Zimpel Budinger GbR, Westerbachstrasse 14, 61476 Kronberg, Germany
Zimpel Budinger GbR operates a website for commercial purposes under the domain http://www.falconstein.de. On this website Zimpel Budinger GbR offers its customers products (principally handmade articles) for sale over the internet.
§ 1 Product assortment
- The customer is able to select and order products via the aforementioned website. The customer can view a separate product description for each article on the respective page of the website.
- The customer is able to purchase articles by clicking on them on the website. These are collected in a virtual shopping basket and once the customer has finished shopping, a complete list of the selected products is shown for a total price including German VAT.
- Before shipment of the order, Zimpel Budinger GbR enables the customer to verify and, if necessary, correct the order in respect to correctness of content, in particular regarding price and number of items.
§ 2 Instructions regarding right of return
- Right of return: the customer may return goods within two weeks after receipt by return of shipment without stating a reason. This period starts at the earliest with the receipt of goods and these instructions. Only in the case of goods that cannot be dispatched as parcels (e.g. bulky goods) can the customer also declare the return by a return order in writing, i.e. by letter, fax or email. Punctual dispatch of the goods or return order suffice to comply with the time limit. In any case the return occurs at the offeror's risk and expense. The returned goods or return order must be sent to:
Name/company: Zimpel Budinger GbR
Postal address: Westerbachstrasse 14, 61476 Kronberg, Germany
Fax: +49 617 39 95 74 - 66
Internet address: http://www.falconstein.de
In the case of a return order, the goods will be collected from the customer.
- Consequences of return: in the case of a valid return, mutually rendered services are to be returned. In the case of deterioration of the goods, equivalent compensation may be demanded. This does not apply when the deterioration of the goods is exclusively the result of an inspection of the goods - comparable to an inspection of goods in a retail shop. For the rest the customer can avoid the obligation to provide equivalent compensation by not putting the goods into operation like an owner and refraining from any action that might compromise their value.
- Right of return does not exist in the case of contracts concerning the supply of goods that have been manufactured according to customer specifications or are clearly tailored towards personal requirements or are not suitable for return due to their nature.
§ 3 Prices
The list prices on the internet site at the time of order apply. Prices are quoted from the business office (ex works) of Zimpel Budinger GbR including German VAT and do not include costs for postage and packaging.
§ 4 Conclusion of contract
All offers of Zimpel Budinger GbR on the website are subject to confirmation. In this way Zimpel Budinger GbR is not obliged to perform in the case of unavailability of a product. Conclusion of contract and the ensuing contractual relation concerning individual performances does however result as soon as Zimpel Budinger GbR has confirmed the customer's order in writing.
§ 5 Implementation of contract
- Place of fulfilment: place of fulfilment of mutual obligations arising from the contractual relationship is Kronberg/Taunus, Germany.
- Delivery: Zimpel Budinger GbR will dispatch the order within 5 working days following receipt of the order in as far as the ordered products are available.
- Shipping costs: shipping costs depend on the articles ordered and can be viewed in the shipping costs overview.
§ 6 Conditions of payment
- Zimpel Budinger GbR delivers against advance payment or payment on delivery. Prices on the invoice are always end customer prices including German VAT.
§ 7 Guarantee and liability
- The customer must inform Zimpel Budinger GbR of any fault in the product and must return the product at the expense of Zimpel Budinger GbR. Guarantee of the offeror complies with §§ 433 ff. BGB. Guarantee is limited to one year in business transactions with businesspersons and Zimpel Budinger GbR is entitled to either repair the product or replace the product free of charge.
- Zimpel Budinger GbR is liable for the following:
- the full amount of damages in the case of gross negligence on its part,
- on the merits of any culpable breach of essential contractual obligations,
- beyond such obligations also on the merits of gross negligence of auxiliary persons, unless Zimpel Budinger GbR can exclude its liability by virtue of commercial practice,
- for the previous two cases in the amount of the average foreseeable damages value only.
Contributory negligence of the customer will be imputed accordingly. Liability due to intent, guarantee, malice and against persons as well as complying with product liability law remain unaffected.
§ 8 Force majeure
In the case that Zimpel Budinger GbR is not able to fulfil its obligations due to reasons of force majeure, it is exempted from performance of its obligations for the duration of the hindrance.
The customer is entitled to terminate the contract if Zimpel Budinger GbR is unable to fulfil the order or deliver the goods for longer than one month due to force majeure.
§ 9 Place of fulfilment and place of jurisdiction
The language of the contract is German.* All contracts concluded on the basis of these general terms and conditions are exclusively subject to German law. Königstein/Taunus is the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, in as far as the customer is a commercial agent according to HGB, a legal person under public law or public law special assets.
§ 10 Final provisions
If any of these terms and conditions is or becomes invalid, then the remaining terms and conditions remain in full force and effect. Zimpel Budinger GbR and the customer will mutually replace the invalid term with a valid term that best serves the commercial intentions of both contractual partners.
* These general terms and conditions have been drawn up in the German language and all other language versions are translations. The original language is the authoritative version for judicial interpretation.