§ 1 General, scope
The following General Terms and Conditions govern the contractual relationship between farbstifte.net and natural persons and businesses who use the farbstifte.net onlineshop (hereafter „purchasers“). The General Terms and Conditions apply to the use of farbstifte.net and all subdomains. In each case the version as amended at the time the contract is entered into shall prevail. The official language of the contract is German.
Consumers within the meaning of these General Terms and Conditions are natural persons, who enter into a business relationship with farbstifte.net, without acting in a corporate capacity or in an occupational activity.
Entrepreneur within the meaning of these General Terms and Conditions are natural or legal persons or legal persons societies, acting in their corporate capacity or in an occupational activity. with farbstifte.net.
§ 2 Conclusion of the contract
The products of farbstifte.net constitute a nonbinding offer to purchasers to order goods from the farbstift.net onlineshop.
The purchaser makes a binding offer to conclude a contract of sale, when he orders an article online.
farbstifte.net is entitled to accept this offer within 1 day by sending an order confirmation. The order confirmation is sent by e-mail. If the period stated in Sentence 1 expires effectless, the offer is regarded as being rejected.
§ 3 Payment, due dates, delayed payment
Goods must be paid for in advance by bank transfer, PayPal or direct debit. We reserve the right to accept or decline certain payment methods in individual cases.
If paying in advance by bank transfer or by PayPal, the purchaser obligates himself to pay the purchase price including shipping charges immediately after the purchase.
If payment on account is agreed, the purchaser commits himself to pay the invoiced amount within 7 days after receipt of the goods.
If the purchaser is late with payment, he is liable for all negligence meanwhile. He is also liable for services in the event of accidental events, unless the damage would have occurred even if the services had been on time.
Interest is added to the purchase price when the payment is delayed. The interest on delayed payments for the year is five percent above the base interest rate. It is eight percent above the base interest rate when consumers are not participating.
Claims for further damages are not excluded.
§ 4 Delivery
The purchased articles are delivered to the address given by the purchaser.
If paying in advance is agreed, the delivery takes 1 - 4 working days within Germany (international: 2 - 7 working days) after full payment has been received. In other cases, the delivery takes 1 - 4 working days within Germany (international: 2 - 7 working days) after the order confirmation has been sent.
Delivery costs are EUR 0 - 6,90 within Germany (EUR 7,60 - 48,50 international) and must be paid by the purchaser. Unless stated otherwise, for deliveries outside of Germany the price for postage and packaging is calculated separately by the weight of the good. If the purchaser requests a special form of delivery that costs more, he must bear the extra costs.
If the purchaser gains the purchased article in a corporate capacity or in an occupational activity, he bears the risk of the product’s accidental loss or damage as soon as farbstifte.net has given it to the forwarding agent, the freight carrier or any other individual or institution charged with delivery.
Return charges when the customer is a consumer: You have to bear the cost of return if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed a sum of 40, - Euro or if the goods are not payed or partial payed (like agreed in the contract) at the time of revocation.
§ 5 Reservation of title
The goods remain the property of farbstifte.net until full payment has been effected. The pledging, provision as security, processing or modification of the article before transfer of ownership is not permitted without the express consent of farbstifte.net.
§ 6 Prices
The quoted price of the article is the full price including any VAT due and other price elements. The price excludes postage, packaging and delivery, as well as duties, taxes and charges which may be billed by your state or the forwarding agent, the freight carrier or any other individual or institution charged with delivery. These duties, taxes and charges differ internationally and cannot be predicted.
§ 7 Termination
farbstifte.net has the right to terminate the contract at any time, including the case where part delivery has been made or is outstanding, if false information about the customer’s financial capacity has been supplied or objective reasons for the customer’s financial incapacity appear, e.g. insolvency proceedings or rejection of a respective application due to lack of funds. The customer has the right to provide an advance payment or a suitable security, to prevent termination.
Without prejudice to any claims of damages, in the case of a part-delivery and termination from the contract at this stage those items and products which have been delivered to the customer must be invoiced and paid according to the contract.
§ 8 Warranty
Warranty towards consumers:
a) farbstifte.net is responsible to ensure that the product is free of faults at the moment of handing it over to the customer. If a fault shows within six months after delivery, it will be presumed that the product had been faulty at the time of handing over, except if that presumption is not in accordance with the type of product or type of fault. If the fault becomes apparent after the expiration of six months, then the customer must demonstrate and provide prove that the product was faulty at the time of delivery.
b) If the product is faulty at the time of delivery, the customer has the right to choose between the contract’s fulfilment by repair of the product or by the replacement of the product. farbstifte.net is entitled to refuse the chosen type of fulfilment if that is only achievable with unreasonable costs and the other type of fulfilment does not bring considerable disadvantages to the customer.
c) If the supplementary performance fails, the customer has the right, according to his choice, to reduce the payment of the price or withdraw from the contract and to claim damages. If the fault is minor the customer has no right to withdraw from the contract.
d) The customer’s statutory rights expire within two years. If a used product has been sold the statutory rights expire within one year.
The yearlong period of limitation is not applicable for claims for damages.
Warranty towards professionals:
a) If an order is part of a customer’s trading business, then the customer is obliged to check the delivered goods immediately regarding deviations from specified condition and amount, and in case of visible defects or deviations farbstifte.net must be notified by the customer within one week. If notification is not made within one week then statutory rights will be excluded. Non-visible damage or defect in the supplied product must be reported in written form within one week after discovery. To meet the deadline, timely mailing shall suffice.
In this case the Customer will have to prove all conditions for his claims under statutory rights, in particular the specific fault itself, the time of its discovery and the timeliness of the faults reporting.
b) In cases of a defect or fault farbstifte.net will repair or replace the product according to the choice of farbstifte.net.
c) The Customer’s statutory rights expire after one year from receipt of goods. The period of limitation is not applicable for claims for damages.
If farbstifte.net replaces the product it may demand the Customer to return the faulty product.
farbstifte.net is not liable for defects due inappropriate or non-contractual handling by the Customer during setting up, connecting, operating or storing the article.
§ 8 Limitation of liability
farbstifte.net is only liable for damage other than injury to life, limb or health to the extent that the damage was due to deliberate or gross negligence or breach of a material contractual obligation on the part of farbstifte.net or its agents.
An obligation is essential contractual is one which must be met if the contract is to be properly fulfilled and on which the purchaser may normally rely. Liability for damages beyond that is excluded. Claims under a guarantee given by farbstifte.net in relation to the condition of the article and under the product liability law are hereby unaffected.
According to the current state of the technology we cannot guarantee the perfect stability and/or availability at all times of data communication over the Internet. Therefore we are not liable for the full availability of our online shop.
§ 9 Choice of law
All discrepancies evolving from this legal relationship are subject to the laws of the Federal Republic of Germany.
This choice of law only applies to consumers to the extent that they are not deprived of the protection provided under mandatory statutory provisions in the country in which the consumer is normally resident. The UN Convention on the International Sale of Goods does not apply.
If the buyer is a businessman, a legal entity under public law or special fund under public law the exclusive jurisdiction for all discrepancies arising under this contract is the business location of farbstifte.net. The same applies if the buyer has no general jurisdiction in Germany or the domicile or habitual residence at the time of commencement of action are not known.
§ 10 Severability clause
If any clause of these General Terms and Conditions is or becomes invalid or unenforceable, this shall not affect any other clauses of these General Terms and Conditions unless the inapplicability of individual clauses would put one of the parties to the contract at such an unfair disadvantage that that party could no longer be expected to adhere to the contract.
End of General Terms and Conditions
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Instruction of the right of revocation
§ 1 Instruction of the right of revocation, Right of Return
You can revoke your contractual statement within one month without stating reasons in text form (e.g. letter, fax, e-mail), or by return of the goods in case of their surrender before the cancellation period ends.
The revocation period begins at the earliest with receipt of this instruction, but not before the goods are received by the recipient (if similar goods are delivered, then the revocation period begins at the earliest with the receipt of the first partial delivery) and not before we fullfilled our duty to supply information pursuant to § 312c Abs. 2 BGB in relation with § 1 Abs. 1, 2 and 4 BGB-InfoV and our duty pursuant to § 312e Abs.1 Satz 1 BGB in relation with § 3 BGB-InfoV. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.:
Anja Fuhrbach, Akazienweg 15, 48720 Rosendahl, Germany, info@farbstifte.net
§ 2 Revocation consequences
In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received and any uses (such as use advantages).
In the case that the received goods in total or partially not or deteriorated, you must pay value compensation if applicable. With the surrender of goods this does not apply if the deterioration of the goods result solely on their examination - as it would have been possible in a retail store. If you use the goods according to their specifications then you will not be held responsible of any replacement upon deterioration. Paket transportable goods have to be returned to our risk. You have to bear the cost of return if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed a sum of 40, - Euro or if the goods are not payed or partial payed (like agreed in the contract) at the time of revocation. Otherwise, the return is free of charge for you. Goods that cannot be shipped in parcels will be picked up at your address. Payments have to be refunded within 30 days. Obligations to reimburse payments must be made within 30 days. The time limit begins for you with the dispatch of the revocation or the goods, for us with their reception.
§ 3 Special Information
The right of return does not apply to distance contracts („Fernabsatzverträgen“)
1. for the delivery of goods, which are produced after customers specifications or are made for their personal needs and requirements, or which are not suited for returns, or which are perishable, or which expiration date has passed, or which have been used.
2. for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer or
3. for the delivery of (news)papers or magazines.
End of the instruction of the right of revocation
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Diese AGB wurden von den janolaw Rechtsexperten erstellt und in der anwaltlichen Praxis überprüft. Die janolaw AG garantiert für die erstklassige Qualität dieses Produkts und haftet im Falle von Abmahnungen. Nähere Infos zur janolaw Haftungsgarantie unter http://www.janolaw.de/haftungsgarantie_agb.html
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