General terms and conditions
1. Placing of order
The customer recognizes on our terms of payment and supply with his order, which is given in writing by fax or letter to our firm address or online from the InterNet Shop.
It applies excluding the law of the Federal Republic of Germany. The offer is not-binding; Possibility of delivering in reserved. We refer to our free disposition authorization. There is no minimum purchase order value. By clicking the Buttons "order" you set an obligatory order of the goods that contained in the InterNet Shop basket. The confirmation, that the order was received, follows immediately after mailing the order. The sales contract does not come off with our automatic order confirmation.
2. Prices
All quotations are without guarantee. The prices are inclusive of the at present valid legal value added tax. The prices determine themselves according to the relevant price list at the time of the order arrived. Books and Comics are subject of the legal application of fixed prices.
3. Deliverability
A delivery obligation from our part deos only exists after an explicit written offer, which can also be dispatched as E-Mail. A delivering delay do not entitle to claims for damages. The delivery by instalments is permissible. Each partial delivery is considered as independent business and can be computed separately by us. Implemented partial deliveries are not recorded by the right of withdrawal. Longer delivery times, than the agreed upon can occur, with imported goods and handmade articles. Likewise these goods can deviate slightly in the exact execution from the figurative and written representation. If a delivering delay appears, we have the right on an appropriate subsequent delivery period. If the commodity is supplied within the subsequent delivery period, then delivery was in time. If our supply is being delayed, without our blame for retards, whereby the reason of the delay does not need to be proven by us, over more than 12 weeks, then both partners have the right of withdrawal without requirement of compensation demands or other claims. If products are not supplyable, the customer is informed as fast as possible. If we make use from our right of withdrawal, we will refund our already preformed work immediately. Supplies take place after our choice or according to special agreement starting from Leverkusen in the mode of shipment most favorable for us.
4. Product data
All product data were provided from us to manufacturer data or best knowledge. Many articles are handmade, so deviations from the represented copies can arise. Therefore the representations are modell examples. If there are slight deviations of the supplied commodity to the representation shown, this will not entitled to the resignation from the sales contract. If a resignation should be accepted on our part, this happens on fair trading base. Special productions and special orders are excluded from the conversion. If with us or our suppliers occur errors in the manufacturing, the rework period which can be granted by the customer amounts to 4 weeks.
5. Terms of payment:
The dispatch takes place by pre-payment or by payment on delivery. The buyer bears the cost of the delivery.
6. Interest
If the payment falls behind, reminding expenses and interests are computed.
7. Reservation of Title
Supplied articles remain our property up to the complete payment. The buyer can sell the goods in the context of a normal business. In response the buyer steps demands, which develop from the resale of the commodity, up to the value of our demand against him, at us off, as long as our demands on him did not expire. A seizing or a transfer by way of security of the commodity to favour third, in our retention of title, is impossible. In the case of seizing the goods before transfer of title by other creditors or revenue offices, a immediate report to us has to be made.
8. Notification of Complaints and Warranty
The receiver commits itself to examine the commodity immediately after arrival for quantity and quality and to report us any damage within one week in writing, as well as to the suplier in writing immediately the damage to announce (defective cardboard etc.). A copy of this announcement must be send to us.
9. Age proof / Adhesion committee
With the order of alcohol and/or pyrotechnic articles we need a age proof by fax, E-Mail or letter. A delivery at persons under 18 years is not possible. For damage to the commodity and/or persons or things, caused by inappropriate use or by abusive use, we do not take over adhesion.
10. Place of Performance, Legal Venue and Governing Law
Michael Manegolds Ars Sica shall be regarded as the place of performance for deliveries. The legal venue is the Local Court of Leverkusen, if the Buyer if a registered trader within the meaning of the German Commercial Code (HGB).
11. Force Majeure
Both parties reserved to themselves the default respectively defective completion of their terms of contract as a result of events which they do not have to represent and which they did not knew while acting in good faith when the contract was signed.
If such an incidence arrives the affected party is engaged to brief the counterparty about the incident and the relevance for the fulfilment of the contract directly.
If the impossibility to accomplish the contract takes more than two month both parties have the right to exit the contract without compensation and directly.
12.Widerrufsbelehrung für Fernabsatzverträge
Your are no longer bound to your order, if this is recalled within a period by two weeks after receipt of the commodity. The revocation does not have to contain reason and is to declare in text form or by return of the commodity within two weeks to:
Michael Manegolds Ars Sica
Overfeldweg 34a
D-51371 Leverkusen
Germany
Tel.: +49 (0)214 9098222
Fax: +49 (0)214 3148485
E-Mail: ars-sica@ars-sica.de
To meet the deadline, the timely sending of the commodity is sufficient. This right of revocation does not apply to special preparations after customers requests. |