Conditions of Use

Zum Dachsbau 22, 58553 Halver, managers Günter Effenberger and Klaus Koerdt (in the following "EFKO" called). Tel.: 02353 – 666 974 Telefaxes: 02353 – 666 976 eMail: info@efko-spezialfarben.com general terms and conditions of the EFKO GBR, Halver

 

§1 in General

(1) Following general terms and conditions (GTCT) are valid for all contracts, deliveries and other performances Günter Effenberger and Klaus Koerdt GbR, (EFKO), towards her customers. It is worth always the version valid at the time of the order of the GTCT. Herewith to

(2) Deviant regulations of the customers is contradicted. The EFKO recognises only deviant conditions if this was agreed expressly and in writing. All additional agreements need the written confirmation.

(3) The business relations between the EFKO and the customer are defeated by the right of the Federal Republic of Germany to the exclusion of the UN option to buy. Jurisdiction is in the seat of the EFKO, the local court Hagen, as far as the customer is a businessman or a legal person of the public law or public law special legal estate.

 

§2 subject matter of contract and conclusion of the contract

(1) The EFKO offers to her customers in her on-line shop different paints products.

(2) The contract comes effect in each case by the acceptance of the order by the EFKO. All offers of the EFKO are not binding. Divergences and technical changes compared with the pictures or descriptions are possible. The acceptance of the order is confirmed to the customer by e-mail or Telefax.

 

§3 prices and payment

(1) It are valid the agreed prices. All prices get on, untill expressly differently agrees, plus the legal value added taxesand duties and plus the dispatch expenses and packing charges.

(2) The supply of the customers by the EFKO follows basically only against prepayment, debit note or cash on delivery. The customer carries (3) on the occasion of from back debit notes from bank move or credit card restitutions to attacking bank charges, unless, he does not have to represent the back debit note or the credit card restitution. The EFKO reserves herself to raise an adequate handling charge in particular cases to be determined, unless, the customer does not have to represent the back debit note or the credit card restitution.

 

§4 delivery and passing of risk

(1) become The ordered goods, provided that by contract agrees not deviantly, delivered to the address stated by the customers. The delivery follows from the warehouse of the EFKO or directly from the manufacturer. The EFKO reserves herself to carry out a part delivery, provided that this seems advantageous for a speedy liquidation and the part delivery is unreasonable for the customer not exceptionally. By part deliveries originating additional costs are not charged to the customer. (2) The delivery follows after judgement of the appointed transportation company FreeHouse, behind the first close door. The packaging goes over with the exception of euro-palettes together in the delivered goods only after entire payment of the invoice in the property of the customer. It is worth basically the extended retention of title. (3) Specifications about the delivery deadline are non-binding, provided that exceptionally the delivery date was not promised by the EFKO obligingly. The product which is in the warehouse sends the EFKO within 5 working days. If the product is not in stock with payment entrance, the EFKO takes care of fastest possible delivery. If the disregard of a delivery deadline or performance period on force majeure, labour dispute, unpredictable obstacles or other circumstances not to be represented by the EFKO is to be led back, the period is extended appropriately. (4) The EFKO reserves itself to free itself of the liability to the fulfilment of the contract if the product is to be delivered by a supplier by the day of the delivery and the delivery ceases all or part. This selfsupply reservation is valid only if the EFKO does not have to represent the non-appearance of the delivery. The EFKO does not have to represent the non-appearance of the achievement, as far as on time with the supplier one so-called congruent covering transaction was concluded to the fulfilment of the contract duties. If the product is not delivered, the EFKO will inform the customer immediately about this fact and refund the purchase price. (5) Being the customer consumer i. S.d. §13 Civil Code is, the danger according to §446 passes over Civil Code in the handing over of the sold thing on the customer. In all other cases the danger according to §447 passes over Civil Code in handing over of the product to the transportation company on the customer.

 

§5 cancellation instruction

(1) cancellation right: With distant sales contracts the customer, provided that he is a consumer, can revoke the contract explanation within two weeks without giving reasons in text form (e.g., letter, fax, e-mail). The term begins at the earliest with preservation of the product and this instruction in text form. For the protection of the cancellation term the timely sending of the cancellation or the thing is enough. The cancellation is to be directed to: EFKO, Günter Effenberger and Klaus Koerdt GbR, Zum Dachsbau 22, 58553 Halver, fax: 02353-666-976

(2) cancellation results: In case of an effective cancellation are the achievements received on both sides to be given back in new conditions. If the customer cannot give back the products dispatched by the EFKO, he has pay the full amount of invoice. This is not valid if the deterioration of the thing is to be led back exclusively on their check – as she would have been possible to him possibly in the retail shop–. For the rest, the customer can avoid the value obligation to indemnify, while he does not take the thing in use like an owner and omits from everything what affects their value. The customer pays the costs of the return. EFKO is free to pay parts of transportations costs. Obligations to the allowance of payments are to be fulfilled by the customer within 15 days after sending the cancellation explanation. A right of return parts from by the delivery from goods which are made after specifications of the customer or are cut unambiguously on the personal needs or are not suitable on grounds of her state for a return.

 

§6 retention of title, compensation

(1) The delivered goods remain up to the fulfilment of all demands from the contract in the property of the EFKO; in the case that the customer is a legal entity of the public right, public law special property or an enterpriser in exercise of his commercial or independent professional activity, also, in addition, from the running business connection up to the balance of all demands which are entitled to the EFKO in connection with the contract.

(2) The right to the compensation is entitled to the customer only if his counterclaims are recognised by the EFKO or are ascertained legally. The customer is authorised only in this respect to the exercise of a retention right when his counterclaim is based on the same contractual relationship.

 

§7 liability for material defect and legal faults

So far defects are given, the legal guarantee rights are entitled to the customer in accordance with the following regulations: (1) The customer can assert evident defects of the delivered goods as well as shortfalls or wrong deliveries only if he reprimands this within two weeks after the delivery under exact description in text form towards the EFKO. Decisively for beeing in time is the sending of the fault rebuke. The defects which are no evident defects are to be reprimanded within the legal guarantee term of 1 years in text form towards the EFKO. If the customer is an enterpriser, the guarantee term amounts 1 year. If only businessmen are involved in the contract, are valid in addition §§377 following HGB, german law. The EFKO sends (2) on receipt of the fault rebuke to the customer a package sticker to the free return of the defective product; therefore, not free returns are not accepted. If no lack is given against the fault rebuke, the customer is obliged to the allowance of the back end costs. (3) are given defects and these were asserted on time, the EFKO is entitled to the subsequent performance. The customer never is entitled to diminish the purchase price. For the rest, the legal regulations are valid.

 

§8 to the attention with damages in transit

becoming goods with evident damages to the packaging or to the content delivered, so the customer has to complain this regardless of his guarantee rights immediately to the forwarding agent / cargo service and to refuse the acceptance as well as immediately (Telefax 02353-666-976 / post:

To record Günter Effenberger and Klaus Koerdt GBR, Zum Dachsbau 22, 58553 Halver with the EFKO contact, so that can protect these any rights towards the forwarding agent / cargo service. The customer helps in the enforcement of the claims of the EFKO against the forwarding agent / cargo service. (2) latent defects are of the EFKO – also regardless of any guarantee rights – to announce immediately on discovering, so that any guarantee claims can be protected towards presuppliers.

 

§9 the customer can assert liability of

(1) compensation claims beyond the liability for material defects and defects of title towards the EFKO only with intention or roughly negligent behaviour or by the injury of essential contractual obligations. Except with intention and culpable negligence the liability of the EFKO is limited after the height to the respective amount payable. (2) The liability according to the product liability law and other compelling legal regulations remains untouched. §10 data security (1) to The customer is known and he agrees to the fact that for the liquidation of the order to necessary personal dates are stored by the EFKO on data carriers. The customer agrees to the elevation, processing and use of his personal dates expressly. The stored personal dates are treated by the EFKO of course confidentially. The elevation, processing and use of the personal dates of the customer follows considering the German Federal Data Protection Act (BDSG) and the tele medium law (TMG). (2) to The customer the right is entitled to revoke his approval any time with effect for the future. In this case the EFKO is obliged to the immediate deletion of the personal dates of the customer. With current order processes the deletion follows

 

§11 severability clause

Being or become single regulations of these general terms and conditions and or by them complemented of contract ineffectively, the effectiveness of the other regulations is not thereby touched. With an ineffectiveness of a single regulation the contracting partners try to reach a new arrangement taking into account the mutual interests which comes most near the economic purpose of the ineffective regulation.

 

EFKO Günter Effenberger and Klaus Koerdt GbR, 58553 Halver

01/01/2009