§ 1. Scope
1. These AGBs apply exclusively and only to customers who are not consumers in terms of § 13 BGB (German Civil Code).The minimum order quantity for each motif in each size is 6, for the books is 6 pieces and for Calenders, Gift Cards and Gift Sets 6 pieces.
Conditions of the buyer that deviate from the conditions of sale are only accepted if these are approved in writing by the shop operator.
2. These General Business Conditions also apply to all future business transactions with the buyer, provided they are legal transactions of a related nature. This applies in particular if the contract has not been concluded via our web shop, but also during a trade fair or comparable event.
3. These General Business Conditions are valid as from 15.3.2011.
§ 2. Contact
Data:Marion J. Bartz
Graefestrasse 25
10967 Berlin
E-Mail: mjbartz@majoba.de
Telephone: +49(0)30-69004782
Telefax: +49(0)30-69004783
Mobile: 01590 1244376
Sales Tax ID-No: DE 813982108
Berliner VolksbankBLZ 10090000
Swift-BIC: BEVODEBB
IBAN: DE04100900007442760009
§ 3. Offer and Conclusion of Contract
1. After successful registration with the shop, new customers will be activated according to their dealer status and can then select from our range at the conditions deposited for them.
2. On the web pages lesemagnete.de there is no legally binding offer for concluding a contract. Only if the buyer submits an offer by sending off the order form in the web shop or alternatively by fax or by e-mail, is a legally binding offer for concluding a purchase agreement generated.
3. With your order you are submitting a binding offer to us to conclude a contract with the buyer. Upon receipt by you of an order confirmation by e-mail or the delivery of the ordered goods we can accept this offer. First you will receive a confirmation of receipt of your order by e-mail to the e-mail address you have provided (Order Confirmation). However, a purchase agreement is not generated until our order confirmation has been sent out by e-mail to you or the ordered goods are delivered.
4. We deliver exclusively to dealers and traders. We do not supply to private persons or consumers in the terms of § 13 BGB (German Civil Code).The offer submitted by the buyer can be accepted by us within three weeks. Should a first partial delivery be effected within this period, the purchase agreement will be generated, even with the first partial delivery. The carriage charges for this will only be levied once. Should we not react within four weeks, the order will be regarded as rejected. In this case, any possible payments made by the buyer will be refunded immediately and without any delay.
§ 3a Individual reader magnets
1.
At no time do we acquire the rights to the images, samples or templates sent. The images, samples and templates will not be used outside the production of the product ordered. We will not pass them on to third parties.
2.
The Customer gives an assurance that the production of reader magnets using the images, samples and templates is not precluded by any copyrights, industrial property rights or other rights of third parties.
The Customer furthermore gives an assurance that he has the right to reproduce and disseminate the images, samples and templates.
3.
The Customer gives an assurance that none of the images, samples or templates provided to us by the Customer for the execution of the contract will breach any applicable laws.
In particular, the Customer gives an assurance
a) that no illegal inflammatory or racist templates, materials, contents or propaganda or such as glorify violence, no emblems of anti-constitutional parties or their substitute organisations or any directions for the perpetration of crimes, no pornographic templates, materials or contents that portray sexual abuse of children or sexual acts with animals nor any discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age will be sent to us;
b) that no laws for the protection of young persons or any criminal laws will be breached. This applies in particular to the statutory regulations contained in Sections 184 et seq. StGB [Strafgesetzbuch – German Criminal Code] (dissemination of pornography), 185 et seq. StGB (defamation, malicious gossip, libel) and also to the provisions governing youth media protection.
We reserve the right to refuse orders that do not meet the above requirements and to terminate any contracts already concluded without notice upon becoming aware of any breaches of paras. 3a or 3b.)
§ 4. Price, Payment, Delivery
Prices are to be understood exclusively in € "Euro".We reserve the right to undertake changes in price at any time.The buyer/dealer has the following payment alternatives open to him:
- by Advanced Payment. By the payment terms Advanced Payment we let you know our bank account details in the order confirmation. The invoice amount should be transferred to our account within 10 days. Any right of retention is excluded.
The business customer prices of the web shop are always to be understood exclusive of the value added tax applicable in Germany and at the rate valid at the time of the order.
The delivery of the ordered products is effected to the submitted delivery address at the expense and risk of the buyer.
The exact carriage charges are notified to the buyer during the order procedure.
We reserve the right to deliver goods of equal value in the same quality with regard to the offer of the buyer. The illustrations, colours and dimensions of the items that we offer, can deviate from the original and are non-binding.
The delivery of the goods is effected within three weeks after acceptance of the offer. Should this delivery deadline be exceeded by more than two weeks, the buyer is allowed to withdraw from the agreement. Delays in delivery and payment due to force majeure and on the grounds of occurrences that make it considerably difficult or impossible for us to effect delivery, even if these happen on the premises of our suppliers or their sub-suppliers, even in case of definitely agreed delivery dates, do not fall within our field of responsibility. The buyer will then entitle us to withdraw from the contract either entirely or partially. The buyer has no right to withdraw from the contract. On no account do cases of non-compliance with the delivery dates entitle the buyer to claims for compensation.
§ 5. Retention of Title
The supplied goods remain our property until complete payment of all outstanding amounts has been effected.
§ 6. No Right of Refund or Rescission
As we supply exclusively to traders, a right of refund or rescission is excluded.
In individual cases and after consulting with us, a rescission of the contract can be effected on the grounds of a special agreement.
§ 7. Defects, Guarantee, Liability
Obvious defects should be notified by the buyer immediately, however at the latest within 2 days after delivery of the goods in writing together with a copy of the delivery note or the invoice to the address stated under § 2 (1). In case the complaint is not lodged in good time or correctly, claims arising from warranty of defects is excluded.Transport damage should be notified immediately to the transport company.
§ 8. Applicable LawThe law of the Federal Republic of Germany shall be exclusively applicable. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Place of fulfilment and jurisdiction for all conflicts arising from this contractual relationship is Berlin.
This also applies in case the delivery is made to a foreign country.
§ 9. Data Protection
1. Upon initiation, conclusion, handling and reversal of a purchase agreement, data are compiled, stored and processed by us within the framework of the legal terms.
The personal data that you submit to us e.g. for an order or by e-mail (e.g. your name and your contact details), are only used for correspondence with you and only processed for the purpose for which you submitted the data to us. We will only pass on your data to the transport company commissioned with the delivery, provided these are necessary for the delivery of the goods. For processing payments, we forward your payment data to the bank through which you have commissioned the payment.Moreover, we assure you that we will not forward your personal data to third parties, unless we are compelled by law to do so or should you have expressly given your consent beforehand. Should we need to draw on the services of third parties for the execution and handling of the manufacturing process, the terms of the Federal Data Protection Law will be observed.
2. Period of Storage
Personal data that is made known to us via our web site will only be stored until the purpose for which they were revealed to us is fulfilled. Provided the storage terms in relation to the commercial and taxation law are to be observed, the term of storage of certain data can amount to a maximum of 10 years.
3. Your Rights
Should you no longer be in agreement with the storage of your own personal data or should these have become incorrect, we will arrange for the deletion, correction or blockage of your data immediately upon receiving such instruction from you within the framework of the underlying legal conditions. At your request you will receive free of charge information about all personal data concerning yourself that we have stored. In case of queries regarding the acquisition, processing or use of your personal data for information, correction, blockage or deletion of data, kindly contact:
Marion J. Bartz
Graefestrasse 25
10967 Berlin
E-mail: mjbartz@lesemagnete.de
Telephone: +49(0)30-69004782
Telefax: +49(0)30-69004783
Mobile: 01590 1244376
§ 10. Severability Clause
Should any individual terms or parts of them become invalid, then the validity of the remaining terms will not be affected by this.