General Terms and Conditions
§ 1 General
a) Area of Validity
These General Terms and Conditions in their current version shall be valid for all business relations between Arvid Kammler, 99423 Weimar (hereafter called: Arvid Kammler), and their customers at the time of contract completion.
b) Contract Agreement
Contract language is German and English. Contrary General Terms and Conditions by the customer are hereby expressly rejected. In the event of any discrepancy, the German version of these General Terms and Conditions shall prevail.
c) Close of Contract
The description of the product line in Arvid Kammler’s Internet shop is subject to change and not binding. The order process on this website consists of a total of four (4) steps. In the first step, the client selects the desired merchandise.
In the second step, he can check his selection and calculate the shipping costs based on the delivery location. In the third step, he enters his data including billing address and, if necessary, different delivery address. Also he can chooses a payment method. In the fourth step, the client has the opportunity to double-check all data (i.e. name, address, payment method, ordered merchandise) and, if necessary, to correct data entry errors before they confirm their order by clicking the button “Purchase Now”. This order signifies the customer’s legally binding contract offer. Arvid Kammler will confirm the receipt of the order immediately. The confirmation receipt does not yet represent a legally binding acceptance of the order. Arvid Kammler is entitled to legally accept the commissioned contract offer within two (2) days after receipt of the order by email, facsimile, telephone, regular mail or by sending the merchandise. This acceptance closes the contract between Arvid Kammler and its client.
d) Saving the contract’s text body
The contract’s text body shall be saved by Arvid Kammler and shall be sent to the customer in writing (i.e. email, facsimile or mail) in addition to the present General Terms and Conditions and Customer Information, after their order has been submitted. The contract’s text body shall not, however, be accessed by the customer via the seller’s Internet website after having submitting their order. The customer may print the applicable website’s page showing the contract’s text body through the browser’s Print function.
§ 2 Delivery
a) Partial shipments
Arvid Kammler shall be entitled to partial shipments when it is deemed acceptable to the customer. In the case of partial shipments, the customer shall, however, not incur any additional shipping cost.
b) Delays in delivery and services
Delays in delivery and services based on acts of God/force majeure and extraordinary and non-foreseeable events, which even with extreme precaution by Arvid Kammler cannot be prevented (including especially: strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller despite the appropriate covering transaction to that effect), are not to be imputed to Arvid Kammler. They entitle Arvid Kammler to postpone delivery by the time period of the hindering circumstance.
c) Cancellation of Contract
At non-availability, based on the above-mentioned reasons, Arvid Kammler may cancel the contract. Arvid Kammler commits to inform the customer without delay about the non-availability and shall reimburse in return any services already rendered.
d) Delivery Exclusions
Delivery shall not be made to postal boxes.
e) Delay of Acceptance
Should the customer be in delay of acceptance of the goods ordered, Arvid Kammler shall be entitled, after an appropriate grace period, to cancel the contract and file for damages because of delay or non-compliance. During the delay of acceptance, the customer carries the risk of accidental loss or accidental deterioration. This shall not be the case in the event that the person ordering exercises their legal right of cancellation through non-acceptance of the goods.
f) Delivery time
If not otherwise expressly agreed to, the point of begin of delivery starts within 60 business days. For advance payment the commencement of the term is the day of the entering of the payment order to the credit bank. This period will end 60 business days after that.
§ 3 Payment
a) Prices and Shipping cost
All prices are inclusive of the applicable German Value Added Tax rate (German: Umsatzsteuersatz) at the time of delivery plus the cost of shipping and handling which shall be shown separately.
b) Delay of Payment
The customer shall be in delay of payment when payment has not been received by Arvid Kammler within two weeks after receipt of invoice. In case of delay of payment, interest in the amount of five percentage points above the European Central Bank’s base interest rate, that is nine percentage points above the European Central Bank’s base interest rate, are calculated for legal transactions which did not involve a consumer. Should the customer be delayed with their payments, then Arvid Kammler reserves the right to charge overdue fees in the amount of EUR 2,50. The assertion of further damages shall remain undisputed. The customer has the possibility to proof that Arvid Kammler suffered no or only a minimal amount of harm.
c) Right of Retention
The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.
d) Payment Methods
The following payment options are available: Paypal and prepayment.
§ 4 Notice to the Right of Cancellation for consumers with long-distance contracts
Notice to the Right of Cancellation
Right of Cancellation
You have the right to cancel your contract within fourteen (14) days without stating reasons.
The Cancellation Period is fourteen (14) days from the date on which you or a third person authorized by you, who is not a promoter or carrier, has taken possession or takes possession of the merchandise or the last goods.
To exercise your Right of Cancellation, you must inform us (Arvid Kammler, Weimar, Telephone: +49 (0)1785562523, Email: mail@clarkkable.com) by sending an unequivocal explanation (i.e. a letter sent by regular mail or email) about your decision to cancel this contract. You may use the attached Sample Form of Cancellation, which, however, is not mandatory.
To guarantee the Cancellation Period, it suffices that you send the Notice to the Right of Cancellation before the end of the cancellation period.
Consequences of the Notice to the Right of Cancellation
When you cancel this contract, we will have to return to you all payments which we have received from you, including the delivery cost – as far as these were covered by the customer – (with exception of the additional cost resulting from a different type of delivery method which you may have chosen other than the least expensive standard delivery method offered by us), immediately and within fourteen (14) days at the latest, from the day on which we received the Notice of your Cancellation. For this repayment we will use the same form of payment which you used for the original transaction, unless other arrangements were specifically made with you, under no circumstance will we charge you with fees due to this repayment. We can refuse the repayment, until we have received the return of the merchandise or until you will have provided proof that you sent back the merchandise, depending on which point of time comes first.
You have to send back or hand over the merchandise immediately and in any case within fourteen (14) days at the latest from the day on which you inform us about the Cancellation of this contract. The period is adhered to when you send back the merchandise before the end of the fourteen (14) day period. You are charged with the immediate cost of the return of the merchandise.
You only must bear the expenses for a possible loss of value when this loss of value, after having examined and tested the merchandise’s texture, qualities and functionality, results from unnecessary handling by you.
– End of the Notice to the Right of Cancellation –
Exclusion of the Right of Cancellation
The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer. Likewise, there is no application of the right of cancellation to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
§ 5 Right of Ownership
The goods delivered shall remain property of Arvid Kammler until paid in full. The customer agrees to handle the goods carefully at all times based on simple right of ownership. The customer shall waive a claim or exchange to Arvid Kammler which the customer shall receive for the delivery of damaged, destroyed or lost goods. Should the customer be in breach of contract, especially when payment is delayed, Arvid Kammler shall be entitled to take back the merchandise. The return of goods shall constitute a cancellation of contract.
§ 6 Warranty Rights
a) Warranty claim
The statutory warranty rights exist subject to what is agreed between the parties. A warranty claim may only be made concerning the condition of the merchandise; reasonable deviations in regards to aesthetic characteristics of the merchandise shall not come within the warranty claim. If there are any guarantee in addition to the warranty claims, you will find their exact terms and conditions on the product. Possible guarantees do not affect the warranty rights.
b) Transfer of risk
Risk of accidental destruction or deterioration of merchandise ordered shall only be transferred upon the customer’s receipt of goods.
c) Notification
Should the customer realize that they receive goods in damaged packaging or notice damage after receipt of the goods, the customer shall inform Arvid Kammler. There shall neither be an obligation to such notification nor shall the customer’s warranty rights be affected by an omitted notification.
d) Subsequent performance
Should the merchandise be defective, the customer may choose to require subsequent performance in form of repair or delivery. In the event that, even after two attempts, the defect could not be corrected, the customer may choose to cancel the purchase or reduce the price.
e) Rights regarding non-essential defects
Should a non-essential defect exist, the customer shall be entitled only to the right of an appropriate reduction of the purchase price excluding the right to cancel.
f) Damages for defects
No liability is assumed for damage which may be based on the incorrect handling or use of the merchandise. Arvid Kammler shall only provide damages for the goods’ defects in the event of intent or gross negligence. This exclusion shall not be applied to liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
g) Warranty towards business owners
The following regulations apply towards business owners, apart from the statutory warranty regulations: in case of defect, Arvid Kammler shall provide subsequent performance based on the customer’s choice in form of defect removal or renewed delivery. The risk of accidental loss or deterioration of the goods shall already be transferred to the person responsible for the transport. Warranty claims shall be subject to statutory limitation within one year after the pre-determined risk transfer.
h) Business owners’ duty to objection
Business owners are obligated to immediately inform in writing of obvious defects: otherwise the validity of warranty claims shall be excluded. Timely mailing of the objection within the grace period shall suffice. The business owner shall produce proof in its entirety that all conditions for a claim have been met, especially the defect itself, the exact time of discovery of the defect and the timeliness of the objection regarding the defect.
§ 7 Responsibility of the Customer
a) Content of Customer Order
The customers themselves are responsible for content and accuracy of the data transmitted. Additionally, the customer is obliged not to transmit any data whose content violate the rights of third parties or against existing laws. The customer confirms through the submitting of data to Arvid Kammler to have adhered to the copyright regulations.
b) Indemnification
The supplier holds Arvid Kammler free from all claims which are made by third parties for such breaches against Arvid Kammler. This includes also expense reimbursement in the case of necessary legal representation.
§ 8 Liability
a) Liability exemption disclaimer
Arvid Kammler, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence based on the following clause. In case of slight negligence, liability shall only cover the violation of essential contractual duties, consequently of such duties whose compliance is of special importance for the fulfillment of this contract’s purpose. Liability shall only be limited to the foreseeable, contract typical, immediate average damage. Arvid Kammler shall only be liable in case of a gross negligent violation against non-essential contractual duties in the amount of the foreseeable, contract typical, immediate average damage towards customers who are not consumers.
b) Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
§ 9 Final clause
a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Arvid Kammler in Weimar, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall valid excluding the UN Convention on the International Sale of Goods.
c) Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.
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