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Terms

Terms and conditions Allgemeine Geschäftsbedingungen
 

§ 1 General terms - Scope

1. The following terms and conditions are valid for any business relation between C- Store Hard- und Software GmbH, Gartenstrasse 16, 37073 Goettingen (Entrepreneur) and the clients. The version that is valid during the conclusion of contract is the relevant version..

2. Consumer for the purpose of these terms is any person in a business relationship which can not be attributed to their commercial or self-employed activity.

Client  for the purpose of these terms are consumers as well as entrepreneurs.

3. Diverging, contradicting or supplementary terms can never be part of the contract if they are not duly signed and agreed to.

2 Conlusion of contract

1. The condition for our goods and services are non-binding. The presentation of our goods on the internet is no offering but a non-binding invitation to the client to place an order. Technical changes or changes in shape, color or weight are subject to change without notice.

2. With his order, the client makes a binding contract offer.

We will confirm the receiving of this offer immediately. The confirmation does not contain a binding acceptance of the offer, only if we do declare this explicitly.

Reception of an order by telephone does not imply a binding acceptance of the order.

3. We have the right to accept the contract offer within two weeks. We have the right to accept orders that have been dispatched electronically within three days after receiving them.

We have the right to reject any order.

We have the right to limit the number of goods to household quantities.

4. In the event of unpunctual or incomplete delivery to the entrepreneur we are allowed to deliver partly or not at all. This only accounts to cases that are not within our liability.

In such a case we will inform the client as soon as possible. We will refund or partially refund the client immediately.

5. If the client has dispatched his order electronically, we will save the contract and email the details along with the terms which are currently valid.


§ 3 Retention of title

1. In contracts with consumers, we reatin the right of property until the payment has been fully received.

In contracts with entrepreneurs we retain the right of property until all outstanding invoices have been fully paid.

2. The client has to treat any goods that are under reservation of the right of property well and cautious. If maintenance and/or repairs are necessary, the client has to conduct these at clients own expense.

The client has to notify us of any third party claiming rights for the goods, especially if enforcement measures are taken against him, or of any damage to the goods. He will also notify us of any change of ownership or change of address.

 

The client will be held responsible for any damage or financial loss that arises from neglecting these obligations. 

3. We have the right to terminate the contract and demand handover of the goods if the client fails to comply with these obligations, especially if the client fails to pay on time. Moreover, we have the right to terminate the contract and demand handover of the goods if we can not reasonably be expected to adhere to the contract.

4. The entre. Er tritt uns bereits jetzt alle Forderungen in Höhe des Rechnungsbetrags ab, die ihm durch die Weiterveräußerung gegen einen Dritten erwachsen. Wir nehmen die Abtretung an. Nach der Abtretung ist der Unternehmer zur Einziehung der Forderung ermächtigt.Wir behalten uns vor, die Forderung selbst einzuziehen, sobald der Unternehmer seinen Zahlungsverpflichtungen nicht ordnungsgemäß nachkommt und in Zahlungsverzug gerät.

Die Be- und Verarbeitung der Ware durch den Unternehmer erfolgt stets im Namen und im Auftrag für uns. Erfolgt eine Verarbeitung der Ware, so erwerben wir an der neuen Sache das Miteigentum im Verhältnis zum Wert der von uns gelieferten Ware. Dasselbe gilt, wenn die Ware mit anderen, uns nicht gehörenden Gegenständen verarbeitet oder vermischt wird.

§ 4 Cancellation and right to return goods

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right of withdrawal, you must inform us ( C-Store Computer Hard- und Software GmbH Gartenstrasse, 16 Göttingen Tel.: 0551 9995980 Fax: 0551 9995989 E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To:
    C-Store Computer Hard- und Software GmbH
    Gartenstrasse, 16
    Goettingen
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is notified on paper)
  • Date

___________
(*) Delete as appropriate.



§ 5 Payment

1. The prices shown on the pages are fixed prices. VAT is included.

Shipment costs will be added if shipping is necessary or wanted.

We do not charge our clients for using telecommunication services.

Clients can pay by credit card, paypal, collect on delivery, bank transfer or in cash. We reserve the right to exclude payment methods.

2. The client undertakes to pay within 10 days. After 10 days the client is in default.

While in default, a consumer has to pay an interest 5% above the base rate.

While in default, an entrepreneur has to pay an interest 8% above the base rate. We reserve the right to prove a higher default damage.

3. The client has not right to offset. Exceptions to this are if the clients claims have been recognized in an enforceable judgement by a German court or have been accepted by us.

 

The client may exercise a right of retention only if his counterclaim is based on the same contractual relationship.

 

 

§ 6 Transfer of risk

1. In the case of consumers, and in the case of a contract of sale involving the carriage of goods, the risk of accidental destruction and accidental deterioration of the goods purchased is transferred when the goods are passed from the transporter to the consumer or a recipient specified by the consumer. This shall apply regardless of whether the dispatch was insured or not.

 

For entrepreneurs, the risk of accidental destruction and accidental deterioration of the goods is transferred to the buyer upon transfer, and in the case of a contract of sale involving the carriage of goods, with the delivery of the goods to the freight company or other person or establishment designated to carry out delivery.

 

The same applies to the delivery of products when the customer defaults the acceptance of the products

 

2. In case of downloading or sending data via internet, the risk of accidental destruction and accidental deterioration of the goods purchased is transferred when the data has passed the network interface.

 

 

§ 7 Legal warranty

1. The consumer has the choice of whether follow-up performance shall transpire via rectifying the defect or replacement delivery. We are entitled to reject the chosen follow-up performance it it results in excess cost, and a different follow-up performance has no substantial disadvantages for the consumer.

 

For entrepreneurs, we will at our choice either rectify the defect or replace the defective goods.

 

2. If the follow-up performance fails, the consumer can demand a lowering of the fee (reduction) or termination of the contract (withdrawal) along with compensation.

 

Rest to be translated, German version is valid. English version is for information only.