Conditions of Use
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 Augustin Group GmbH & Co. KG.
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 Augustin Group GmbH & Co. KG 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. Cancellation Right
Return & Refund Policy
You have the right to cancel the contract anytime within 14 calendar days, without further specification of reason.The 14 day cancellation period begins upon receiving the item(s) and this notification by the recipient customer, or a third party named by the customer.To execute your right of cancellation, you must contact us (Augustin Group GmbH & Co. KG, Skandinavien-Bogen 5, 24983 Handewitt, Phone: +49 (0) 4608-973660, Fax: +49 (0) 4608-9736625, Email: firstname.lastname@example.org) giving a concise statement (e.g. by post, fax or email) of your decision to cancel the contract. You can use the attached cancellation form sample, although not mandatory.You can fill out the cancellation form sample or submit a concise statement on our website (http://www.axel-augustin.de/shop2/Formulare/Widerrufformular.pdf) electronically. Using this option, allows us to forward an immediate cancellation confirmation. (E.g. by e-mail).In order to comply with the cancellation period it suffices if you send the cancellation request message before the deadline.
Consequences of Cancellation
In case of an effective cancellation, any payments received by us are to be returned to the customer, including delivery costs (with the exception of any additional fees due to selected delivery alterternatives by the customer, other than our offered standard delivery), within 14 days of receiving the customers cancellation notice.The method of repayment will be the same as used in the initial transaction, unless explicitly stated otherwise; you will not be charged any extra fees for the repayment. We may withhold the reimbursement until we have received the item(s) back or until you have proven the return of the Item(s) otherwise, depending on whichever is the earlier date.You must return the item(s) promptly, latest within 14 days starting on the date of the confirmation of cancellation. The deadline is met if you send back the Item(s) before the end of the 14 day period. You must bear the full delivery fees of returning the Item(s).You only need to pay compensation for value, if the sole cause of deterioration of the item(s) received was the inspection of the respective item(s), or the result of the Item(s) proper use, or if you do not use the item(s) the way you use your own property and refrain from doing anything that would curtail the value of the item(s).
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 Augustin Group GmbH & Co. KG 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