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General Terms of Trade
Right of cancellation, Disclaimer
You may cancel your contract within two weeks without reason in a written form (i. e. letter, email) or by sending back your items. The earliest time for this period to start is as you receive this instruction. To keep within the period it is sufficient to send the cancellation or the item. Send you cancellation to:
Bagdealer Beier, Duffke, Faika GbR
Lützowstr. 107
10785 Berlin
Germany
order@chrome-europe.com
Consequences of cancellation: Things that can be shipped have to be sent back. If the price of your order is lower than 40 Euro or if the price is higher and you have not yet payed any part of the sum or mayed up for the order in any other way whichh has been agreed upon you will have to settle the cost of the shipping. In all other cases the return shipping is free for you.
End of disclaimer
General Terms of trade
1. Limits
These these General Terms of Trade between Bagdealer Beier, Duffke, Faika GbR (Bagdealer) and the Purchaser are valid only in their actual version at the time of the order. Differing conditions are not accepted by Bagdealer if they are not explicitly agreed upon in written form.
2. Conclusion of the contract
Your order is an offer for the conclusion of a contract. When ordering with Bagdealer we send you a confirmation email acknowledging your order in detail (order acknowledgement). This acknowledgment informs you that your order has been received but it does not state the acceptance of your offer. The conclusion of the contract takes place as we send the ordered items to your address an inform you about the shipment in a second email (shipping acknowledgment). Products not listed in the shipping acknowledgment are not included in the contract.
3. Delivery
Unless prearranged differently, the order is shipped from the Bagdealer stock to the delivery address named by the purchaser. Information on the day or time of delivery is not binding unless as an exception there has been named a date or time of delivery. If Bagdealer, without own responsibility is not able to deliver because a contractor does not fulfill his contractual duties Bagdealer is entitled to the cancellation of the contract. In this case the customer will be informed that the ordered goods are not available. The legal rights of the customer remain unaffected.
If the delivery of an order is impossible because the order does not fit into the mailbox, the hallway or the front door of the customer and the customer cannot be encountered at the given address even though the time of the delivery has been announced beforehand the customer has to pay for the extra delivery expenses. Unless prearranged differently, the order is shipped from the Bagdealer warehouse to the delivery address named by the customer. The peril is transferred from Bagdealer to the client as Bagdealer hands the shipment to the shipper or to an entitled party authorized by the shipper, also when the delivery is partial. The delivery is carried out at the purchaser's expense. We tell you the exact amount during the purchasing steps. The costs vary by destination, weight and number of items. The delivery is carried out after payment or confirmation by Firstgate Click&Buy.
4. Maturity, Payment, Default
Variation 1: The purchaser pays in advance (purchase price plus shipment). The whole amount is due after our order acknowledgement. Variantion 2: the purchaser pays over Firstgate Click & Buy. In this case the shipment can be sent as the purchaser has arranged the payment. If the purchaser defaults, Bagdealer is entitled to charge interests 4% higher than the discount rate of the European Central Bank.
5. Returns
The purchaser may cancel the contract within 14 days after receiving the goods in written form or as email. It is enough if the cancellation is sent within those 14 days. The purchaser carries the costs for the returning shipment unless their price is higher than 40 Euro. The goods have to be in a new, unused condition, including all original packaging, tags and labels. We don't accept any returns if items seem to be in a used condition. In this case the items will be returned to the purchaser or the refund will be lowered in an appropriate way. The return has to be addressed to: Bagdealer GbR, Lützowstr. 107, 10785 Berlin, Germany If you claim the right of withdrawal you are obliged to return the goods with a shipping agency if possible. If you want to get the shipping costs refunded, send the addressed package to us freight forward as standard package with DHL.
6. Charging, Retention
The purchaser has a right for charging only when his claims are constituted by law or accepted by Bagdealer. He is only entiteled to retention if his opposing claim is based on the same contract.
7. Retention of title
All goods delivered shall remain our property until paid in full.
8. Liability for defects
If there is a defect that has to be answered for by Bagdealer, Bagdealer is at its own choice entiteled to remedy or replacement. If Bagdealer isn't capable of remedy or replacement or if there is a delay in remedy and replacement caused by Bagdealer or if there are other reasons for delay the purchaser may cancel the purchase or demand a lower purchase price. If there are no further proceedings, further demands by the purchaser are excluded. Bagdealer is not liable for defects or damage not caused on the goods itself, especially not for loss of profit or financial loss. If the liability of Bagdealer is limited, this also concerns the personal liability of employees, deputies and assistants. This limited liability is invalid if the cause of the damage is gross negligence. It is also invalid if the purchaser makes demands from §§ 1, 4 Produkthaftungsgesetz (Product Liability Law), demands because of lacking of a guaranteed quality or claims for damages from §§ 463, 480 Abs.2 BGB (German Civil Code). The same is valid for initial incapability or impossibility. If Bagdealer neglects its duty, the liability for replacement is limited to the damage to persons and property. The period of warranty is 24 month from the transfer of peril. This period is a period of limitation and also accounts for demands for replacement and following defects, if no demands from disallowed proceedings may be made.
9. Privacy
The purchaser has been informed over the kind, amount, place and intention of the collection, processing and use of personal data which has been saved for fulfilling orders and accessing to our email-service. The purchaser agrees on the collection, processing and utilisation of his data. Bagdealer does not transfer personal data to others.
10. Applicable Law
The realisation of the order subjects exclusively to the laws of the Federal Republic of Germany excluding UN-Right for Sales. Court jurisdiction is the legal seat of Bagdealer. Berlin will exclusively be agreed to as venue by any lawsuit as a result of or in connection with the contract. Other cases subject to the German Civil Code.
11. Severability Clause
Should any of the terms of these General Terms of Trade (AGB) be or become void, the effectiveness of the other terms will not be affected. An invalid or void term is to be replaced by a similar term that reaches the intended business purpose.
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