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General Terms and Conditions of Business |
Your right of return Received goods may be returned within two weeks without
stating reasons. Books, videos, CDs and DVD cannot be returned or exchanged.
Faulty products will be replaced. The period shall commence at the earliest upon
receipt of the goods, and these instructions. You can request that the goods be
taken back in text form (e.g. by letter, fax or e-mail) only if they are not
suitable for parcel dispatch (e.g. bulky goods or packages > 20kg). Dispatching
the goods in good time, or requesting that they be taken back, shall be deemed
appropriate to observing the deadline. In any case, the goods shall be returned
at our cost and risk.
The return consignment, or request that goods be taken back, is to be sent to
our summonable address:
MASTERHORSE Vertriebs GmbH
Felsenbergweg 15
D - 71701 Schwieberdingen
Tel.: ++49 7150/9470-0
The General Terms and Conditions of Business govern the formation of the
contract, the obligations of Masterhorse Vertriebs GmbH and the User, and
processing the contracts entered into between the User and Masterhorse Vertriebs
GmbH.
In the event of a valid return, the services received by both parties are to be
returned, and benefits that may apply (e.g. advantages from use) are to be
surrendered.
Warranty Notification of obvious defects must be sent in writing within two
weeks following delivery of the goods to the address stated in respect of
returning goods. With regard to all other defects, written notification must be
given within the statutory warranty period of two years from delivery of the
goods. Warranty claims shall be excluded in the event of late or incorrectly
made notification. In the case of defects we shall, at your option, remedy the
defect or provide subsequent performance by way of supplying new goods unless
the type of subsequent performance involves disproportionate costs for us. If
the defect is not eliminated irrespective of the provision subsequent
performance twice, if we are not willing to or able to provide subsequent
performance or replacement, or if these are not provided within a reasonable
period or if the subsequent performance fails for other reasons, you may, at
your option, withdraw from the contract or request an appropriate reduction of
the purchase price.
Formation of a contract
A contract shall be come about upon submission your order on the one hand and
through delivery of the ordered goods or confirmation of order by us on the
other. If we do not react within fourteen days after the order is placed, the
order shall be deemed rejected.
Deliveries abroad In the case of deliveries outside Germany, customs law or tax
law restrictions or reasons often prevent us from supplying various goods and
brands of our entire shipping programme to all countries, for example country-
specific price fixing in respect of printed material or territory protection.
Shipping conditions Our parcels shall be delivered by the post office or parcel
service.
The minimum order value for orders placed in Germany is € 15.00. In the case of
orders placed from other countries, the minimum order value is € 50.00 (shipping
table).
As a general rule, the flat rate packaging and shipping cost within Germany is €
4.99, and for Austria € 4.99 for each increment of 20kg. In the case dispatch to
Belgium, Denmark, France, Italy, Luxembourg and the Netherlands the
flat rate for each increment of 20 kg of ordered goods is € 7.50 plus island
surpluses that may apply. Shipping costs for all other countries are available
on request.
We shall carry out partial deliveries that are acceptable to both parties at no
extra cost. The above shall apply subject to permanent inability to deliver,
including following conclusion of the contract, for reasons that are not our
responsibility (e.g. lacking deliveries by our suppliers irrespective of
covering transactions or force majeure).
In such a case we shall inform you without delay of the problem and, where
applicable, reimburse payments that have already been made.
Payment terms All prices include the statutory value added tax. We endeavour to
maintain constant prices during the catalogue period. However, in individual
cases prices may be altered due to price adjustments in the procurement market.
Most printed material is, in particular, subject to price-fixing. Therefore, the
price that we state when the order is placed is valid at all times. Furthermore,
we reserve the right to adjust prices accordingly during the catalogue period in
the case of value added tax increases.
In Germany, payment can be effected by direct debit, on account in the case of
payment within 14 days, cash on delivery plus a € 2.00 C.O.D. fee or by Visa
Card, Master Card or American Express by stating the credit card number,
security code and card expiry date.
Deliveries to all other countries shall be made on account in the case of
payment within 14 days (for regular customers), by cheque or Visa Card, Master
Card or American Express by stating the credit card number, security code and
card expiry date. In the case of bank transfers from abroad, please note that we
must receive the invoice amount without deductions (e.g. fees for a foreign bank
transfer).
Liability We are otherwise liable for damages or compensation of expenses in
vain that are caused by us, our legal representatives, employees or vicarious
agents only in the case of intent or gross negligence or in the case of a
culpable violation of material contractual obligations (cardinal obligations) or
in the case of culpably bringing about a damage to life and limb. Apart from
intent or gross negligence, we shall be liable in the case of violation of
cardinal obligations at most for foreseeable damage that is typical of such
contracts. The limitation of liability also applies to the personal liability of
our employees, legal representatives and vicarious agents. This shall not affect
claims under German Product Liability Act regarding wilful deception in respect
of our warranty for the quality of the purchase item or a procurement risk we
have assumed.
Miscellaneous German law is applicable to the exclusion of the United Nations
Convention on Contracts for the International Sale of Goods.
These General Terms and Conditions of Business do not provide for contractual
relationships in countries outside the EU. Oral subsidiary agreements have not
been entered into. If you are a merchant, Stuttgart is deemed the sole place of
jurisdiction.
We do no accept any liability for typographical errors.
Orders from abroad: Tel.: ++49-(0)7150-9470-0 Fax: ++49-(0)7150-9470-17
Schwieberdingen, September 2006
MASTERHORSE GmbH
Your Managing Directors
Michael Sanny, Heike Barth |
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