GENERAL TERMS AND CONDITIONS OF
BUCHTONNE.DE
Welcome to Buchtonne.de
§ 1 scope and supplier
(The general Terms and Conditions
(called "AGB" followingly) regulate the sale of products by
Buchtonne.de) (following supplier) to you, in hers at the time of the order
valid setting 1.
(Divergent AGB of the customer are
rejected 2).
(You read these conditions attentively 3
before you mail an order to Buchtonne.de) request. By task of an order to
Buchtonne.de you agree to the application of these terms on your order.
(On Buchtonne.de we offer you the sale
of the following products) 4: New, -and second-hand goods as well as services.
§ 2 taking place of the contract
(Contracts on this portal can be
concluded 1) exclusively in German.
(The offers are) aimed exclusively at
end consumers 2 with an invoice and delivery address in Europe. The possible
shipping addresses as well as the delivery place can be limited at single bulky
goods articles, the restriction is expelled in the respective list price.
(The customer must have completed the
18th year of life 3).
(The presentation of the goods in the
online shop does not represent legally effective supply) 4. By the presentation
of the product the customer is invited merely to make an offer to buy.
(Your order represents a supply of
Buchtonne.de at the conclusion of a sales contract) 5. The customer hands in an
obligatory offer if selects the online he has passed through process of
ordering under petition of the details required there and in the last ordering
step of the badge "order obliged to pay".
(The sales contract between the supplier
and the customer takes place 6) only by a declaration of acceptance of the
supplier. This is carried out to the earlier of the two appointments, either
sending the product or sending a declaration of shipment by e-mail. Take into
account that the confirmation does not represent any declaration of acceptance
over the receipt of your order in the meaning mentioned before.
(7 require the express confirmation) the
effectiveness of contracts about greater than household usual sets as well as
the commercial resale of the purchase object on the part of the supplier. This
refers both to the number of ordered products in the context of an order and to
the task of several orders of the same product at which the individual orders
cover a household usual crowd.
(Your orders are saved 8) with us after
contract end. If you should lose your documents for your orders, please consult
by e-mail or telephone us. We send you a copy of the ordering data.
(You agree that you receive invoices
electronically 9). Electronic invoices are provided to you by e-mail or in the
credit account of the web page. We will inform you for every delivery in the
declaration of shipment about whether an electronic invoice is available. You
receive further information about electronic invoices on our web site.
§ 3 prices and transportation costs
(Our prices 1 contain the respectively
valid legal value added tax and get on with dispatch cost lump sum and
transportation costs surcharge). The transportation costs surcharges vary
depending on delivery type and article composition.
(Despite our greatest efforts a small
number of products can be honoured with the wrong prize 2) in our catalogue. We
check the prices if we process your order and before we load the payment. If a
product is honoured with a wrong prize and the correct price is higher, as the
price on the web page we will contact you before dispatch of the product to ask
you, whether you would like to buy the product at a correct price or cancel the
order. If the correct price of a product should be lower than the price given
by us, we will calculate the lower amount and send you the product.
(The prices are valid it) at the time of
the order 3. The prices are valid, if list prices should be available, the at
the time of the order of a valid list price.
§ 4 delivery and cancellation
(Provided that not different 1 agree),
the delivery is carried out to the shipping address given by the customer. You
find indications for the availability of products which are sold by
Buchtonne.de (e.g. on the respective product detail side) on the web page. We
point out that all details on availability, dispatch or delivery of a product
are merely expected details and approximate reference values. You do not
represent any obligatory or guaranteed dispatch or delivery dates unless this
is particularly described as an obligatory appointment at the dispatch options
of the respective product.
(2) be you informed separately about it
by e-mail or by message in your credit account provided that Buchtonne.de
notices during the processing of your order that products ordered by you are
not available. The legal claims of the customer remain untouched.
(As far as a delivery to the customer is
not possible because the delivered product does not match by the entrance,
front door or the stairs staircase of the customer or because the customer is
not found under the shipping address given by him although the delivering time
was announced for the customer with an adequate period the customer bears the
costs for the unsuccessful delivery) 3.
(The delivery is) carried out 4
depending on mode of payment of the customer. The delivery after the granting
of the payment order to the transferring credit institution is carried out at
advance payment. For payment by Paypal, credit card, present card, debit note,
immediately transfer or invoice the delivery is carried out after contract end.
(Into more than a package your order is
sent, can happen 5) if that you get a declaration of shipment of your own for
every package. In this case a separate sales contract takes place regarding
every declaration of shipment between us about the products listed in the
respective declaration of shipment. Contracting party is Buchtonne.de.
Notwithstanding your revocation right you can cancel your order free of cost
for a product any time before sending the accompanying declaration of shipment.
***(6) Dieses Recht zur Stornierung
besteht nicht bei bestimmten Produktgruppen und Services, einschließlich
digitaler Inhalte oder Software, die nicht auf einem körperlichen Datenträger
(bspw. auf einer CD oder DVD) geliefert werden, sofern der Download oder die
Nutzung (je nachdem, welches der frühere Zeitpunkt ist) begonnen hat. ***
§ 5 inches
(You can 1 for import customs) if you
order products from Buchtonne.de for the delivery outside the European Union,
and-head be subject, these be lifted up as soon as the package reaches the
certain final destination. Any additional charges on the customs clearance must
be carried by you, we do not have influence on these charges. Tariff
regulations are strongly different from country to country so that you should
contact your local customs authorities for nearer information.
(Furthermore you take into account 2, please,
that you must be looked at at orders at Buchtonne.de as introducing and observe
all laws and ordinances of the country in which you get the products). The
protection of your data is important to us and we would like to draw the
attention of our international customers to the fact that cross-border
deliveries of the opening and examination by customs authorities are subject.
Please, for further information read our custom information.
§ 6 payment
(The customer can 1 pay the product) by
the following modes of payment: PayPal, advance payment, transfer, debit note,
invoice and bar at collection.
(Certain modes of payment can be
excluded by the supplier in the individual case 2).
(It is not allowed to the customer 3 to
pay the product by sending cash or cheques).
(4 the customer should choose an online
payment method, the customer authorizes to the supplier through this to retract
the due amounts at the time of the order).
(5 the supplier should offer the payment
by advance payment and the customer choose this mode of payment, the customer
has the invoice amount within five calendar days on receipt of the order toward
the account of the supplier) transfer. The supplier reserves the product for
five calendar days correspondingly.
(6 the supplier should offer the payment
by credit card and the customer choose this mode of payment, this particularly
authorizes the supplier to retract the due amounts after dispatch of the
partial deliveries or goods deliveries).
(7 the supplier should offer the payment
by debit note and the customer choose this mode of payment, the customer places
a SEPA base mandate with the supplier). If it should come to a reversing entry
of a payment transaction for the payment by debit note for lack of account
cover or due to data of the banking connection transmitted wrongly, then the
customer has to bear the costs for this.
(8 the supplier should offer the payment
by advance payment and the customer choose this mode of payment, the customer
obliges himself to settle the invoice amount without any deduction of cash
discount within 14 days, after in-payment the product is sent).
(9 the customer should come behind
schedule with the payment, the supplier reserves the assertion of the
delay/damage for himself so).
§ 7 setting off and retention
(The right to the setting off is only
entitled to the customer 1 when the counterdemand of the customer has been
stated finally or was not denied by the supplier).
(The customer only can 2 exert a
retention as far as your counterdemand is based on the same contractual
relationship).
§ 8 reservation of title
Buchtonne.de reserves the property for
itself at the product until fully paid.
§ 10 Mängelrecht
(1 the customer is a consumer, goes the
guarantee and liability for faulty goods of the delivered purchase object so by
the legal regulations): Therefore customers have guarantee rights in addition
to your 30 days return warranty in the European Union for a period of two years
as of the delivery of the product and can demand the repair or the replacement
of the products bought on Buchtonne.de if these prove when unsatisfactory or
not as described. If the product cannot be repaired or replaced without
difficulties within an adequate time or not, you can demand the refund or
reduction of the selling price.
(In the case of second-hand goods the
guaranteed period can 2 be shorter than two year).
(3 the customer is not a consumer,
becomes the defect by new delivery or new fulfilment removes so).
(The customer is) 4 no consumer is the
limitation period a year so. On the whole this is not valid any damage and
charges compensation entitlements, this one himself on a replacement of a
damage with respect to bodies and health or on firm intention or gross
negligence be asserted.
§ 11 liability limitation (products.)
(The supplier is) liable for claims for
compensation of the customer 1 from the injury of the life, the body, the
health or from the injury of essential contractual duties as well as for other
damages, these being based on their deliberate or roughly negligent breach of
duty or one of the legal representatives or vicarious agents of the supplier.
(Duties the fulfilment are necessarily)
as essential contractual duties, regarded for the attainment of the aim of the
contract 2 is.
(3 the supplier is liable for injuries
of essential contractual duties, which is based on contract typical,
foreseeable damages, the damage provided simply was caused negligently). This
limitation does not apply to claims for compensation of the customer which are
based on an injury of the life, the body or the health.
(The regulations of the product
liability law remain untouched 4).
(5 on the whole the liability of
Buchtonne.de is excluded or restricted, this also applies to the personal
adhesion of employees, representatives and vicarious agents).
§ 12 revocation instruction
(1 the customer is a consumer, he has a revocation right according to the
following regulations so):
The
revocation period at new goods is revocation periods have to be taken into
account depending on information from the seller for 14 days at second-hand
goods.
(2) revocation right
You have the right to revoke this contract without detail of reasons within
fourteen days. Fourteen days as of the day on which CD, named third party into
possession who is not the carrier, you or one of you have taken the product (or
the last goods, partial shipment or piece in the case of a contract over
several goods of a uniform order or the delivery of a product in several
partial shipments or pieces) or as of the day of the contract end in the case
of digital contents is these not delivered on a physical data carrier be the
revocation period (e.g. or DVDs), withdrawn without detail of reasons.
To exercise your revocation right, you must inform us by means of a clear
explanation (e.g. a letter, telefax or e-mail, sent by post) about your
decision to revoke this contract. You can use the sample revocation form on our
internet page or transmit another clear explanation to us for this. If you make
use of this possibility, then we will immediately transmit a confirmation to
you (e.g. by e-mail) over the receipt of such a revocation.
It suffices, that you mail the communication about the practice of the
revocation right before expiry of the revocation period and you the goods about
we online have returned moving sending centre within the period defined below
for the preservation of the revocation period. Please, for additional
information with regard to the reach, the contents and explanations for the practice
you consult ours customer service.
(Within 14 days as of the day on which 3 has arrived the communication
about your revocation of this contract with us, if you revoke this contract, we
have results of the revocation to repay you all payments including the delivery
costs (with the exception of the additional costs which arises that you have
chosen another type of the delivery as the standard delivery which is offered
by us and most favourable) immediately and at the latest we have received from
you). We use the same means of payment which you at the original transaction
have used unless with you something else particularly was agreed on on no
account be charged to you because of this repayment considerations for this
repayment.
We can that you have returned the goods, depending on which the earlier
time is, refuse the repayment until we have had the goods returned again or
until you have furnished the proof. You have immediately and in every case to
return or to submit the goods to the seller at the latest within 14 days as of
the day on which you inform us about the revocation of this contract. The
period is caught sight if you mail the goods before expiry of the period of 14
days. You bear the immediate costs of the return of the goods. Not package dispatch
capable things can be collected from you.
(4) exceptions to the revocation right
You
only must pay for a possible depreciation of the goods if is not this
depreciation to explain necessary dealing with them by one for the check of the
composition, qualities and operation of the goods.
The revocation right is not or expires at the following contracts:
for
the delivery of goods for reasons of the protection of health or for hygiene
reasons these suitably for the return are not out and the sealing was removed
after the delivery or which was mixed inseparably with other goods after the
delivery due to their composition for the delivery of clay or video recordings
or computer software in a sealed packet, if the sealing was removed after the
delivery,
for the delivery of goods which are
made after customer specification or are tailored to the personal needs
obviously
for the delivery of goods which can
become ruined fast or whose expiration date would be exceeded fast;
at services, if the service provider
has rendered these completely and you have taken note and particularly agreed
before the order that we can start with the provision of the service and you
lose your revocation right at a complete performance of a contract,
for the delivery of newspapers, or
magazines with the exception of subscription contracts; and for the delivery of
alcoholic drinks whose price was agreed on at the conclusion of the sales
contract, however, the delivery be carried out only after 30 days can and the
current value depends on fluctuations on the market, the businessman does not
have influence on it.
§ 13 exclusion of the revocation right
(1 there is not the revocation right at contracts for the delivery of
goods, which is not prefabricated and for the production an individual choice
or regulation substantially is by the consumer) or which is tailored to the
personal needs of the consumer obviously,
• for the delivery of
goods which can become ruined fast or whose expiration date would be exceeded
fast,
(The revocation right expires 2) at contracts early
• for the delivery of
sealed goods which are not suitable for the return for reasons of the
protection of health or the hygiene, if their sealing was removed after the
delivery,
· for the delivery of
goods, if these were mixed inseparably with other goods after the delivery due
to composition of their,
· packet sealed for the
delivery of clay or video recordings or computer software in one, if the
sealing was removed after the delivery.
§ 14 protection of data privacy
(1 personal data (e.g. name, address, electronic mail address) should be
imposed, we commit each other to doing it) consent to catch up with your
previous one. We oblige each other to pass no data on to third parties unless
you have consented before.
(Third parties are not authorized to use contact data for commercial
activities provided that the supplier has assigned a written consent to the
persons concerned before 3).
(You have the right 4 any time to receive information from Buchtonne.de
about the data stock concerning you completely and free of charge).
(Furthermore a right to correction/deletion of data/restriction of the
processing exists 5) for the user.
§ 15 cookies
(For the indication of the range of product it can 1 happen), that we use
cookies. Cookies are little text files which are saved locally in the
intermediate memory of the Internet browser of the page visitor.
(Numerous internet pages and servers use cookies) 2. Many cookies contain a
so-called cookie ID. A cookie ID is a clear signal of the cookie. It consists
of a string, being able to be assigned to the concrete internet browser by
which internet pages and servers, in this the cookie was stored. This makes it
possible for the frequented internet pages and servers to distinguish the
individual browser of the person of other internet browsers which contain other
cookies concerned. A certain internet browser can be recognized and identified
about the clear cookie ID.
(By use of cookies 3 can provide user friendlier services to the users of
this internet page which would not be possible without the cookie deflection).
(We point out) to you 4 that your computer system be covered up by our
server this reconciles cookies, in which this usually is so-called
meeting-related cookies. Cookies stand out by the fact that these are deleted
by your hard disk again automatically after the end of the browser meeting
meeting drawee. Other cookies remain on your computer system and make us
possible your computer system to identify at your next visit again
(We point out that the assignment of data can show security breaches on the
Internet (e.g. by e-mail) 2). Therefore a fault-free and trouble-free
protection of the data of third parties cannot be ensured completely. Regarding
this our liability is excluded.
(A banner stands you 5 to it at disposal) you be able to contradict the
storage of cookies, you contradict this/can assume.
(6) be able to of course you adjust your browser so that no cookies are put
down on the hard disk or cookies already put down are deleted again. The
instructions regarding the prevention as well as deletion of cookies can take
you from the help function of your browser or software producer.
spam of unwanted advertising over our contact form is forbidden to 16 §
(Any
unwanted spam-/ advertising over our contact form are forbidden 1)!
An enormous time expenditure and costs cause be mainly
unwanted news about our web page described as spam, unwanted advertising.
(Our
provided contact form is to this) 2 information exchange of our
customers shoots imaginarily.
(You also have with the dispatch), cost these - to carry sorting out of the
spam mail, unwanted sent advertising e-mails the processing 3 we then will for
these bill you.
§ 17 concluding provisions
(Language of the agreement is German 1).
(We offer no products or services for sale by minors) 2. Our products for
children only can be bought by adults. If you are under 18, you may use
Buchtonne.de only under cooperation of a parent or having parental authority.
(3 you hurt this AGB and we do nothing against this, furthermore we are
authorized of our rights at any other opportunity in which you violate these
terms to make use) if.
(We reserve the right 4 to carry out changes at our web page, sets of
rules, conditions including this AGB any time).
On your
order these are respectively applied terms and conditions and AGBs application
which were valid at the time of your order.
§ 18th place of jurisdiction and applicable right:
Place of jurisdiction
for all disputes out of on the right relations between Buchtonne.de and the
customer is place of the seat of Buchtonne.de or the responsible district court
at this at the place of residence of the owner, here Göppingen.
§ 19th invalidity of regulations of the AGB:
The original part
should be parts of this AGB invalidly despite a careful examination, they shall
only the parts touching to the effect be stopped and be the AGB interpreted
with laws so so that correspond furthest-reaching.
§ 20th changes by new version of the AGB:
Several settings, the setting made for the granting of the order at the time, the setting made at the time of the issuing an invoice and the current setting on the web page in the same measure apply to the advantage of the customer to new version of the AGB provided that no essential expenses result for us from it, interpreted.
