A.G.B.
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AGB Allgemeine Geschäftsbedingungen der Firma - " RELOCATION-EU.COM " Durch die Bestellung oder die Anmeldung / Registrierung akzeptiert der Kunde die nachstehend aufgeführten Allgemeinen Geschäftsbedingungen von : " RELOCATION-EU.COM " 1. Allgemeines 4. Überlassene Unterlagen 5. Preise, Zahlung und Zahlen 6. Lieferung und Lieferverzug, Rücksendungen 7. Gefahrenübergang, Lieferung, Kontrolle, Rügepflicht 8. Gewährleistung 9. Ausschluss von Schadenersatz, Haftungsbegrenzung 10. Eigentumsvorbehalt 11. Rechtswahl, Gerichtsstand 12. Urheberrecht und gewerbliche Schutzrechte 13. Neutralisierung und Markenanerkennung 14. Sonstige Bestimmungen Datenschutz Sie haben jederzeit das Recht auf Auskunft über die bezüglich Ihrer Person gespeicherten Daten, deren Herkunft und Empfänger sowie den Zweck der Speicherung. Ihr Vertrauen ist uns wichtig. Daher möchten wir Ihnen jederzeit Rede und Antwort bezüglich der Verarbeitung Ihrer personenbezogenen Daten stehen. Wenn Sie Fragen haben, die Ihnen diese Datenschutzerklärung nicht beantworten konnte oder wenn Sie zu einem Punkt vertiefte Informationen wünschen, wenden Sie sich bitte jederzeit an einen unserer Mitarbeiter. P.G. Import-Export übernimmt keine Garantie für die
Korrektheit oder Vollständigkeit der Informationen und ist nicht
verantwortlich für den Inhalt externer Links. Stand: 1. Juni 2008 |
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GENERAL TERMS AND CONDITIONS By ordering or announcement/registration the customer accepts the subsequently specified Terms and Conditions of P.G. Import-Export 1. General 1.1. We base the following conditions on our agreements without any exceptions. The contractual partner will accept our conditions when placing his order. 1.2. Any contradictory conditions shall apply only if they have been agreed in writing. Conditions of the contractual party will become features of the agreement if we do not object to them again and perform the contractually due delivery/performance without any reservations. 1.3. Our Terms and Conditions will also apply with the contractual partner in any future business transactions. 1.4. Our Terms and Conditions are open to public inspection and posted in our chambers. If requested we may also send them to you free of charge at any time. 1.5. The current prices and/or conditions made public on the Internet invalidate any previous price lists, catalogues, publications or conditions displayed on the Internet. We expressly reserve the right to change prices and/or conditions without prior notice. 2. Offer, conclusion and subject matter of the Agreement 2.1. An agreement will only take place by our written order confirmation/invoice or by consignment of the agreed performances. 2.2. Our offers are subject to change without notice. The contractual partner will be committed to his offer for a maximum of 2 weeks. 2.3. All agreements, at the time of entering into the contract, will be made in writing; no other agreements than those set down on record have been made. The written form will also be considered as agreed on subsidiary agreements, guarantees and supplementary alterations, including the dissolution of the agreement. 2.4. We expressly empathise on such rights that apply according to the Copyright Act or other legal provisions for protected products. We will make use of these rights. 2.5. The seller will be committed to conduct the orders on the conditions that are stipulated in the offer or on the website. In the event of writing, printing or accounting errors in the offer, or on the website, the seller will be entitled to cancellation of the agreement. 2.6. If the customer is presented pictures, patterns, showroom models, etc., prior to the purchase of combined items they will exclusively relate to a sample selection of the goods offered. The seller will not assume liability on a deviating assortment of the consignment unless it is copyrighted and corresponds with the basic nature of the offered goods.
3.1. Provided that the agreement is being dissolved for reasons that rest upon the purchasing party’s responsibility, or provided that the seller withdraws from the agreement for reasons that are safeguarded by the purchaser, the purchaser will be committed to pay to the seller an expenditure and compensation allowance of 40% of the value of goods. 3.2. The compensation allowance will be assessed higher or lower if the seller proves a higher, or the purchaser proves a lower, damage. 4. Assigned documentation 4.1. We reserve our property and copyright on all documentation assigned to the customer in connection with the contract award, such as e.g. calculations, photographs, price lists, etc. This documentation will not be made available to any third parties unless we express our explicit written consent to the customer. Provided that we do not accept the customer’s offer within a deadline of 2 (two) weeks this documentation shall be returned to us immediately. 5. Prices, payment and figures 5.1. The prices are considered as goods value ex-stock without discount and other price reductions, loading, packing and freight charges, plus any insurances that may arise, as well as the currently effective V.A.T. 5.2. The payment will be made in €uro currency, free of any expenses and without any deductions on delivery or dispatching of the invoice or other voucher. 5.3. The contractual partner will be entitled to set off against our claims only with undisputed, officially recognized or legally liquidated counter claims. 5.4. Charges for return debiting as a result of want of covers will be invoiced. 5.5. Unless no other written agreements are made, each order will immediately become due for payment by transfer upon receipt of the invoices/clearing vouchers. 6. Delivery and default, returns 6.1. The commencement of the delivery time specified by us presumes the clarification of all technical questions. The maintenance of our obligation to deliver presumes the timely and orderly compliance of the contractual partner’s obligations. 6.2. Timely and proper self-delivery will be reserved. 6.3. Delivery dates or delivery deadlines that may be agreed with and without engagement will be made in writing. Delivery deadlines will start at the conclusion of the agreement. If supplementary modifications of the agreement are agreed a new delivery date or delivery deadline must be agreed. Delivery deadlines made public on the Internet are estimates and therefore without any engagement. 6.4. The delivery date is considered as complied with if up to its expiration the subject to be delivered has left our premises, or an announcement of the readiness for dispatch has been sent to the customer. 6.5. The contractual partner may request from us in writing 6 (six) weeks after the exceeding of a non-committal term of delivery to supply within a reasonable period of time. Only this reminder will put us into default. However, this will not apply if the aforementioned period of grace is unreasonably long. In the event, a suitable period of grace will apply. 6.6. Provided that our delay is due to slight negligence our liability for indemnification will be excluded unless it concerns damage to life, limb and health. 6.7. Alternatively: we restrict our liability for delay in the event
of slight negligence on the typical foreseeable damage, unless it
concerns damage to life, limb and health. 6.9. No matter for what reason, the return of goods by the customer to P.G. Import Export will be sent clear from any charges or postage. We will not accept "carriage forward" deliveries. Any costs resulting thereof will be borne by the customer. The return of goods will occur at the customer’s risk. 6.10. The exchange and redemption of goods and/or orders is basically excluded unless other arrangements exist or are made in writing. 7. Passing of risk, delivery, inspection, requirement of complaint 7.1. The danger of risk will pass to the customer at the time of procurement of the goods, and not later than such time when the goods leave our premises. 7.2. If the goods are ready for dispatch the danger of risk will pass to the contractual partner one week after receipt of a notice of readiness for dispatch, unless we have volunteered to dispatch the goods. If the dispatch of the goods or acceptance is caused by circumstances that should be represented by the contractual partner, the danger of risk will pass on by the sending of the notice of readiness for dispatch. For the conclusion of insurance we will be liable for the costs in all cases only for the specified extent and upon a special written order of the contractual partner. 7.3. The contractual partner will be committed to inspect the goods for defects – even in the case of re-sale – and to notify in writing within a period not exceeding 10 (ten) working days. Transportation damage will be notified in writing within 48 (forty-eight) hours. 8. Guarantee 8.1. In principle, the goods sold by us concern sales returns, remaining stocks and extraordinary articles, goods from liquidation of businesses, surpluses, etc. The seller will not undertake any guarantee for possibly defective goods. The customer will acknowledge that he acquires the goods from the seller to the exclusion of any guarantee and with the possibility of included faults. 8.2. Provided that the contractual parties have not agreed otherwise the exclusion of guarantee will also apply to new goods. 9. Exclusion of indemnity, liability limits 9.1. Assuming that our commitment for indemnity is founded only on the slight negligent infringement of inherent contractual obligations, we will restrict our liability for indemnity and those of our legal representatives or vicarious agents on the contractual foreseeable damage. 9.2. Assuming that our commitment for indemnity is founded only on the slight negligent infringement of non-essential auxiliary covenants, we will restrict our liability for indemnity and those of our legal representatives or vicarious agents. 9.3. In all cases of liability on indemnification that are based on negligent breach of duty, no matter on which jurisdictional basis, our liability for indemnification will be narrowed to the damage foreseeable to us. 9.4. Alternatively: we exclude our liability for indemnification, and those of our legal representatives or vicarious agents, unless a slight negligent violation of a contractual obligation falls upon us, which does not endanger the contractual purpose in its meaning and consequence. 10.1. We will retain in all cases the title on the object of supply until receipt of all payments from the respective individual delivery contract. 10.2. Beyond this, we will retain the title on the delivered articles until the fulfilment of all and future claims from the business relationship. The contractual partner will be committed to preserve in all cases the delivered articles free of charge with the due care of a serious business dealer. 10.3. The pawning or mortgaging of goods will be inadmissible in any circumstances. In the event of pawning and seizure or other dispositions by third parties we will be immediately informed of this and all documentations that is necessary for an objection will be relinquished to us. 10.4. Beyond this, the contractual partner will also be entitled to process the delivery object within the scope of a proper business operation and to resell it as long as he is not in default. The contractual partner will assign his claims due to him towards his customers at the conclusion of the sales contract with us in the amount of the invoice value of the delivered reserved goods. 10.5. By cessation of payments, request or institution of winding up, as well as protest of cheque or bill, the rights of disposition and the entitlement for collection of assigned claims will extinguish. In such cases the contractual partner will be committed to render us the account of the reserved goods and assignment of receivables. 10.6. Assuming that the value of securities exceeds our claims by more than 20%, we will be committed for retrocession according to our own discretion upon demand from the customer, as the security limit has been exceeded. 10.7. Upon notification with no effect we are entitled to redeem our reserved goods according to the cases cited in paragraph 5 if the contractual partner is in considerable arrears of his payment obligations. However, any seizure of goods will not be considered as a withdrawal from the agreement. The contractual partner will be committed for restitution of the reserved goods. The right of retention will be excluded. 10.8. Amounts that the contractual partner collects from assigned claims will be posted separately until their transfer to us in order to exclude settlements and/or offsets with banking accounts that are kept on the debit side. 10.9. We will always undertake any processing or re-composition of the delivery object by the contractual partner. If the delivery object is processed with other objects not belonging to us we will acquire common ownership of the new object in relation to the value of the delivery object to the other processed object at the time of processing. The same will apply to an object generated by the processing, as well as an object delivered under reservation. 10.10. If the delivered object is mixed with other objects not belonging to us we will acquire common ownership of the new objects in relation to the value of the delivery object to the other processed object at the time of processing. If mixing occurs in such a manner that the object of the contractual partner is to be considered as the main object it is agreed that the contractual partner proportionally transfers common ownership to us. The contractual partner will keep such generated sole or common ownership for us. 11. Jurisdiction 11.1. The laws of the Federal Republic of Germany will govern all agreements; the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods - CISG) shall be inapplicable. 11.2. The place of performance for all reciprocal claims arising out of the contractual relationship will be our established headquarters. 11.3. Our established headquarters will be the place of venue for all
claims arising out of the business relationship, including actions on
cheques and bills of exchange, unless the contractual partner is a fully
qualified merchant. However, we will also be entitled to file actions
against the contractual partner at his general site of operation. 12.1. P.G. Import-Export permits its customers to make public, to circulate and to open to the public such photographs showing products which have been acquired by the customer from P.G.Import-Export. The customer will not be entitled to transfer such usufructuary right onto third parties. This usufructuary right will become null and void if the customer has sold the respective goods. 13. Neutralisation and admission of trademarks 13.1. If the customer acquires goods that are exclusively destined for sale outside the European Union (EU), the countries of the European Community (EC), or the European Economic Area (EEA), he will acknowledge that a claim for indemnification by the seller or the manufacturer will be asserted against the customer for any infringement. 13.2. Goods that are subject to the provisions cited above may, deviating from the stipulated impediments to trade, be commercialised only if a complete neutralisation of the trademark admission is available. A claim for indemnification by the seller or the manufacturer will be asserted against the customer for any infringement. 14. Miscellaneous provisions 14.1. If one or more provisions of these General Terms and Conditions, or further requirements and agreements, should be or become invalid or unenforceable, or in case of an omission, the balance of the General Terms and Conditions shall remain unaffected and remain in full force. In this event, the contractual parties will substitute the invalid or unenforceable provision by a valid one which as closely as possible achieves the economic purpose of the invalid or unenforceable provision. P.G. Import-Export is not liable for the correctness or completeness of the information and is not responsible for the contents of external links. P.G. Import-Exportis not liable for damages which results directly or indirectly from the use, the abuse or the functionality of this website or the contents of information offered in the link. Exclusively the respective operators are responsible for the contents of the links. Data protection We, P.G.Import-Export therefore strictly conform to the rules of
the data protection act. Personal data and assessments on this web page
are taken only for technically necessary reasons. In no case assessments
are sold or transmitted for other reasons to other persons or companies. Your confidence is important to us. Hence, we would like to justify ourselves to you any time regarding the processing of your personal data. If you have questions that this data protection explanation could not answer or if you wish detailed information to a point, turn please any time to one of our employees. Responsible for the contents of this web page: Hofäckerstr. 14 71732 Tamm Updated: June 1rst, 2008
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