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Standard terms and conditions

General Business Terms
1. General
1.1 Bidder
EIDEX GmbH
Managing Directors: Thomas Gottschall, Patrick Haendly
Schorner Straße 1a
D - 82065 Baierbrunn, Germany

Tel +49 89 23 88 73 - 0
Fax +49 89 23 88 73 - 29
info@eidex.de

VAT Registration no.: DE 813231957
Registration Court: District Court of Munich Commercial Register 138163

1.2 Application of the business terms
All business relations between Eidex GmbH ( hereinafter EIDEX) and its customer shall be conducted on the basis of the following General Business Terms (GBT) in the version applicable at the time of the order, provided that no individual subsidiary contractual agreements have been entered into. Subsidiary contractual agreements shall have precedence over these General Business Terms.

1.3 Customer / consumer and contractor
Under the terms of these business terms, the customer is both the consumer and the contractor, unless otherwise indicated. According to § 13 German Civil Code, consumers are all natural persons who conclude a legal transaction for a purpose that cannot be attributed to their business or self-employed professional activities. According to § 14 German Civil Code, contractors are natural persons or legal persons (e.g. limited liability companies, joint stock companies) or business partnerships with a legal capacity (e.g. limited partnerships, private partnerships, general partnerships), who are exercising their commercial or self-employed professional employment by concluding a legal transaction.
When the person of the customer is referred to in the male form, this is also intended to refer to female customers.

2. Conclusion of a contract
2.1 Offer
The placement of goods in the online shop shall not constitute a offer to all under the terms of § 145 German Civil Code. The placement of goods should simply be understood as an invitation to the customer to make a purchase offer to EIDEX. The customer makes a purchase offer to EIDEX by ordering the goods displayed. The customer thereby makes a binding declaration of his intention to purchase the relevant goods.
The customer is bound by this purchase offer as soon as it reaches the reception area of EIDEX, as a rule when it passes the electronic interface of the server that receives the order.
Any subsequent cancellation of the order shall not cancel the offer unless the customer can establish that the offer was made in error of declaration. The right of withdrawal of the customer, who is also the consumer, is not affected.
2.2 Acceptance
The customer is bond by his purchase offer for seven working days. EIDEX shall acknowledge receipt of the order immediately by electronic means, usually e-mail. This acknowledgement shall not in itself constitute a binding acceptance of the order.
EIDEX can accept the customer’s offer within seven working days of receipt. Orders shall be accepted in writing and acceptance can be declared separately from or at the same time as the acknowledgement.
2.3 Reservation of contract
This contract is concluded on the understanding that, should the goods no longer be available in stock, EIDEX shall be supplied promptly and correctly by the relevant supplier. This proviso shall only apply if EIDEX is not responsible for the delay in delivery, in particular if it has concluded a so-called congruent covering transaction to enable it to meet its contractual obligations. If these goods are unavailable, the customer will be informed accordingly by EIDEX. If the customer has already paid the purchase price and ancillary costs (e.g. shipping costs) these shall be reimbursed by EIDEX immediately or can, if the customer expressly wishes, be offset against another order.
2.4 Storing the text of the agreement
The text of the agreement shall be stored by EIDEX and shall be sent to the customer at the e-mail address nominated by him after the agreement has been concluded.
2.5 Language of the agreement
German shall be the sole language used when concluding the agreement.

3. Prices, due dates, methods of payment
3.1 Prices
The purchasing price includes the legal rate of Value Added Tax. The purchasing price does not include a flat rate for packing and shipping, which is listed separately for every product with specific const details or a link to a general overview of shipping costs. If the purchaser orders several articles, shipping costs shall be charged according to shipping cost table linked to every offer. When the Internet pages are updated, all previous prices and other product infomation becomes invalid. Only the version valid at the time of the order shall be relevant.
3.2 Due date for payment of the purchasing price / default
Unless otherwise agreed, the purchasing price falls due 14 days after the receipt of the confirmation e-mail in the customer’s e-mail mailbox.
If the customer fails to make payment on time, he will find himself in default if the customer has 1) received an invoice or similar breakdown of payments and 2) has been informed of the consequences of failure to make payment on time with the confirming e-mail. However, the customer shall not generally be deemed to be in arrears if he is not obliged to make payment or is not responsible for the failure to accept the service or the failure to pay the purchasing price.

4. Transfer of risk
4.1 Transfer of risk in the case of consumers
Insofar as the customer is a private consumer according to item 1.3 of these General Business Terms, the risk of accidental loss and accidental deterioration of goods shall transfer to the customer upon delivery of the goods .
4.2 Transfer of risk in the case of contractors
Insofar as the customer is a commercially active contractor according to item 1.3 of these General Business Terms, the risk of accidental loss and accidental deterioration of goods shall transfer to the customer upon delivery of the goods to the company responsible for handling the shipment; the place of fulfillment in this case only (the purchaser is a contractor) shall be the headquarters of EIDEX.
5. Reservation of ownership
5.1. Reservation of ownership for consumers
EIDEX shall reserves ownership of the purchased goods until the relevant purchasing price and shipping costs have been paid.
5.2 Reservation of ownership for contractors
If the customer is a contractor, EIDEX shall reserve ownership of the purchased goods until all payments have been received from the business relationship with the customer.
In the event of attachment or other interventions by third parties, the customer must notify EIDEX immediately in writing so that EIDEX can object to the attachment. If the third party is unable to reimburse EIDEX for the judicial and extrajudicial costs for its third party objection, the customer shall be liable for the shortfall.
The customer is entitled to resell the purchased goods in an orderly business transaction; however it hereby transfers to EIDEX all claims to the final amount of the invoice (including value added tax) which it accrues from the resale to its customers or third parties, irrespective of whether the purchased goods have been resold with or without subsequent finishing. The customer remains entitled to collect this claim, even after relinquishment. The authority of EIDEX to collect on the claim itself shall not be affected. However, EIDEX undertakes not to collect on a claim provided that the customer meets its payment obligations arising from the collected revenue and does not fall in arrears and, in particular, that no application has been made for insolvency proceedings or payments are discontinued. In the event of an application for the insolvency proceedings, EIDEX can demand that the customer should make known the relinquished claims and their debtors on an individual basis and supply all the necessary documentation and notify the debtor (third party) of the relinquishment.
If the purchased goods are inseparably mixed with other objects not belonging to EIDEX, EIDEX shall obtain joint ownership of the new goods in proportion of the value of the purchased goods to the other objects mixed with them at the time of mixing. If mixing takes place in such a way that the customer’s goods are to be regarded as the main article, it is agreed that the customer shall transfer joint ownership to EIDEX in the proportionate amount. The customer shall take the sole or joint ownership into its safekeeping on behalf of EIDEX.
EIDEX undertakes to release the securities due to it at the request of the customer insofar as the value of the securities exceeds the claims to be secured by more than 20%; the choice of the securities to be released remains with EIDEX.

6. Cost of returns in the event of a cancellation by the consumer
If a customer exercises the right to cancel an order within the permitted period, the customer shall bear the costs of the return in exceptional circumstances if:
1) the goods delivered correspond to those ordered and, at the same time, the price of the goods to be returned does not exceed Euro 40 or if
2) the goods delivered correspond to those ordered and customer has not yet paid for the goods or made a contractually agreed part payment at the time of canceling if the price of the goods is higher.

7. Warranty
The customer’s  warranty entitlements shall be in line with the legal provisions. EIDEX does not offer the customer a separate manufacturer’s guarantee under the terms of § 443 German Civil Code on the goods offered. The customer can determine from the product documentation whether a manufacturer’s guarantee exists that applies in addition to EIDEX’s warranty. Guarantee claims arising from a manufacturer’s guarantee establish a separate legal relationship with the manufacturer and are to be pursued directly with it.
If the customer is a contractor, the contractual compliance of the services rendered must always be verified after receipt. Complaints due to apparent defects shall only be accepted and are only permitted if they are made in writing within one week of receiving the goods.
Liability for consequential harm caused by a defect, in particular loss of earnings or compensation for damages, is excluded unless EIDEX or its agents are culpable for intent or gross negligence.
There shall be no disclaimer of liability for personal injury. Liability limitations shall not apply for claims by the customer arising from product liability.

8. Copyright
The customer undertakes to release EIDEX entirely from third party claims in relation to the copyright of customer orders.
In addition, the customer shall permit EIDEX to photograph articles produced for it and to reproduce these photographs in the relevant EIDEX catalogs, brochures and Internet pages and to use these as samples or also at trade fairs.

9. Final provisions
If one or more provisions of these GBT is invalid, this shall not result in the invalidity of the other GBT provisions. The invalid provision shall be replaced by the relevant legal provision.
Munich shall be agreed as the court of jurisdiction for all disputes arising from the contractual relationship if the party placing the order is a businessman, a legal person under public law or a special fund. EIDEX is also entitled to bring legal action at the customer’s headquarters.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 
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Saturday 19 April, 2014