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Terms and Conditions
1. General / conclusion of contract
1.1 sales come only through a written order confirmation or acceptance of the goods shipped by the customer.
1.2 Transfers of rights or obligations under the purchase agreement requires the written permission of Axel Augustin.
2. Prices and payment conditions
2.1 For the delivery, the prices of our current price list at the time of order or order confirmation.
2.2 Our prices do not include shipping costs in writing unless otherwise agreed.
2.3 For new customers we ship via COD or prepayment. For customers
with customer number and orders over € 200.00 inc VAT, we reserve the
payment way. Our invoices must be paid within 14 days after the invoice
date and net without deductions. Payment shall only be effected when
the company Axel Augustin on the amount. In case of delayed payment we
are entitled to charge default interest at a rate of 3% above the
Bundesbank discount rate to calculate. Bills or checks are by
appointment only and received as conditional payment, and apply only
after they have been redeemed as payment. Discount and collection
charges shall be borne by the purchaser. For the timely submission, we
assume no liability.
2.4 If the buyer the goods are not sold, so we are entitled,
either in acceptance of or 10% of the purchase price as a flat-rate
claims and to demand reimbursement. In the case of an exceptionally
high damage, we reserve the right to make this claim.
2.5 retention to the buyer only to the extent its counterclaim
is based on the same contractual relationship. Offsetting the buyer is
excluded, unless the contrary claims of the customers are legally
established or recognized by us.
3. Delivery time
3.1 The agreed delivery period begins with the date of order confirmation.
3.2 The delivery period is extended, if necessary, for the period to which a supply of a supplier to us delayed.
3.3 delivery delays caused by legal or regulatory measures (eg
import - or export restrictions) causes are beyond our control.
Beginning and end of such obstacles, we will in important cases the
customer as soon as possible.
4. Delivery, shipping, transfer of risk
4.1 Partial deliveries are for payment obligations, transfer of risk and warranty obligations as separate deliveries.
4.2 The Dispatch, the dispatch and the dispatch with the
responsible company, we can after we determine if the purchaser has no
specific instructions.
4.3 The risk passes to the purchaser as soon as the shipment of
the products delivered by the carrier to the buyer is passed. This is
true regardless of who bears the costs. The buyer has both obvious and
observed damage in transit to the shipper or carrier immediately to
complain, and then tell the seller to claims against the seller to
claim them.
5. right of rescission
5.1 If you act as a consumer, you can cancel your contract
declaration within one month without giving reasons in written form (eg
letter, fax, e-mail) or by returning the goods. This cancellation, we
shall send you again separately in text form. The period begins on the
day after you apply the product and the revocation information in text
form. In order to safeguard the withdrawal period is sufficient to send
the withdrawal or the merchandise.
5.2 The revocation must be sent to: Axel Augustin, Managing
Director: Axel Augustin, Oeverseering 7, 24893 Haurup,
info@axel-augustin.de, fax 04630-93061
5.3 Consequences of cancellation In the case of an effective
cancellation the mutually received benefits returned and possibly towed
uses (eg interest) surrendered. Can you give us the goods wholly or
partly or only in a deteriorated state grant, you must contact us if
necessary value. This does not apply if the deterioration of the
product exclusively on their examination - as you have about you in a
shop would have been possible - or the intended Ingebrauchnahme4 of the
product imported.
5.4 In case of our risk return. Not parcel things do you pick.
You have the cost of returning to bear if the delivered goods ordered
and if the price returned the case of an amount not exceeding 40 euros
or if you are at a higher price the thing at the time of the revocation
yet the payment or a contractually agreed installment terms. Otherwise,
the return for you free of charge. Obligations to reimburse payments
must be made within 30 days after sending your cancellation.
6. Grace redemption
6.1 After the two week withdrawal period, a withdrawal only when
goods demonstrably wrong delivery. In exchange, redemption or credit
request, which caused the company Axel Augustin is not responsible,
there is a settlement only after written confirmation by the seller.
Basic condition for this is the quality of the goods and salable
condition. The anticipated refund amount results from the time of
receipt to be achieved re-sale price, less a cancellation / processing
fee of 10% of the invoice amount.
7. Retention of title
7.1 We reserve the ownership of the goods until payment in full of
all demands from the supply, including ancillary claims (eg shipping)
before. For breach of contract of the customer we are entitled to
reclaim the item purchased. In the back as well as the seizure of the
reserved matter, there is no cancellation of the contract.
7.2 In the case of seizure or other interference by third parties, the Purchaser immediately in writing.
7.3 Any processing or transformation of the item purchased by the
customer is always for us. If the purchased goods with others who are
not our property, we acquire co-ownership of the new object in relation
to the value of the goods to the other processed objects at the time of
processing.
7.4 If the goods with others, not belonging to us mixed up, we
acquire co-ownership of the new object in relation to the value of the
goods to the other mixed case at the time of mixing. Is the cause of
your obligations as a purchaser, the purchaser to transfer ownership
proportionately.
7.5 The Purchaser is entitled to the goods in the ordinary
course of business. But it is already now all claims against his
customers or third parties arising from the resale in the amount of the
invoice final amount to us.
8. Warranty / Disclaimer
8.1 We grant for a period of 6 months from date of delivery that
the goods in accordance with the current state of the art free of
defects. A liability for normal wear and tear is excluded. Second-hand
goods is the exclusion of any warranty sold.
8.2 No warranty, we assume for defects and damages resulting
from improper or inappropriate use, failure to comply with application
instructions or faulty or negligent treatment arose.
8.3 Obvious defects must be reported immediately, but no later
than ten working days after receipt of delivery in writing, failing
which all claims for defects is excluded. In the commercial transport
sector, supplemented by § § 377, 388 HGB.
8.4 Where a deficiency of the purchased goods, we are at our discretion to remedy the defect or entitled to compensation.
8.5 Are we ready to replace supplies or not in a position to
propose the replacement or remedial fail at least once or replacement
or remedial unreasonable for the buyer, the buyer at his discretion be
entitled to rescind the contract or a reasonable reduction of the
purchase to demand.
8.6 Unless otherwise expressly agreed upon, further claims of
the buyer - for whatever legal reason - are excluded. We are therefore
not liable for damages that are not in the delivered goods immediately
arose, in particular, we are not liable for lost profits or other
financial damages of the buyer. The foregoing exemption shall not apply
if the damage, gross negligence or lack of a guaranteed property,
violation of contractual obligations, performance, default,
impossibility, as well as claims under § § 1,4 of the product liability
law is based.
8.7 The settlement of warranty claims, please follow the
instructions in our current, each enclosed return delivery and service
information.
9. Resignation and compensation of non-executed orders
9.1 We may cancel the contract if we have a payment adjustment,
the opening of bankruptcy proceedings or courts, rejecting the absence
of mass bankruptcy, bills or checks protests or other concrete evidence
about the deterioration in financial circumstances of the buyer are
aware.
9.2 If we cancel the contract or if the order is not executed by
the customer, the customer has us for our expenses and lost profits of
a flat-rate compensation of 10% of the purchase price to pay. The
lump-sum compensation reduces itself to the extent that the customer
can prove that damage or expenses not incurred. In the case of an
exceptionally high damage, we reserve the right to make.
10. Use of customer information
10.1 The provisions of the Federal Data Protection Act are respected. Further information is available on request.
11. Export permit
Possibly for the export of the goods supplied the necessary
approvals from the Federal Office of Industrial Affairs in Eschborn /
Taunus are from customers in their own name and at his own expense. The
refusal of such an export permit does not entitle the customer to
rescind the contract.
12. Jurisdiction, Partial Invalidity, Applicable Law
12.1 In business transactions with merchants that are not part of
§ 4 HGB are designated professionals, and legal persons of public law
is jurisdiction for all disputes arising out of the contract resulting
litigation, including bills and checks Flensburg agreed, we are also
entitled to the seat of the Customer.
12.2 Should any provisions of the Supply Contract or these
General Terms and the remaining provisions remain effective. In the
cross-border supply transport is governed by German law.
13. Notice to participate in the liberation of the land system AG Bell
Regarding the first of us filled with goods to private consumers
and delivering sales packaging is our business to ensure the
fulfillment of our statutory obligations under Section 6 VerpackV the
operating nationwide return system of land Bell AG, Mainz, (Customer
ID: 4103646) is connected. See www.landbell.de
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Customer group:Guest
All prices incl. Sales tax
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