Conditions of Use
General Terms and Conditions of Purchase (Terms and Conditions)
Consumer Terms, Stand: 01.08.2009
1st General / Scope
For the entire business relationship between the Aureas GmbH and the customer subject to the following Terms and Conditions of Purchase (business conditions). Contrary to or recognize from the following regulations deviating conditions of the purchaser GmbH Aureas not, unless it has expressly consented in writing. These terms and conditions also apply if the Aureas GmbH aware of conflicting or deviating from these terms and conditions of the customer delivery to the customer without reservation. These terms and conditions apply to all future business relations even if they are not expressly agreed.
2nd No Withdrawal
According to BGB § 312, paragraph 4, No. 6 no revocation exist with contracts for the supply of goods whose price fluctuations on the financial market on which the entrepreneur has no control and which may occur during the normal withdrawal period.
3rd Contract
a.) in brochures, catalogs, other printed materials and on our website offers contained therein are - including the price - subject to confirmation and without obligation.
b.) The appointment or the purchase price does not establish effective contract between the Aureas GmbH and the purchaser, but simply constitute an offer to the Aureas GmbH, to conclude a contract with the buyer. A sales contract is effective through acceptance of order / purchase the publication and its contents (by confirmation or transmission of the account) or through the delivery of the subject matter to the customer. he adoption of a declaration may be made by telephone, electronically or in writing. The after the order process automatically sent by the shop system order confirmation does not explicitly accept the offer of the Purchaser dar.
4. Preise und Zahlungsbedingungen
a.) a contract of sale apply at the date of order / award of the contract valid and agreed prices. These include the legal value added tax in Germany if the buyer / customer is not exempt from payment of sales tax.
b.) The purchase price is payable in advance (cash or bank transfer) or post-delivery, without deduction, unless other written payment terms are agreed.
c.) In the case of advance payment within 10 days after receipt of order confirmation will be undertaken.
d.) If the Aureas GmbH after bank charges into account, which is responsible for the customer, he must pay damages to the Aureas GmbH in a corresponding amount. Returned direct debits and adoption denials are charged to the customer with € 20.00 processing fee per debit or refusal. The buyer is entitled to prove that a loss in this amount did not result at or substantially lower.
5th Delivery, Delivery Dates
a.) The observance of our delivery obligation requires the timely and proper fulfillment of the obligations of the buyer / purchaser.
b.) The Aureas GmbH is to make partial supplies / services entitled to if they are not excluded by contract.
c.) A delivery delay does not affect the customer with the agreed prices.
6th Dispatch and passage of risk
a.) The risk in the case of shipping even with random destruction or deterioration of the goods only upon delivery to the buyer at the latter.
b.) The transport takes place on account of the customer.
c.) Shipping delays due to force majeure and due to circumstances on which has the Aureas GmbH has no influence - this in particular strikes, lockouts, official orders, etc. do not belong - to a delivery delay of aureasThese GmbH is entitled to postpone delivery or performance for the duration of the impediment plus a reasonable start time.
In the case of goods purchased by the aureas GmbH the work is the address of record aureasLtd. The seller agrees to make the shipment so that the receipt must be acknowledged and bears the burden of proving the receipt of shipment.
7th Warranty
The warranty is based on the statutory provisions. An assignment of warranty the customer is excluded.
8th Liability
The liability of the aureasGmbH and its agents for contractual obligations and tort is limited to intent and gross negligence. The liability for gross negligence is limited to the time of conclusion foreseeable. Based on the damage the breach of a non-essential contractual obligation by an agent for the aureasLtd. is a liability even for gross negligence. The above restrictions do not apply to damages resulting from the loss of life, limb or health of the customer and for claims arising from the breach of an essential contractual obligation (so-called cardinal obligation). In that regard, shall be liable aureas GmbH in accordance with statutory provisions. As an essential contractual duties are those duties which are essential for proper execution of the contract and allow only trust in its compliance with the customer may.
9th Offsetting and retention
a.) against claims of Aureas GmbH may offset the customer only with undisputed or legally established claims.
b.) The customer has a lien is only in respect of such services as are mutual obligations, connected with this contract and are undisputed or legally valid.
10th Rescission of contracts
If the customer ordered the goods despite proper supply or make available through theaureasGmbH does not cover ", this claim for damages amounting to 30% of the purchase price. The right to claim a higher damage remains. The buyer is expressly allowed to prove that damage arose at all, or substantially less than the liquidated amount.
11th Retention of title
Until all claims which the aureasGmbH and the purchaser is entitled at the time of the order, the reserves aureas GmbH title to the goods ("Retained Goods"). The customer may not have retained goods. If third parties, in particular judicial officers - to the conditional goods, the buyer to the property of aureas GmbH point and inform them immediately. The withdrawal or seizure of the goods supplied by subjectaureas GmbH is always a withdrawal from the contract. The handling, processing, assembly or other exploitation of the aureasGmbH is delivered, standing still in their property is, goods as an agent, with no need for these liabilities arising therefrom. If theaureasGmbH delivered goods are mixed or combined with other items, so the buyer / purchaser from its ownership and mixed ownership rights to the object or the new object and keeps it free of charge for theaureasShould have GmbH, contrary to the above provisions, the purchaser / buyer reach an agreement on the subject goods, he does all to the claims arising from this disposal aureasGmbH from. This takes the assignment.
12th Performance and jurisdiction
If the customer is a merchant, the office of the aureasGmbH jurisdiction, theaureas GmbH is entitled to sue the buyer at his domicile. Unless the order confirmation states otherwise, is the address of theaureas GmbH of performance at the same time.
13th Applicable Law
For all contracts, German law applies excluding the UN Sales Convention.
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