General conditions of sale
§ 1 General
All deliveries and performances exclusively
take place on the basis of these conditions of sale. Details concerning
our offers have to be taken from the corresponding item descriptions.
§ 2 Right of rescission
Cancellation policy Is the customer
a consumer, then applies the following: Cancellation of an order You can
cancel the contract within one month without indicating the reason, in
written form (letter,e-mail...) or by sending the goods back. The period
runs as from receipt of the goods and receipt of this instruction. A dispatch
in time is enough to comply with the term. The cancellation must be addressed
to
ozeri-de
Friedbert Haak
Theodor-Körner Str. 48
41812 Erkelenz
Germany
E-Mail: verkauf@ozeri-shop.de
Consequences of cancellation In case
of a valid cancellation, all performances on both sides must be returned
and taken advantages (such as interests)must be released. If you cannot
or not completely return the received performance, or only worsened, you
will be obliged to compensate for the damage. Goods able to be shipped
must be sent back at our peril. For goods up to a purchase amount of 40
€, which correspond to the ordered items, you have to pay the shipping
costs. Otherwise, the sending back is free for you. Notice The right of
rescission (§312 d Abs. 4 BGB) does not apply to ordered items made
or composed on specific request and to contracts about delivery of magazines.
§ 3 Prices
All prices include VAT plus shipping
costs. Shipping costs are specified in the auction.
§ 4 Ownership reservation
All kind of goods stay part of our
ownership until the complete payment.
§ 5 Liability for defects
The liability for defects complies
with the corresponding legal requirements.
§ 6 Liability
The contractual and non-contractual
liability is limited to malice and gross negligence, as far as contravention
of primary obligation, bodily and life injury are not concerned. The same
applies for the liability of our agents.This does not affect the liability
according to the German Produkthaftungsgesetz.
§ 7 Data privacy
As far as we get personal data, these
are handled as strictly confidential and according to the data privacy
act. We collect and use personal data only in so far as needed for the
contractual relationship. The user can require information about his stored
personal data at any time. He can demand his personal data to be deleted,
as far as the contractual relationship is entirely concluded and the storage
not mandatory.
§ 8 Transfer of risk and loss
during shippment
In case of assessment of any shippment
damage, the customer is bound to refuse delivery or to put the damage down
on paper instantly, during the presence of the postman. Ozeri-de will then
put a claim for indemnity against the responsable. Asking for refund, reduction
or contractual changes only possible after clarification of this kind of
claims. Further claims from the customer are excluded.
§9 Final provisions
1. The applicable law is the German
law, the UN-CISG excluded.
2. Contract language is German
3. If the contractual partner is
a merchant, a corporate body under public law or public fund assets, the
only accepted venue for all kind of claims related to the contract is the
one of our registered office. The same applies for persons without venue
in Germany or persons with unknown residence at the time of the institution
of proceedings.
4. Should one provision of this agreement
be totally or partially ineffective or loose its legal effect later, then
this shall not affect the efficiency of the remaining provisions. The contract
is to be adjusted and instead of the ineffective part, another appropriate
rule, which corresponds the most to the commercial intention of the parts,
had they known the nullity of the original provision, is to apply.
