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These General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) of the Fluxport GmbH, Brandenburgische Straße 39, 10707 Berlin, represented by the manager Sener Abanozoglu govern the legal relationship between the customer and Fluxport in online business.
§1 General - Scope
1. These terms and conditions apply to all current and future business, subject to its forward-looking change of by the user
2. Consumers are natural persons, will enter into a business relationship with those without this can be attributed to a commercial or independent professional activity.
Terms and conditions are natural or legal persons or partnerships with legal personality, will enter into a business relationship with those who are acting in a commercial or professional activity.
3. Differing, conflicting or additional terms and conditions, even with knowledge, not part of the contract, unless their validity is expressly agreed in writing. With the acceptance of the goods, the customer accepts these terms and conditions. Any conflicting purchasing conditions or other general terms and conditions of the customer are hereby rejected, it contends in any case only these Terms. Additional agreements, changes and additions must be to be effective in writing.
4. Offers are valid without prior consultation only in Germany.
5. The seller is basically traders and not producers of the goods when they imported the goods from outside the European Economic Area.
§ 2 Conclusion
1. By setting the products in the online shop we submit a binding offer to conclude a contract on this product. The contract is concluded by accepting by clicking the order button the offer of the goods contained in the basket. Immediately after sending the order you will get again a receipt by e-mail.
2. Condition for effective contract is always that the ordering process is completed with sending the order.
3. placed verbally information of our employees are only binding if they are confirmed in writing.
4. If the consumer orders the goods electronically, the contract text will be saved by us. The GTC can be viewed on the Internet and will be sent to the customer on request by e-mail.
5. The final contract is subject to correct and timely delivery by the supplier of the Seller. This applies only in the event that the non-delivery is not caused by the seller, especially when a congruent hedging transaction with the supplier. The customer is immediately informed about the unavailability of the service. The payment will be refunded immediately.
6. Technical changes and changes in shape, color and / or weight are reserved within reasonable limits.
7. The customer is not entitled to cede without written consent claims and rights from an existing with the seller contract.
§3 Shipping
At the indicated product prices for Germany are not add shipping costs. There are no shipping cost for Germany. The customer pays shipping costs outside of Germany. Outside of Germany we take a shipping fee. The prices for the shipping fee are: Inside Europe: 19,00 Euro worldwide shippind: 39,00 Euro.
§4 Payment
Payment is made by "PayPal" or "Sofortüberweisung".
Payment in advance
With the advance payment, we will provide our bank details in the order confirmation and deliver the goods after payment. For bigger order on Payment with advance contact us.
Paypal
You pay the invoice amount on the online provider Paypal. You must be registered in principle there or to register, legitimize with your login and payment instruction to us confirm (except possibly guest access). You'll get more information during the ordering process.
Sofortüberweisung
You pay the invoice amount on the online provider Sofortüberweisung. You must be registered in principle there or to register, legitimize with your login and payment instruction to us confirm (except possibly guest access). You'll get more information during the ordering process.
§ 6 Retention of title
1. In contracts with consumers, the seller retains title to the goods until full payment of the purchase price.
2. For contracts with entrepreneurs, the seller retains title to the goods until full settlement of all claims from an ongoing business relationship.
3. The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry these out regularly at his own expense.
4. The customer is obliged to notify the Seller immediately a third party access to the goods, as in the case of a seizure, and any damage or destruction of the goods. A change in ownership of the goods outside the in point. 5 agreed ordinary course of business, as well as the own change of residence must notify us immediately by the customer.
5. The seller is entitled to withdraw in breach of contract by the customer, especially in case of default, more precisely in breach of an obligation § 323 of the Civil Code of Germany, the contract and reclaim the goods.
6. The entrepreneur is entitled to resell the goods in the ordinary course of business. He enters the Seller all claims in the amount of the invoice, which accrue to him through the resale to a third party. The Seller accepts the assignment. After the assignment the entrepreneur is authorized to collect the debt. The seller reserves the right to collect the claim itself as soon as the entrepreneur his payment obligations properly and is in default of payment.
7. The handling and processing of goods by the entrepreneur is always in the name and on our behalf.
If processing is us not belonging, we acquire the new goods, in proportion to the value of goods delivered by us to the other processed items. The same applies if the goods are mixed with other items which are not belonging.
§7 transport damage
If goods are delivered with obvious damages, please file a complaint such errors immediately as possible to the delivery and take please immediately contact to us. The failure of a complaint or contact has for your legal rights and their enforcement, especially your warranty rights no consequences, but help us to make our own claims against the carrier or transport insurance.
§8 Cancellation
The following is an instruction about the conditions and consequences of the legal right of withdrawal when delivering orders.
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Cancellation & withdrawal form
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Consumers are entitled to a right of withdrawal under the following conditions, where consumer is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent professional activity:
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A. Cancellation
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Withdrawal:
You have the right to withdraw within one month without giving reasons this contract. The withdrawal period is 1 month from the date, have taken the final goods in possession to buy or indicated by you third party other than the carrier or has. To exercise your right, you have to (Fluxport GmbH, Brandenburgische Straße 39, 10707 Berlin, Email msa@eng.fluxport.com, Tel .: Tel: +49 (0) 30 6096 8494) by means of a clear statement (eg. B. a consigned by post mail, fax or e-mail) of your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form, which does not stipulate ist.Zur revocation period it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.
Effects of withdrawal:
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the period of fourteen days. They bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling. End of revocation
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B. withdrawal form
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If you want to cancel the contract, then please fill out this form and send it back.
At:
By mail: Fluxport GmbH, Brandenburgische Straße 39, 10707 Berlin
Managing Sener Abanozoglu
Or by mail: msa@eng.fluxport.com
Or fax: NN
Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following products (*) / provision of the following services (*)
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Ordered on (*) ____________
Received at (*) __________________
Name / consumer (s)
________________________________________________________
Address of / consumer (s)
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Signature / consumer (s) (only with message on paper)
________________________________________________________
date
_________________________
underline (*) Delete
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End withdrawal form
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Section 9 of Costs when exercising the right of withdrawal
We make use of the option, you in the exercise of the reproduced in the preceding policy statutory right of withdrawal following the cost of returning to bear: you have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of returned goods does not exceed an amount of 100,00 Euros, or if you have not yet paid the consideration or a contractually agreed partial payment at a higher price the thing at the time of revocation.
§10 Delivery
1. Delivery dates and deadlines are to be considered after written confirmation by the Seller as binding. Delivery dates and deadlines can be controlled in parallel by individual agreements between the seller and the buyer. Compliance with the delivery obligation requires the timely and proper fulfillment of the obligations of the buyer. The exception of the unfulfilled contract remains reserved.
§11 compensation
1. The customer will be informed separately on shipping costs. The customer when ordering by means of telecommunication, no additional costs.
2. For contracts with entrepreneurs, the seller reserves the right to change the prices, if occurring after conclusion of the contract cost reductions or cost increases, in particular due to collective agreements or material price changes. This demonstrated the contractor upon request.
3. Each payment of the customer, unless otherwise agreed, first against the owed interest, then to the recovery and / or administrative costs and then to the oldest outstanding principal.
§12 payment of the customer
1. Payment is in full upon transfer of risk due (see also section §7 Conditions AGB).
2. The customer agrees to pay the purchase price within 14 days of receipt of goods. After this period the customer is in default of payment.
3. The consumer has to pay interest amounting to 5% above the base rate during the delay.
The operator has to pay interest in the amount of 10% above the base rate during the delay. Towards entrepreneurs we reserve the right to prove a higher damage caused by delay and assert. The contractor is allowed to prove that the damage is not higher than 8% points above the base rate.
4. The purchaser is not entitled to assert claims and rights due to procedural defects, if the buyer has not made due payments and the due amount in proportion to the value of - behafteten- with deficiencies delivery is.
5. The entrepreneur is in the case of the existence of defects, a lien is not entitled, unless the delivery is obviously defective; in such a case, the contractor is only entitled to retain, as far as the amount retained in proportion to the defects and the probable costs of supplementary performance (in particular a defect).
§13 Transfer of Risk
1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the delivery, the dispatch of purchase with the delivery of the goods to the shipper, the carrier / driver or otherwise determined to execute the dispatch person or institution the buyer.
2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold is also the dispatch of purchase only upon delivery of the item to the buyer.
3. The handover is the same, if the buyer is in default of acceptance.
4. For call orders, the risk is delivering the goods at the seller to the contractor over.
§14 default liability of the Seller
If there is case of late delivery delay, the customer can demand the amount of proven damages compensation for the delay, but at most for each full week of delay 0.5% up to the level of the entire 5% of the value of the part of the delivery or services, the due the delay can not be put to the intended use or use. Further claims for delay damages are excluded if there is no intent or gross negligence in the sales ring. Is this limitation ineffective because it is not proportionate to the typical contractual risk, liability is limited to the foreseeable, typical and direct damages.
§15 warranty
The delivered spare parts and accessories are subject to changes by manufacturer. The substance may have particular type changes and production variances. Such a change by the manufacturer is still no shortage of its own.
1. If the buyer is a consumer, he has the choice whether the remedy by repair or replacement is to take place. However, the seller is entitled to refuse the chosen supplementary performance if it is only possible with disproportionate costs and the other type of remedy without significant disadvantages for the consumer.
2. If the buyer, the seller can guarantee for defects in the goods at its option by repair or replacement. In case of defects covered by a product warranty from the manufacturer, the seller is only obliged to warranties, where the principal has been made out of court its rights against the manufacturer used unsuccessfully.
3. If the remedy fails, the customer (reduction) or cancellation of the contract may require (rescission) at his discretion reduce the remuneration. In a minor breach of contract, especially with only minor defects, the customer has no right of rescission.
4. It will therefore be refunded only the costs that are directly related to the exchange of goods; not however, installation and dismantling or transportation costs.
5. Entrepreneurs must report obvious defects within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch.
6. Consumers must inform in writing within a period of two months from the date on which the contractual condition of the goods is established, obvious defects.
Decisive for the preservation of the period is the receipt of the notification of the Seller. If the consumer this information, go the guarantee rights two months after his discovery of the defect. This does not apply in cases of malice of the seller. The exclusion does not apply if this is shortened since limitation period, the possibility of enforcement of warranty rights to less than one year.
7. If the buyer is considered to be properties of the goods in principle only the manufacturer's product description as agreed. Public statements, claims or advertising by the manufacturer do not represent contractual quality of the goods.
8. Features of the delivery items are valid only insofar as assured as the seller has the assurance expressly and in writing as such. About the quality of the goods also individual agreements between the seller and the seller can be closed.
9. If the customer receives defective assembly instructions, the seller is only obliged to deliver defect-free assembly instructions and this only if the defect in the assembly instructions prevents proper assembly, unless the purchase has been damaged due to the installation in accordance with the lack of user manual ,
10. Guarantees in the legal sense are not the customer by the vendor.
§16 Disclaimer
1. With regard to companies and to consumers, the seller is liable for breach of non-essential contractual obligations through their legal representatives, their agents and by simple auxiliary persons in cases of simple and slight negligence.
2. It is not liable to companies and to consumers in breach of contractual obligations by its legal representatives, their agents and by simple auxiliary persons in cases of ordinary negligence.
3. This does not apply in cases of injury to life, limb or health.
§17 Limitation of Liability
1. The seller is liable in cases of intent or gross negligence of the seller, a legal representative, an agent or a simple auxiliary person according to legal regulations. In cases of gross negligence, liability towards companies is limited to the typical foreseeable damage.
2. Adheres the Seller to companies and to consumers due to simple negligence or due to slight negligence, liability is limited to the foreseeable, typical and direct damages. The liability for damages due to impossibility or for reimbursement of expenses is limited in these cases to a total of 5% of the value of the delivery.
3. This does not apply in cases of injury to life, limb or health.
§18 limitation
1. For consumers, the limitation period for warranty claims is one year from delivery of the goods.
2. For entrepreneurs, the limitation period for warranty claims is one year from delivery of the goods.
3. Any claim against the buyer to purchase price are not affected by this limitation provision.
§19 Contract text storage
We save the contract text and send you the order data and our conditions via e-mail. The terms and conditions can be viewed and downloaded from this page at any time here. Your past orders can be viewed in our customer login.
§20 contract language
The funds available for the contract languages are German and English.
§21 Final Provisions
1. The law of the Federal Republic of Germany. The provisions of the United Nations (UN) shall not apply.
2. If any provision of the Terms and Conditions should be invalid, the remaining provisions shall not be affected in their effectiveness.
3. If the customer is a merchant, legal entity under public law or public special fund, the exclusive jurisdiction for all disputes from this contract is Berlin, Germany.
The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time of action are not known.
Stand: Berlin, 10.29.2014
Fluxport GmbH