Conditions of  use for the  pelba.com - Web Shop
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 Status: 05/21/2007
 
1. Scope of application
Commercial relations between Dr. Arthur Pelzmann, Karl-Danner-Str.1, 89312, Günzburg, Germany, hereinafter pelba.com and the customer shall be governed exclusively by the following terms of business, in their currently valid version at the time of ordering.
After ordering process by the customer (contract-offer) an order confirmation will be sent to the customer automatically by E-mail.
This automatic E-mail means not an acceptance of the contract by pelba.com. The conclusion of a contract requires an additional acceptance by pelba.com which in the most cases is sent by E-mail and after that the order ist set by pelba.com to status IN PROCESS.
Any differing conditions applied by the customer shall not be acknowledged, unless the said conditions have been confirmed by us in writing.
2. Due date for settlement, methods of payment and delays
pelba.com is not allowed to separately account for VAT because pelba.com is a small-scale enterprise (see German Law Paragraph 19 UStG). Therefore, the prices of pelba.com are final prices plus additional shipping cost. They do not contain separate accessories or installation fees, as far as no other agreement was made in written form. Our invoices have to be paid immediately and without delay. Payments by invoice are only possible after the second certified order. We are not bound to the acceptance of the condition of payment - by INVOICE.
Foreign Bank account transaction fees are charges of the customer. In case of bank back debits or - burst - credit card transactions we charge 10% of the order price to the customer for our expenses, unless the customer is not liable for the defect in transaction or proves that the expenses were in fact lower. Accordingly we reserve a right to prove higher expenses and to assert for them.
Transactions shall be conducted in Euros (€).
All other currencies indicated in the shop shall be for information only. Invoicing and settlement shall be in Euros (€) only.
3. Delivery
Delivery times indicated shall be non-binding, unless a specific and binding delivery date has been promised.
Shipping prices are final prices. For shipping cost see the table on this web-site.

4. Right of withdrawal instruction
4.1 Right of withdrawal
As a private consumer (§ 13 BGB), you have the right to withdraw from the contract within one month devoid of giving any reasons by means of a statement in textform(e.g. by letter, fax or E-mail) or by simply returning the goods concerned. The said term will not start until the receipt of both the goods and this instruction notice in a separate written form (§ 312 d Abs. 2 BGB).
In order to keep the term it is sufficient to send off the notice of withdrawal or the goods in due time. The statement of withdrawal has to be addressed to:

pelba.com

Dr. Arthur Pelzmann
Karl-Danner-Str. 1
D-89312 Günzburg
Deutschland
Fax: +49(0)8221-200400
E-Mail: info @ pelba . com

4.2 Consequences of withdrawal:
In case of an effective withdrawal all considerations given in performance of the contract will have to be mutually restituted and all benefits derived from those considerations (e.g. interest) must be reimbursed. If You are unable to return a consideration granted by us, or if You can only restitute it partially or in a deteriorated condition, you will have to reimburse us for the lost value respectively. For goods this provision shall not apply, if the deterioration in value originated exclusively from the examination of the goods that could have been exercised likewise, if the goods had been purchased in a store. Beyond this You can avoid any obligation of reimbursement, if You do not make use of the goods like an owner and refrain from any actions that might impair the value. Shippable goods have to be sent back.
You will be charged with the costs of returning the goods comply with Your order and the value of the goods that are to be returned does not exceed the amount of 40 Euro or if in case of a higher value You have at the time of withdrawal not yet fulfilled Your obligations or at least have not paid a partial payment that has been agreed upon in the contract. Otherwise the return of the goods will be free of charge for You. Unshippable goods will be collected from You.

End of Right of withdrawal instruction

5. Retention of ownership
Goods delivered shall remain the property of pelba.com pending the completion of full settlement in respect thereof by the customer.

6. Guarantee and liability
pelba.com guarantees that at the time of the passing of the risk, the delivered goods comply with the respective technical standards and are free from any defects. For a period of 24 months pelba.com will be liable for this warranty. The period of warranty is reduced to 12 months if used goods are delivered. The above provision shall not apply in case of damage arising from willful action or gross negligence.
Liability shall not be excluded where goods purchased are used in accordance with instructions. The regular deterioration of the goods as a result of the intended use of the goods is not subject to the above warranty.
7. Safeguard clause
Should specific provisions of the contract, including the present provision, prove to be wholly or partially ineffective, or in case of an omission in the said contract, the validity of the remaining provisions or parts thereof shall not be affected.

8. Duty to inform the customer
On our Web-Site. which is in general accessible via the Internet, we inform you about our identity, our address, the properties and necessary information about our products or services, the price of our products or services including all necessary taxes, payment-, shipping- and delivery-details, as well as the validity period of the offer in accordance with § 312c BGB iVm der BGBInfoVO .
Furthermore you receive, latest at delivery of our products on customer site, a copy of this information in text form (permanantly readable).
Basis of our delivery are our conditions of use which you should print out after reading.

9. Applicable law /Place of jurisdiction
Agreement of place of jurisdiction with EU customers
Contracts concluded with legal or natural persons, or with undertakings under the terms of mercantile law, whose residence or registered office is located within a Member State of the European Union shall be governed by German law, if thereby no fundamental consumer rights of the customers are jeopardized.
In respect of these contracts, the place of jurisdiction shall also be dictated by the competent court for the registered office of pelba.com in Günzburg.
The place of performance for the completion of payments shall be the registered office of pelba.com in Günzburg.
Where the customer is a commercial operator, the place of jurisdiction shall be dictated by the competent court for the registered office of pelba.com in Günzburg.


 

© 2005 Pelba Com