Conditions Générales de Vente (CGV)
Should there be any deviations between the English and the German version of the Terms and Conditions, the German Terms and Conditions are valid.
§ 1 General information, scope
The following Terms and Conditions form the basis of all with us concluded contracts. All of our deliveries, services and offers are based on these conditions. The following Terms and Conditions are valid for both natural and legal persons. Furthermore, our Terms and Conditions of Purchase apply exclusively even when we are aware that a supplier's own terms and conditions contradict or deviate from our own and we accept a delivery from that supplier unconditionally or make unconditional payments to him.
§ 2 Conclusion of contract with Taubenweiss
(1) The offerings of Taubenweiss in the internet represent a non-binding invitation to the customer to order merchandise from Taubenweiss.
(2) Submission of an order by the customer for the merchandise requested shall constitute a binding offer for concluding a purchase contract. As soon as Taubenweiss has received the order, the customer receives an automatical email confirmation at an email address that he has entered when submitting the order. By this email Taubenweiss confirms the receipt of the order. This email does not confirm the acceptance of the order.
(3) Taubenweiss will have the right to accept the order within five working days of receipt of the payment. The acceptance can be made by the sending of an order confirmation that can be sent by email to the customer. Also the shipping of the items without any written confirmation is possible.
§ 3 Agreement on return shipment costs, right of withdrawal within 14 days, exclusion of the right of withdrawal
Right of Withdrawal
Buyers have the right to cancel the order within two weeks of the receipt of the ordered product in writing, via a permanent data carrier or by returning the product, without citing any reasons for doing so.
The withdrawal period shall be 14 days and shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered.
In order to exercise your right of withdrawal you must give a clear statement to us (Taubenweiss GmbH, Danziger Str. 20, D-41564 Kaarst, Germany, Fax +49 (0) 2131 - 7427565, firstname.lastname@example.org) (e.g. by letter, fax or email) about your decision to cancel this contract. You are welcome to use the following model cancellation form which is helpful but not mandatory.
You can fill in and send the model cancellation form or any other clear statement about your cancellation from our website http://www.www.taubenweiss.fr/%%%%lang%%%%/Retoure/ If you choose this option we will confirm your cancellation of your contract immediately (e.g. via email).
To observe the revocation period it is sufficient to send off the revocation or dispatch the product within the revocation term.
Consequences of Withdrawal
If you wish to cancel the order, we will refund you the full payment you have made, including the shipping fee (except for additional costs resulting from your choice for a shipping method other than our cheapest standard shipping) without delay and at the latest within fourteen days of receipt of your cancellation notice. For the refund we use the same payment method that you used for your initial transaction, unless it is expressly entered into another agreement.
In no event will you be charged any fees for this refund. We may inhold the reimbursement until the receipt of the goods or until you have given us proof of the return shipping, whichever the earlier.
You must send back or hand over to us the goods immediately and no later than fourteen days after having informed us about your decision to withdraw. (Taubenweiss GmbH, Danziger Str. 20, D-41564 Kaarst, Germany). It shall be sufficient for the purposes of the relevant time-limits for the communication to have been dispatched by registered post before the relevant time-limit has expired. You must bear the direct cost of returning the goods.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
End of the information about rights of withdrawal
The right of cancellation does not apply to distance contracts for the delivery of goods which are produced according to customer requirements and that have been made of different elements according to customer wishes, that have been customized or individualized to meet the customer’s special requirements or that cannot be returned due to the items’ special properties.
§ 4 Payment, due date, default in payment
(1) The payment of the goods takes place by prepayment only. Accepted payment methods are bank transfer or PayPal payment.
(2) For payment in advance is required, that the buyer pays the purchase price immediately at the time of contract. The processing of the order will not be made until the full payment has been received.
§ 5 Delivery
(1) The merchandise is being shipped to the by the customer provided shipping address. If the order is composed of several items, the items will be sent by one shipment only.
If you wish a separate shipping of the items, please inform us. In this context we would like to point out that the shipping flat rate mentioned on our website is only valid for cumulated shipments. In case of separate shipments, these costs are being charged per parcel.
The delivery time differs from product to product and takes between 2 and 10 weeks. The exact shipping time can be found under each product description. These delivery times are non-binding, as far as nothing on the contrary has been agreed.
(2) The price for packaging and dispatch to Germany is between 0,00 EUR and 19,90 EUR, depending of the item. Please view or shipping cost table. For international deliveries, please view or shipping cost table.
§ 6 Prices
(1) The prices listed for products are the end prices to be paid by customers who buy these products. These prices include the VAT. The shipping costs mentioned above are not included in these prices.
(2) The only valid data and prices are the ones currently listed in our online shop.
(3) For an order the valid price is the one that was valid at the point in time when the order was submitted.
§ 7 Limitation of liability
(1) Our liability in contractual breaches of duty as well as in tort is limited to intent and gross negligence. This does not apply in case of death or injury of persons, in case of a breach of essential duties, that means duties which make the duly realization of the agreement possible in the first place and regarding which you may trust that they are observed and in case of damages for delay. The liability in case of breach of essential duties is limited to the foreseeable damage typical of the type of contract.
(2) According to the current level of technology data communication via internet cannot be guaranteed to be without errors and/or available at all times. The same applies to the availability of our web sites. Therefore we cannot guarantee that our web sites will always be available and are not liable for any damages resulting from disruption or interruptions, etc.
The contents of this web project were carefully examined and prepared in good faith and to the best of our knowledge, but for the here provided information there is no claim on completeness, topicality, quality and correctness. Therefore Taubenweiss cannot be made responsible for damage to be caused by reliance on the contents of this website or arise.
§ 8 Retention/offsetting
Set off rights can be only granted to the Buyer, if his counterclaims have been stated legally binding, undisputed or recognized by our company. In addition the customer is authorized to practice the right of retention in so far as his counterclaim is based on the same contractual relationship.
§ 9 Choice of law, place of performance
The contract shall be governed exclusively by the laws of the Federal Republic of Germany. Application of the UN Sales Convention is excluded. The same applies, if the buyer has no general jurisdiction in Germany, moved his domicile or habitual residence is transferred from the foreign country or his residence or habitual residence at the time the complaint is not known.
§ 10 Safeguarding Clause
If individual provisions of the contract are or become ineffective, the effectiveness of the other contract contents remains unaffected by this.
§ 11 Infringement of rights
If you assume the fact that of these web site out one of your patent rights is hurt communicates you please immediately by our contact form, so that remedy can be created briskly. Please note:
Please you take to the knowledge: The time-consuming engagement of a lawyer for warning liable to pay the costs for the service owner does not correspond to its real or presumed will.
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