Allgemeine Geschäftsbedingungen dopo_domani esales
GENERAL TERMS AND CONDITIONS
of the Company DOPO DOMANI
in Relation to Internet Trading
1. Application of the Terms and Conditions
1.1
All goods, services and offers of the company DOPO DOMANI, Kantstraße 148, 10623 Berlin – hereinafter referred to as “the vendor” – take place solely on the basis of the present general terms and conditions. The application of terms and conditions of the customer which conflict with these is excluded. Accordingly, counter vindications of the customer making reference to his own terms and conditions is opposed.
1.2
All agreements which are made between the contracting parties for the purpose of executing the present contract, as well as any amendments to the contract or the present terms and conditions must be put in writing. This also applies to the waiving of the condition requiring things to be put in writing.
2. Offer and Conclusion of Contract
2.1
The offers made by the vendor Dopo Domani in its internet shop are subject to change and non-binding.
2.2
Drawings, illustrations, sizes, weights or other performance data are only binding if these have been put in writing.
2.3.
By ordering the goods, the customer is making a binding declaration that he wishes to purchase the goods ordered.
2.4.
The receipt of the order will be confirmed immediately by the vendor. Confirmation of receipt still does not constitute any binding acceptance of the order. However, confirmation of receipt may be linked to a declaration of acceptance.
2.5.
The vendor is entitled to normally accept the contractual offer contained in the order within two weeks of its arrival at his place of business. Acceptance is normally declared as soon as there is confirmation from the manufacturer that it can be supplied. Acceptance can be declared either by e-mail or by delivery of it to the customer.
2.6
Following the declaration of acceptance the order is processed immediately and, as a rule, it is manufactured to order. Items which the vendor has in stock are exempted from this. The delivery period is, depending on the manufacturer or the item(s), between 6 and 8 weeks. The customer will be informed of the expected week of delivery in the acceptance declaration.
2.7.
The vendor reserves the right not to provide the service promised in the event of it being unavai-lable, or to provide a service of the same quality and at the same price.
3. Prices and Price Changes
3.1
The purchase price quoted on the internet site at the time the order is placed is binding. The prices quoted include value added tax at the relevant statutory rate. Additional goods and services, in particular assembly quoted in the order, and the shipping charges are charged for separately. When the internet site is updated all previous prices and other information, with the exception of the prices and details with regard to goods already ordered, no longer apply.
3.2
All prices are collection prices ex-place of business of the company DOPO DOMANI, Kantstraße 148, 10623 Berlin, inclusive of the normal packaging. We charge the following flat rates for dispatching our goods:
Shipping and handling will be calculated according to weight and area of delivery:
Shipping and handling in Germany:
Free of shipping costs from 1000,- €. Vitra is always free.
| weight up to(in kg) |
5 |
10 |
20 |
30 |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
125 |
150 |
175 |
200 |
250 |
über 300 |
| shipping costs (in €) |
12,50 |
17,50 |
23 |
28 |
30 |
35 |
40 |
45 |
50 |
55 |
60 |
72,50 |
85 |
97,50 |
110 |
135 |
160 |
Shipping and handling for countries zone 1:
which includes following countries: Belgium, Denmark, Estonia, France, Great Britain, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Portugal, Slovenia, Spain, Czech Republic, Hungary
Free of shipping costs from 2000,- €.
| weight up to(in kg) |
5 |
10 |
20 |
30 |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
125 |
150 |
175 |
200 |
250 |
über 300 |
| shipping costs (in €) |
25 |
30 |
35 |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
120 |
140 |
150 |
170 |
200 |
250 |
280 |
Shipping and handling for countries zone 2:
which includes following countries: Ireland, Italy, Croatia, Slovakia, Switzerland, Liechtenstein
Be aware that delivery outside the EU may be subject to custom duties, which are the responsibility of the buyer.
| weight up to(in kg) |
5 |
10 |
20 |
30 |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
125 |
150 |
175 |
200 |
250 |
über 300 |
| shipping costs (in €) |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
120 |
140 |
150 |
180 |
200 |
220 |
240 |
260 |
320 |
350 |
Shipping and handling for countries zone 3:
which includes following countries: Finland, Norway, Sweden
Be aware that delivery outside the EU may be subject to custom duties, which are the responsibility of the buyer.
| weight up to(in kg) |
5 |
10 |
20 |
30 |
40 |
50 |
75 |
100 |
125 |
150 |
175 |
200 |
250 |
über 300 |
| shipping costs (in €) |
65 |
70 |
80 |
90 |
100 |
120 |
130 |
180 |
200 |
220 |
240 |
260 |
320 |
350 |
Shipping and handling for countries zone 4:
which includes following countries: Rest of the world
If you require shipping to a country which does not belong to zones 1 to 3 please inquire with us about the costs. If you complete an order through the shop we will inform you about the actual transportation costs in your order confirmation.
Be aware that delivery outside the EU may be subject to custom duties, which are the responsibility of the buyer.
For a few of our articles transportation costs may be considerably higher than the lump-sum prices given. Should your order include on of those few articles we will certainly inform you about the actual costs when your order is processed. You will have the possibility to cancel the purchase without any costs for your side.
Cash on Delivery:
|
Country |
Costs |
|
Germany |
9,- € |
|
Austria |
10,- € |
Island charge: For transport to islands there may be additional charge.
3.3
No additional costs arise for the customer when placing his order by making use of distance com-munication methods other than the costs charged by his telecommunications provider.
4. Deadline for the Delivery of Goods and Services
4.1
The delivery period is dependent on the manufacturer. Wherever possible, delivery is made within 6 to 8 weeks.
4.2
If there are delays in delivery, for which the vendor is answerable, the length of the statutory peri-od of grace to be set by the customer is fixed at three weeks, and begins with the arrival of the notice of the set period of grace at the vendor’s premises.
4.3
The vendor is entitled to make partial deliveries of goods and services, following the giving of sui-table advance notice of this, unless the partial delivery of goods or services is of no interest to the customer.
4.4
The observance of the obligations with regard to the delivery of goods and services by the vendor requires that the customer fulfils his obligations timeously and properly at all times.
4.5
If the customer delays acceptance, then the vendor is entitled to demand compensation for the additional expenses incurred by him (e.g. storage costs); once a delay in acceptance occurs, the risk of any deterioration and any perishing of the goods passes to the customer.
5. Payment and Payment Deadlines
5.1
As soon as the goods arrive at the vendor’s warehouse, an invoice is issued to the customer. Un-less otherwise agreed or otherwise shown on the invoice, the vendor’s invoices are payable imme-diately and without any discount.
5.2
The customer can pay the purchase price COD, by invoice or credit card.
5.3
The customer undertakes to pay the purchase price within 10 days of receipt of the goods. Once this deadline has expired, the customer falls into arrears. Other events which (legally) justify a delay in payment remain unaffected by this.
5.3a
Bei Zahlung mit Kreditkarte gilt aufgrund der Bestimmungen des Vertragsunternehmens der Verkäuferin folgende Sonderregelung:
Bei Beträgen mit einem Bestellwert von über 1000,- (eintausend) Euro wird ein Drittel des Zahlungsbetrages bei Vertragsschluss, also bei der Annahmeerklärung durch die Verkäuferin gemäß Punkt 2.5 der AGB der Verkäuferin, unmittelbar von der Kreditkarte des Kunden abgebucht. Die restlichen zwei Drittel des Zahlungsbetrages werden abgebucht, sobald die Ware im Lager der Verkäuferin eintrifft.
5.4
In the case of consumers penalty interest at a rate of 5 % above the base rate will be charged whilst in arrears. A trader must pay penalty interest at a rate of 8 % above the base rate during the period he is in arrears. The vendor reserves the right, in relation to a trader, to prove that the loss due to arrears has been greater and to assert this claim.
5.5
The customer only has the right to offset a claim if his counterclaims have been established as being legally valid or have been accepted by the vendor. The customer may only exercise the right to withhold payment if his counterclaim is based on the same contractual relationship.
5.6
The vendor is entitled to offset payments made by the customer, in the first instance, against older debts. He will inform the customer as to the nature of the settlement made. If costs and interest have already been incurred, then the vendor is also entitled, in the first instance, to offset the payment against the costs, then against the interest and finally against the main claim.
6. Right of Cancellation, Advice on Cancellation, Consequences of Cancellation
6.1 Right of Cancellation
Consumers have the right to cancel their contractual declaration within two weeks, without giving any reasons, in writing (e.g. by letter or e-mail) or by returning the goods. The time limit begins, at the earliest, on receipt of the goods and the present ad-vice. In order to safeguard the time limit for cancellation it is sufficient to send off the notice of cancellation, or the goods, in good time. The right of cancellation is excluded in the case of the supply of goods which are manufactured according to customer specifica-tions.
The notice of cancellation must be addressed to:
dopo_domani esales
Arno Schneider
Kantstr. 148
10623 Berlin
Germany
E-Mail: shop@dopo_domani.com
6.2 Consequences of Cancellation
In the event of effective cancellation the services and payments received by both parties must be returned and any benefits taken (e.g. interest) surrendered. If the customer is not able to return the service received to the vendor, wholly or in part, or only in a worse condition, he must, to that extent, pay compensation, if applicable. This does not apply when goods are handed over if the deterioration of the item is solely attributable to it having been inspected - such as would have been possible in the case of a retail busi-ness, for example. Otherwise the customer can avoid being obliged to pay compensation by not starting to use the item as an owner and desisting from anything that might detract from its value. Items that can be sent as a package must be returned at the ex-pense and the risk of the vendor. Items that cannot be sent as a package will be uplifted. Customers must fulfil their obligations to return payments within 30 days of sending off their declaration of cancellation.
7. Rights of the Customer in Relation to Deficiencies or Warranty
7.1
In the event of material deficiencies the vendor, as a matter of principle, will offer to rectify the situation by subsequently supplying a flawless item. Resupplying on more than one occasion is permitted. If attempts to rectify the situation fail twice, the customer may, if he so chooses, reduce the purchase price by a reasonable amount or withdraw from the contract. However, in the event of only minor infringements of the contract, in particular in the case of only minor faults, the customer does not have any right to withdraw. Claims under the guarantee must be addressed to:
dopo_domani esales
Arno Schneider
Kantstr. 148
10623 Berlin
Germany
E-Mail: shop@dopo_domani.com
7.2
Unimportant deviations in colour, dimensions and/or other quality and performance characteristics relating to the item bought do not constitute any grounds for claims by the customer.
7.3
The customer must report any obvious defects to the vendor in writing at the latest within 14 ca-lendar days of receipt of the item purchased. Otherwise any claims based on defects cease to apply. The sending of the report concerning defects is sufficient, on this occasion, to preserve the time limit. In the case of defects which are not obvious, you are requested to report these also immediately following their discovery. If the customer is a trader, the latter will lose his claims under the guarantee if he does not inspect the goods and does not report any defects discovered immediately.
7.4
Liability for normal wear and tear is excluded.
7.5
Claims against the vendor on account of defects are only open to the direct purchaser and may not be ceded.
7.6
The period of limitation with regard to the above claims is, in principle, two years from the supply of the goods. If the customer is a trader, the period is one year. The same also applies to consu-mers if the product involved is a second-hand item.
7.7
The customer does not receive warranties, as defined by law, through the vendor. Manufacturers warranties remain unaffected by this.
8. Retention of Ownership
8.1
The item purchased remains the property of the vendor until the purchase price asked for is paid in full. Goods, over which the vendor has (co-) ownership, are termed goods subject to retention of title in what follows.
8.2
In the event of third parties attempting to seize the goods which are subject to the retention of title, in particular, attachments, the customer will make reference to the title of the vendor and inform the latter immediately so that the vendor can assert his ownership rights.
9. Liability
9.1
The vendor is only liable for wilful intent and gross negligence. This does not apply in the event of liability in accordance with compelling legal regulations concerning liability, in particular in relation to guaranteed physical characteristics, claims in accordance with the Product Liability Act as well as damages resulting from injury to life, limb or health.
9.2
Insofar as the liability of the vendor is restricted, this also applies to salaried employees, ordinary employees, representatives of the vendor and people brought in by the vendor to fulfil the order.
10. Use of Customer Data
The vendor is entitled to process and to electronically store the personal information made available to him, insofar as it concerns the business relationship with the custo-mer, in accordance with the provisions of the Federal Data Protection Act. The data will not be passed on to third parties.
11. Applicable Law, Jurisdiction, Partial Nullity
11.1
The law of the Federal Republic of Germany applies to the present terms and conditions and all legal relations between the vendor and the customer. The provisions of the United Nations Conven-tion on Contracts for the International Sale of Goods do not apply.
11.2
Insofar as the customer is a businessman, a legal person under public law or a separate power under public law, all disputes arising directly or indirectly from the contractual relationship will be heard exclusively in Berlin.
11.3
In the event of one provision in the present terms and conditions or one provision within the con-text of other agreements being or becoming ineffective, then the effectiveness of all other provisi-ons or agreements is not affected as a result of this.
As at 14th of May 2008
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