms of trade. The commercial relation and the business transaction are subject to the right of the Federal Republic of Germany and is hold in German language,
II. Conclusion of contract
1. The contract is reached after the customer's offer with dispatch of the confirmation by the Divers In. The confirmation is sent electronically as e-mail. At taking an order by telephone, the confirmation of an order can also take place by telephone in exceptions. With other forms of the order, the confirmation of the order can take place through carrying out the delivery.
2. The customer is responsible for the statement of the complete and right delivery address with electronic order. An electronic conclusion of contract is not reached if the customer cannot be reached with the confirmation of the order.
3. With spelling and legal mistakes, error and/or other alterations of the web site the Divers In is not obliged to confirm or carry out the order.
4. A least order value doesn't exist.
5. Legal domicile is the headquarters of the Divers In.
III. Payment
1. All offers are subject to change. The pricing is in Euro and includes the legal mandatory value added tax plus shipping expenses.
2. The prices stated at the time of the order are valid. Special prices are valid only with particular agreement.
3. The price is due with transfer of the object of purchase and delivery or sending of the bill.
4. In case it is arranged that the amount invoiced should become debited or withdrawn, this takes place at the earliest on the day of the delivery.
5. The buyer can only then charge with counterclaims if the buyer's counterclaim is undisputed or a final title is available. The buyer can make a lien only current as far as it is based on claims from the sales contract.
IV. Delivery and delivery period
1. Date of delivery and times of delivery which can be agreed binding or not binding, is to be declared in writing.
2. The shipping takes place preferentially through the Deutsche Post AG if applicable also through other parcel services. All standard products are delivered as soon as possible. With delivery postponements, the customer is informed instantaneously.
V. Shipping expenses
For package and shipping the quoted prices are charged. At part deliveries the shipping expenses are charged as if a total delivery had taken place.
VI. Taking
1. The buyer is obliged to take the object of purchase. The obtained merchandise is to be checked immediately for completeness and correctness from the buyer. Obvious imperfection is to be complained about without delay to the company Divers In in writing. Externally damaged shipments are to be shown immediately to the parcel service.
2. With non-taking of the delivery the Divers In can make use of its legal rights.
3. If the Divers In makes use of its compensation rights, so amounts this to 10 percent of the purchase price, at least an expenditure allowance of 10,00 € plus the shipping expenses and COD fees of the deliverer.
VII. Shipment abroad
With deliveries abroad the shipping is done only after the payment is received.
VIII. Proprietary rights
1. The object of purchase remains property of the Divers In until the complete balance of the demand. This is also valid with current commercial relation.
2. With default of payment by the buyer, the Divers In can withdraw from the sales contract.
3. As long as there are the proprietary rights the buyer can neither own the object of purchase nor arrange third parties contractually utilisation.
VIII. Liability
Manufactory defects are regulated by law. Manufactory defects are regulated by law.
IX. Cancellation right
The buyer can cancel his contract without statements of reasons in text form or through return of the matter within two weeks. The period begins at the earliest with receipt of this instruction.
To the safeguarding of the time limit of the cancellation the punctual sending is sufficient.
The cancellation is to be directed at:
DIVERS IN GmbH
Untere Marktstraße 4
71634 Ludwigsburg
Tel. 07141/923261
Fax 07141/926299
info@diversin.de
X. Cancellation consequences
In case of an effective cancellation the received performances have to be back-granted on both sides.
If the customer cannot back-grant the received performance completely or partially or only in worse condition, so the customer has to provide compensation for lost value if necessary.
Used or partially worn out merchandise is excluded from the return.
Postable merchandise is to be sent back. With a return from a delivery, whose tillage value amounts to until 40,00 € altogether, the buyer has to carry the costs of the return if the delivered merchandise corresponds to the ordered one.
Otherwise the return is free for the customer.
XI. Return privilege
The customer can return the received merchandise without statements of reasons by returning the goods within two weeks.
The period begins at the earliest with receipt of the goods and this instruction. To keep the prescribed period of time the return of the goods or the written cancellation request is sufficient. In every case the return takes place at the expenses and risk of the Divers In.
The return or the cancellation request is to be directed at:
DIVERS IN GmbH
Untere Marktstraße 4
71634 Ludwigsburg
XII. Return consequences
In the case of an effective return the received performances have to be back-granted on both sides and if necessary the drawn benefits from utilisation.
With a deterioration of the goods compensation for lost value can be required.
This is not valid, if the deterioration of the goods is exclusively due to their examination, as it would have been approximately possible in the store.
Otherwise the buyer can avoid the compensation for lost value by not using the goods like an owner and refrains from everything which impairs their value.
XIII. Protection of data privacy
Reference § 33 BDSG:
The text of the contract is stored and is accessible for the customer. The customer's data are stored electronically with the order and processed accordingly with the Divers In. The Divers In assures that the customer's data are not passed on to third parties and are not used for unwarranted purposes.
In accordance with the data protection act, the buyer has the right to obtain information about those of stored data and, on proposition, the right of deletion of the personal data.
XIV. Place of litigation
For all present and future claims from the relationship with customers including change and check demands the exclusive place of litigation is the seat of the Divers In, D-71634 Ludwigsburg.
The same place of litigation is valid if the buyer doesn't have any general place of litigation within the country, transfers his residence or usual residence from the inland or his usual residence is not known at the time of the entering an action.
Otherwise the residence of the buyer is regarded as place of litigation with claims of the Divers In towards him.
Valid from: 01.02.2008 |
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