| General terms and conditions |
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§ 1 Area of application & defensive clause (1) for the legal relations reasonable about this Internet shop between the operator of the shop (in the following "supplier") and his customer are valid exclusively the following general terms of business in the respective version at the time of the order. (2) Divergent general terms of business of the customer are rejected. These become effective only if they are confirmed by the supplier expressly in writing.
§ 2 Realisation of the contract (1) The presentation of the goods in the Internet shop shows no binding offer of the supplier on end of a bill of sale. The customer is merely asked through this to deliver an offer by an order. The customer an obliging offer delivers (2) by sending the order in the Internet shop directed on the end of a bill of sale about the goods contained in the goods basket. With sending the order the customer also recognises these terms of business as for the legal relationship with the supplier alone decisively. (3) of The suppliers confirms the entrance of the order of the customer by sending of confirmation-e-mail. This order confirmation does not show yet the acceptance of the contract offer with the supplier. She serves merely the information of the customer that the order has come with the supplier. The explanation of the acceptance of the contract offer occurs through the delivery of the product or an explicit notice of acceptance.
§ 3 Cancellation right for consumption for the purposes of §13 Civil Code cancellation instruction: Cancellation right you can revoke your contract explanation within 2 weeks without giving reasons in text form (e.g., letter, fax, e-mail) or - if the thing leaves to you before the deadline - by return of the unused thing. For the protection of the cancellation term the timely sending of the cancellation or the unused thing is enough. The cancellation is to be directed in:
Pyjama Royal e. K.
Cancellation results in case of an effective cancellation are the achievements received on both sides zurückzugewähren. Are able to do to us the received achievement all or part not or only in made worse state zurückgewähren, you must pay to us in this respect if necessary value compensation. With the surrender of things this is not valid if the deterioration of the thing is to be led back exclusively on their check - as she would have been possible to you possibly in the retail shop-. For the rest, you can avoid the duty to the value substitute with one by the designated putting into use of the thing resulted deterioration, while you do not take the thing like your property in use and omit from everything what affects their value. Paketversandfähige things are to be sent back on our danger. They have to bear the costs of the return if the delivered product of the ordered ones corresponds or if you have not produced yet the consideration or a by contract agreed hire-purchase. Obligations to the allowance of payments must be fulfilled within 30 days. The term begins for you with sending your cancellation explanation or the thing, for us with their receipt. Special tips with a service your cancellation right goes out prematurely if your contracting partner has begun with the implementation of the service with your explicit approval before the end of the cancellation term or you have arranged this itself. End of the cancellation instruction.
§4 Retention of title The delivered product remains up to the entire payment in the property of the supplier.
§ 5 Prices and maturity for the contracts are valid at the time of the completion of the contract for in each case valid price-lists of the enterprise, provided that single-by contract nothing else was agreed. The payment of the purchase price is due with contract end. Calculations are to be performed immediately after her preservation without every deduction on one account given by the enterprise. The deduction of discount payment needs more specially written arrangements. If the principal is behind with his payment duty all or part, he has to pay from this time interests on arrears at the rate of yearly 5% about the base interest rate of the EZB, as far as the enterprise does not prove a higher damage. 4. The enterprise is to be required entitled cash in advance and only to produce achievement on receipt of the invoice amount.
§ 6 Guarantee (1) The guarantee rights of the customer are directed according to the general legal regulations, as far as in the following nothing else is determined. The regulation is valid for compensation claims of the customer towards the supplier in §7 of these Terms and Conditions. (2) The period of limitation for guarantee claims of the customer amounts with consumers with things made anew 2 years. Compared with enterprisers the period of limitation amounts with things made anew 1 year. The preceding shortening of the periods of limitation is not valid for compensation claims of the customer on account of an injury of the life, the body, the health as well as for compensation claims on account of an injury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract. The preceding shortening of the periods of limitation is also not valid for compensation claims which are based on a deliberate or roughly careless duty injury of the supplier, his legal representatives or fulfilment assistant. (3) A guarantee is not taken over from the supplier.
§ 7 Disclaimer of liability (1) compensation claims of the customer are excluded, as far as in the following nothing else is determined. The preceding disclaimer of liability is also valid in favour of the legal representatives and fulfilment assistant of the supplier, provided that the customer asserts claims against this. (2) Of under figure 1 certain disclaimer of liability are excluded compensation claims on account of an injury of the life, the body, the health and compensation claims from the injury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract. Is also excluded from the disclaimer of liability the liability for damages which are based on a deliberate or roughly careless duty injury of the supplier, his legal representatives or fulfilment assistant. (3) regulations of the product liability law (ProdHaftG) remain untouched.
§ 8 Cession and pawnage. The cession or pawnage of the customer towards the supplier to being entitled claims or rights is excluded, provided that the supplier agrees not in writing. The supplier is only obliged to the approval if the customer proves a legitimate interest in the cession or pawnage.
§ 9 Compensation a compensation right of the customer exists only if his demand put to the compensation was ascertained legally or is indisputable.
§10 Legal choice & legal venue (1) on the contractual relations between the supplier and the customer finds the right of the Federal Republic of Germany use. The use of the UN-purchase right is excluded. (2) legal venues for all disputes from the contractual relationship between the customer and the supplier is the seat of the supplier, provided that it concerns with the customer a businessman, a legal entity of the public right or a public law special property.
§11 Be ineffective severability clause having to do a regulation of these general terms of business, the effectiveness of the remaining regulations is not touched of it. |
Pyjama Royal • Eppendorfer Baum 34 • 20249 Hamburg • Deutschland | Germany • Telefon: +49 (0)40- 474030 • Fax: +49 (0)40 - 41265825