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Conditions of Use Orders submitted on http://www.abhaengen.com/ ("THE WEB SITE") ARE SUBJECT TO THE TERMS AND CONDITIONS ("THE CONDITIONS") SET OUT BELOW. BY SUBMITTING AN ORDER ON THE WEB SITE YOU ("THE BUYER") AGREE AND ACCEPT TO BE BOUND BY THESE CONDITIONS. THE "GOODS" MEANS THE GOODS WHICH THE SUPPLIER IS TO SUPPLY UNDER THE CONTRACT. ANY REFERENCE IN THE CONDITIONS TO WRITING SHALL INCLUDE FACSIMILE AND E-MAIL AND ANY REFERENCE TO WORKING DAYS SHALL MEAN THE HOURS BETWEEN 0900 HOURS AND 1700 HOURS ON ANY DAY OF THE WEEK EXCLUDING SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS.
1.SALE
1.1. The Buyer shall place an order for Goods by submitting a completed order form on the Web Site. The Supplier shall confirm acceptance of the Buyer's order in writing and will supply the Goods to the Buyer in accordance with the Buyer's order.
1.2. These conditions shall govern the Contract to the exclusion of any other terms and conditions.
1.3. Any advice or recommendation given by any representative of the Supplier to the Buyer relating to the Goods which is not confirmed in Writing by the Supplier will not be binding on the Supplier.
1.4. Any variation to these Conditions must be agreed in Writing between the Buyer and the Supplier.
2. ORDER AND QUOTES
2.1 In accepting a quote or submitting an order for the Goods the Buyer acknowledges that:
2.1.1. all information and specifications relating to the Goods and any material produced by the Supplier are approximate only; and
2.1.2. the limitations of monitor capabilities and of printers mean that the colour of the products on the Web Site may vary from the Goods supplied to the Buyer under the Contract.
2.2 Any error in any quote, sales literature or other document or information issued by the Supplier or placed upon the Web Site may be corrected without any liability to the Supplier.
2.3 The Supplier may make any changes in the specification of the Goods to conform with any statutory or European Union requirements or, where the Goods are to be supplied to the Suppliers specification, which do not materially affect their quality or performance.
3. RIGHT OF WITHDRAWAL
The following right of return does not apply if the goods ordered by you are to be used for your own commercial or independent professional activity.
Instructions on the right of return
You can return all articles to us without stating any reasons within 14 days. The deadline shall apply with the receipt of notice in written form (i.e. letter, fax, email) and not before the receipt of goods at the recipients (with multiple deliveries of similar products not before the arrival of the first partial delivery) and also not before the fulfilment of our information responsibilities in accordance with Clause 246 § 2 in association with § 1 Section 1 and 2 EGBGB as well as our obligations in accordance with § 312g Section 1 Sentence 1 BGB in association with Clause 246 § 3 EGBGB. Only in case of goods which cannot be shipped by parcel (e.g. with bulky goods) can you declare the return with a written request for collection, e.g. by letter, fax or e-mail. The timely dispatch of the goods or the request for collection is sufficient in order to meet the deadline. In any case the goods shall be returned at our cost and risk. Please also enter your bank details when you return the goods. We will reimburse the postage costs to your account immediately.
Please send the returned goods to:
ABHAENGEN
Auf den Häfen 91
28203 Bremen
Germany
Consequences of return
In the event of a valid return, the services received by both parties are to be re-granted and if applicable any benefits gained (e.g. benefits from use) to be handed over. Reimbursement of value can be demanded in case of damaged goods. This shall not apply if the damage to goods is exclusively a result of their inspection - as, for example, would be customary in the retail business. Incidentally, you can avoid the obligation to reimburse value by not using the goods as an owner and refrain from all actions which decrease their value. Claims for payment must be made within 30 days. The period begins for you on the date the products were sent or when the return was requested.
------------ End of the instructions on the right of return. ----------
4. PRICE
4.1 The price of the Goods shall be the price quoted on the Web Site on the date of acceptance of the order by the Supplier
4.2 The price of the Goods does not include delivery and accordingly all prices ex works the Suppliers premises. The Buyer will pay the Suppliers delivery charges by the method and to the premises specified in the Buyers order for the transport, packaging and insurance as quoted on the Web Site on the date of acceptance of the order.
4.3 The price for the Goods is inclusive of any applicable value added tax, which the Buyer shall be liable to pay to the supplier.
5. PAYMENT TERMS
5.1 Payments shall be made by an accepted method as stated on the Web Site, on the date on which the Buyer's order is accepted by the Supplier
5.1.1 Bank Transfers shall be made to the bank account of the Supplier as stated on the Web Site, and initiated within two working days of the date on which the Buyer’s order is accepted by the Supplier
6. DELIVERY
6.1 The time place and method for delivery shall be as requested in the Buyer's order.
6.1.1 The Supplier shall choose the most secure address to deliver to
6.2 Time for delivery shall not be of the essence.
6.3 The Supplier shall, if possible, and if not otherwise requested, ship all ordered articles together
7 . HOW TO RETURN AN ITEM
7.1 We guarantee that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 14 days of the date you received the item.
Please follow the steps below to enable us to process your refund efficiently:
7.2 Please send us a note detailing the reason for return. This note MUST include your order number, which you will be able to find on your invoice or delivery note.
7.3 in the case of a faulty product, please provide a full description of the fault.
7.4 wrap the item securely in its original packaging (if any) with all accessories, then send the package to the address set in the Customer Services section of the Web Site
7.5 We will notify you via e-mail when we have processed your refund
7.6 For your protection we recommend that you use a recorded-delivery service.
7.7 Delivery Charges & Other Services-If you are returning an item because of an error on our part or because it is defective, we will be happy to refund the delivery charges incurred in sending the item to you and your costs in returning it to us. Where you are withdrawing from your purchase within the fourteen working days cooling-off period, we will also refund the normal postage charge for the delivery of that item but we cannot refund any priority or express component of the postage charge. You will be responsible for those charges and the costs of any other services provided to you in connection with your purchase.
8. RISK AND OWNERSHIP
8.1 Risk of damage or loss of the Goods shall pass to the Buyer on delivery or, if the buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods.
8.2 Title in the Goods shall pass to the Buyer on delivery of the Goods
9. INTELLECTUAL PROPERTY
9.1 All intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Goods) created by the Supplier during the course of the Contract shall be, and shall remain, the property of the Supplier only.
10. WARRANTY AND LIABILITY
10.1 Nothing in this clause 10 shall exclude the Supplier's liability for death or personal injury caused by its negligence.
10.2 Subject to the conditions set out below the Supplier warrant that all Goods will correspond with the Order at the time of delivery and will be free from defects on delivery.
10.3 If the Supplier is in breach of the warranty contained at clause 10.2 above, the Buyer shall advise the Supplier in Writing immediately and in any case not later than (10) working days from the date of discover of the defect.
10.4 On receiving a notice under clause 10.2 above, the Supplier may at its sole option:-
10.4.1 repair the Goods;
10.4.2 replace all or any part of the defective Goods: or
10.4.3 refund the price of those Goods which are defective.
10.5 The warranty contained in clause 10.2 shall be the extent of the Suppliers liability for the defective Goods.
10.6 The Goods are not tested and sold as fit for any particular purpose and any terms of warranty or condition express implied or statutory to the contrary is excluded to the fullest extent allowed in law.
10.7 Save as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier will not be liable to the Buyer for any loss of any kind whatsoever which arises out of the breach implied warranties or conditions or breach of any other duty of any kind imposed on the Supplier by operation of law.
10.8 The Supplier will not be liable for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty or any kind imposed on the Supplier by operation of law:
10.8.1 Any loss of anticipated profits or expected future business;
10.8.2 Damage to reputation or goodwill;
10.8.3 Any damages costs or expenses payable by the Buyer to any third party;
10.8.4 Loss of any order or contract; or
10.8.5 Any consequential loss of any kind
10.9 Unless otherwise provided in these Conditions, and subject to clause 10.5, the liability of the Supplier for breach of any express or implied term of this Agreement shall be limited to the reasonable cost of remedying any defect in the Goods or other matter constituting a breach and in no circumstances shall the Suppliers liability exceed the total amount paid by the Buyer to the Supplier under the Contract.
11. INDEMNITY
The Buyer shall indemnify the Supplier against any loss or damage suffered by the Supplier as a result of any claims brought against the Supplier by any third party for:
11.1 any loss, injury or damage caused by the Goods or their use;
11.2 any loss, injury or damage in any way connected with this Contract provided that this Clause will not require the Buyer to indemnify the Supplier against any liability for the Suppliers own negligence
12. EXPORT TERMS
12.1 In these conditions 'Incoterms' means the international rules for the interpretation of trade terms of the International Chambers of Commerce in force on the date when the Contract is made. Unless the context otherwise requires, any expression which is defined in Incoterms shall have the same meaning in these Conditions, but if there is any conflict between Incoterms and these Conditions, these Conditions shall prevail.
13. TERMINATION
14.1 The Supplier may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Buyer:-
14.1.1 is in breach of these Conditions or any other contract between the parties; or
14.1.2 has a petition presented for it winding up or for an administration order to be made in respect of it; has a receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganization) has a bankruptcy order made against it or any of its partners; or enters, or proposes to enter into a composition or voluntary arrangements with its creditors.
14.2 On termination, the Buyer shall pay to the Supplier all costs, expenses (including legal and other fees incurred) arrears, charges or other payments arising in respect of the Goods under the contract
14.3 Termination shall not affect either party's accrued rights under the Contract
15. WITHDRAWAL AND USE OF GOODS
15.1 The supplier may withdraw the sale or distribution of any goods produced by or generally supplied by the Supplier without prior notice, or liability, to the Buyer.
15.2 If the supplier provides the Buyer with information about the use for which the Goods are designed and about any conditions necessary to ensure that the Goods will be safe then the Buyer shall use the Goods accordingly.
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