Terms of business
(Allgemeine
Geschäftsbedingungen
AGB) for private customers of the company GSF, status May 2006.
1.
Validity of the terms of business
All deliveries or services brought to you by GSF are based on the
terms of business (AGB) below. Differing terms only become valid
if they have been confirmed by us in written form. These terms
of business are only valid for our private customers. For these
we apply
the regulations of the customers protection, the guidelines for
e-commerce and the Bürgerliche Gesetzbuch in the version effective since
01.01.2002.
2.Conclusion of an agreement
By the following points your orders will take a normal course:
Our offers in the internet or in print medias are just a non-commital
opportunity for you to order our goods. A real contract will
be reached, when you send a written request for a certain amount
via
e-mail or
when you order by this way. This marks for us your request for
a conclusion of an agreement. We accept this request by sending
a confirmation
to you within 3 calendar days or by bringing the goods on the
way to you. You can make your orders via our homepage. The request
for a contract is accepted by the way described above. Before
you
finish
your order, you will be asked to check or maybe correct your
datas. In every case our products stay subjects to being sold,
when we
advertise them on the homepage or in print medias, and they are
under the proviso
of self-delivery. Please notice, that informations given by our
employees on telephone do not represent a guarantee for the condition
or the
durability of our products. We comply with § 312c Abs. 1
No. 1 BGB in addition with § 1 of the Verordnung über
Informationspflichten bei Fernabsatzverträgen with regard
to the prescribed informations about the products you can order
from us and the contract on which
the deal is based.
3. What should be noticed with regard to the
delivery?
First we would like to point out to the fact, that the delivery
deadlines we give you are only approximate dates. We are only
liable for disadvantages
caused by a delay if we are responsible for it. You may only
claim financial compensation instead of service or delivery if
you have
asked for fulfillment of services within an appropriate period
of time and if we or one of our employees have acted grossly
negligent. Under this circumstances you also have the right to
withdrawal.
We
hope you understand, that delays in delivery may be caused by
force majeure. This includes government intervention, natural
disasters,
wars, riots, strike of outside suppliers or transportation businesses
and other circumstances out of our responsibility. In this cases
we are entitled to send on later to you as soon as the problem
has ceased. Of course we accept it, when you want to withdrawal
from
the contract if one of the reasons above has caused a delay in
delivery of more than three months. In this case we are also
entitled to withdrawal
from the contract. We would like to assume that by this means
the state of interests between you and us is regulated in an
appropriate
way, and therefore we would like to exclude further claims. You
as the customer take the risk for damages or loss of the goods
on the
way to you. Please let us know when our goods not have been delivered
or when something was not allright with it.
4. How can you pay?
To avoid trouble we make clear statements about prices and terms
of payment. The relevant prices are those you find on the day
of your order. All prices are gross prices in EUR and include
VAT.
In dispatching we comply with your wishes. We offer you the
following model for the products ordered by you: First there
is the standard
delivery. You will receive your articles one or two days after
they have been handed to the mailing company by us.
With the way of delivery described above we assume that the
assembly and installation of the concerning goods is made by
you and that
the delivery takes place within Germany.
The currents prices for delivery you can find on our website.
These costs are noted seperatly with every order. Basically,
a delivery
payed for in advance is not insured whereas a cash on delivery
is insured. If you pay in advance, the goods will be send to
you as
soon as the amount is credited on our bank account.
5. What is to be done if there is something wrong with the
articles delivered by us?
Of course we will do everything to solve the problem in respectful
cooperation with you. We hope, the following process will work
to your satisfaction: If the goods, delivered by us are defective
or
if they do not work in the guaranteed manner, then we are obliged,
according to your choice, to repair the defective article or
to send you a new one. If a repair should not be effectice
or if the
new
delivery does not reach you within an appropriate period of
time, then you have the right to demand a reduction of the
price or
to withdrawal from the contract.
Please send us immediately a note of there is something wrong
with the articles, so that we can remedy the fault as soon
as possible.
If a defect does not become visible after a careful inspection,
then you can inform us in written form immedialety after you
have noticed
the defect, but not later than two years after receiving the
articles. You can only demand financial compensation instead
of a new delivery,
if we have acted in gross negligence, if we have violated your
rights, if we have willfully deceived you or if we have caused
in gross negligence
a harm of your life, your body or health. We offer a warranty
of two years for our goods. Before you can claim a warranty
and in
order to avoid legal complications you are obliged to place
the concerning
article at our disposal. We have the choice to inspect the
article at your home or to ask you for a delivery to us or
to a third
person. If you refuse cooperation in this regard, we are released
from
warranty. Of course you will understand, that we do not take
responsibility for defects that are caused by external influences
or by wrong
operation.
6. Tranfer of property
As businessmen we are interested in transfering the property
of our goods to you as soon and as uncomplicated as possible.
On the
other
hand we have to take precautions for the case, that payment
is not made in time for whatever reasons. In this regard
we would
like to
draw on the following regulations:
All our services and goods brought to you as cash on delivery
are subject to provisio of property. Only if you have payed
the full
amount the right of property is transfered to you and we
are not allowed to demand a return of the delivered goods.
We may permit explicitliy a further sale, if you transfer
in advance all claims against third persons in full amount
as
security for
or claims against you, and if we accept this transfer. Futhermore
we
have to ask you to give a written notice, if a third person
has become access to the delivered goods or to the claims
that have
been transfered
to us.
You have also to inform this third person that the delivered
goods under the cirmcumstances above are still our property.
Finally,
you are obliged to insure the articles on your own costs
against any
sort of damage, especially against fire, water, burglary
and theft, as long as the goods have not become your property
and
you have
to allow us to take a look into the insurance policy. Claims
towards the insurance company are also transfered to us.
A customer of GSF may not have free usage of the delivered
goods if he or she is in delay with payment or stops payment
completly
or if he or she is subject to legal insolvency.
In this case we have the right to withdrawal from the contract,
to demand a return of the goods in possession of the customer
or to
cancel the permission for a further sale.
We also have the right to ask for information about the persons
who have received goods that are still our property, to ask
for insight
into the transfer of claims and to cash the claims.
7. Right to countermand
According to the law §§ 355 unto 359 BGB you have the right
to countermand in business affairs with GSF.
Therefore you have to act in the following way: You have
to announce your right to countermand in textform or by
sending back the
goods. The mentioned right to countermand can be realized
within
two weeks.
This period of time begins as soon as you have received
the goods and as soon as we have fulfilled our obligation
to
inform you
according to the regulations for information in the Bürgerliches Gesetzbuch.
You have met the deadline if you have send the countermand
or the articles before the two weeks are over. The return
of the
goods
as countermand or as an effect of the countermand is made
on our costs.
We take it for granted that you choose one of the common
forms of delivery, as e.g. the standard parcel.
We may ask you to refrain from unfranked returns even under
the guidelines of customers protection. We will refund
your costs
according to the
legal regulations. Please take care, that goods sorted
out for return are complete (inkl. all parts, owners manual
etc.)
and
in original
packaging, inkl. adequate wraping for transportation, when
send back. Finally we would like to point out, that you
have to compensate
for
any diminishing in value that has taken place by a propriate
usage of the delivered goods. Therefore you may reasonably
consider the
opening of the articles, if you are not sure whether you
want to keep them. An obligation for compensation does
not exist
even after
the two weeks and even if the goods are in original packaging
8. Data protection
We take data protection really serious. Therefore we decribe to you
in detail, what kind of personal datas we need from you and what
we need them for. First of all you can get to know our offers and
services without giving any personal datas. You do not need to
register for that. If you like to make a contract with us, then
we need the concerning datas in oder to organize the purchase.
In addition we register the time of logging in of your registration
for your own security. The datas you send us when logging in will
only be used for the deal with our company. You give your approval
for that when logging in. We will not give any personal datas to
third persons without your consent. Please note, that a deletion
of datas will only take place, after all parts of contract have
been fulfilled and if the customers account is balanced.
9. Final clauses
We would like to make a contract with you according to the German
law. We exclude the validity of UN-purchase law. Finally we would
like to point out that the contract as a whole is not touched if
one of the paragraphs of this regulation or of the concerning contract
becomes ineffective, and that we try to maintain the contract with
you.
Fa. GSF, Im Katzenbungert 6,
D 50129 Bergheim
