|[ general terms and conditions ]|
The following general terms and conditions describe and regulate the conditions for commercial transactions of and with Andreas Schneider, hereinafter called Schneiders Buero or Schneiders Laden. In case of legal complications legal jurisdiction is exercised by the Federal Republic of Germany.
Schneiders Buero aim and business is distribution and marketing, which means as much as possible area-wide initiation and realisation of sales as well as promotion, initiation of promotion and marketing at all its particulars for the manufacturer in the whole sales area.
Schneiders Laden sells goods to end-consumers also. In those cases we certainly provide the statutory business obligations as product liability, warranty, sale or return and guaranty. In some cases of the day to day business we overtop these obligations. We reserve the right to refer theses obligations to the manufacturer or supplier. In this case we will observe the fulfilment for the customer.
An order confirmation still can be cancelled by us, if a change in the development of the commercial transaction occurs. For example this can happen if the manufacturer does not deliver, the delivery delays or the quality of the products changes in a significant manner. If the customer has prepaid the goods we will reach an agreement whether the amount of money will be credited for the customer or transferred to the customers´ bank account. Further claims of the customer against Schneiders Buero or Schneiders Laden are excluded.
Payment is requested generally after reception of a payment invoice, if the date of delivery is definitely timed and if there are no explicit limitations of production, which cause a binding reservation to be necessary. In case we recommend a binding reservation by prepayment we ask the customer to wait for our definite information. Any kind of payment is not effective until the full amount of money is on our bank account.
Sales Tax of the statutory amount is included in all prices quoted by us, if not documented otherwise or if not the customer has changed the relevant entries on our web page. Merchants can buy for with net price only if they have an accepted sales tax identification number (VAT-number) and if the goods are delivered to their verified address outside the Federal Republic of Germany or their address outside the EU where no VAT-number is needed.
We induce delivery by order of the customer at his own risk. The transfer of perils for the shipment is transferred at the moment of sending off the goods from the place of dispatch. This is effective worldwide, because there might be laws in other countries which could cause us to become liable for circumstances we do not need to know about.
Checking goods immediately after reciept is highly recommended in addition to report possible damages to the deliveryman / shipping company and/or Schneiders Buero / Schneiders Laden, so that we can find a solution for the problem as soon as possible. Delayed report of transport damages causes exclusion of liability through the shipping company. Default of acceptance is equal to acceptance of shipment.
Any pictures, texts and other advertising material used for promotion is generally our intellectual property. It may only be used, forwarded or copied exempt from charges with our definite authorisation. In case of promotional use our authorship has to be mentioned in a definite way.
Place of delivery and payment is Berlin. Place of jurisdiction for any claim from legal relationship between us and our customers is Berlin. The place of jurisdiction is exclusive for any claims against us. We may claim against the customer at any other legally responsible court of law. This agreement on jurisdiction does not apply for enterprises who are not merchants.
We are not legally liable for any damages of goods which we did not cause or which where unforeseeable. This also applies to any act to complete a contract, which is done by the sellers´ vicarious agent.
Legal jurisdiction is exercised by the Federal Republic of Germany.
Jurisdiction for both parties is Germany.
Berlin, january 2008
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