General conditions and consumer information
§ 1 Fundamental provisions
(1) The following general terms and conditions shall apply to all contracts between Ba-Chuong Pham, Ludenberger Str. 17, 40629 Düsseldorf, Germany – hereinafter referred to as provider - and the customer, concluded via the online shop of the provider. Unless otherwise agreed, the consideration of the customer’s own conditions shall be objected.
(2) Consumer in the sense of the following regulations is every natural person concluding a legal transaction for a purpose that may be neither assigned to his/her commercial nor self-employed vocational activity. Entrepreneur is every natural or legal person or a partnership with a legal capacity which on conclusion of a legal transaction acts in the execution of his/her self-employed vocational or commercial activity.
(3) The contractual language shall be German. The wording of the contract is stored at the provider. However, storage is only temporary, and therefore the customer himself has to care for an imprint or special storage.
§ 2 Subject matter of contract
The subject matter of contract is selling goods. Details, particularly the considerable characteristics of the goods can be found in the item description and the supplementary statements on the homepage of the provider.
§ 3 Conclusion of contract
(1) The range of goods of the provider in the Internet shall not represent any binding offer for the conclusion of a purchase contract, but an invitation of an offer to buy (offer to buy of the customer).
The customer may submit his offer to buy by phone, in written from, by fax, by e-mail or via the online ordering system.
When purchasing via the online shop system attention shall be paid to the following:
The goods intended for purchase are filed in the "Warenkorb (shopping cart)". Via the corresponding push button in the navigation bar the customer may call the "Warenkorb (shopping cart)" and carry out amendments there at any time. After calling up the page "Kasse (pay)" and entering personal data as well as the payment and shipping conditions, all order data is displayed again. Before sending the order the customer may investigate all his statements again, change them (also via the function "back" of the Internet browser) or discontinue the purchase. By sending the order via the corresponding push button the customer submits a binding offer to the provider. First of all, the customer receives an automatic e-mail about the receipt of his order, which does not yet initiate the conclusion of the contract.
(2) Despite payment of the purchase price or fee, the utilization of admissible methods of down payment by the customer does not yet lead to the conclusion of a contract. Acceptance of the offer (and therewith conclusion of contract) in any case requires the written confirmation (e.g. e-mail), in which the customer is confirmed the processing of order or delivery of the goods or sending the goods.
Should the customer within five days not receive any order confirmation or information about delivery or no goods, he shall no longer be bound to his order. In this case, any services already provided will be reimbursed by return.
§ 4 Prices, shipping costs
(1) The prices stated in the respective offers as well as the shipping costs represent the final prices. They include all price components inclusive of all applicable taxes.
(2) Occurring shipping costs are not included in the purchase price, they may be called up via the site "payment and shipment“, are separately shown in the course of the order process and shall be additionally paid by the customer, unless shipping-free delivery has been agreed.
§ 5 Payment and shipping conditions
(1) The conditions of payment and shipment can be found under the correspondent push button in the navigation.
(2) Should contrary to all expectations a product ordered by the customer despite a conclusion of an adequate hedging transaction in due course no longer be available for any reasons not attributable to the provider, the customer shall be immediately notified about non-availability and in the event of withdrawal payments already settled will be reimbursed by return.
(3) The customer as a consumer is asked to investigate the goods upon delivery with regard to completeness, obvious defects and transport damages and to communicate the provider and forwarding agent complaints as soon as possible. Warranty claims of the customer remain unaffected by this.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during shipment shall be transferred to the customer only upon handing over the goods by the instructed forwarding company, irrespective of whether shipment was insured or not.
If the customer is not a consumer, delivery and shipment is done at his risk.
§ 6 Return charges when exercising the right of withdrawal
When exercising the legal right of withdrawal for the consumer in the event of distant-selling contracts it is agreed that the customer shall pay for the regular costs of return shipment if the price of the goods to be returned does not exceed an amount of 40 Euros or if in the event of a higher price of the goods the customer has not yet arranged for the return service or any contractually agreed partial payment at the time of withdrawal, unless the goods delivered comply with the ordered ones. In all other events, the provider shall pay for the return charges.
§ 7 Set-off, right of retention
(1) The customer shall be exclusively entitled to the right of retention if the counter claim is uncontested, legally determined or approved by the provider.
(2) The customer may only exercise a right of retention as far as it is dealt with claims arising from the same contract.
§ 8 Warranty
(1) The legal provisions shall apply.
(2) For used goods the warranty period is one year as of handover of the goods, regardless of any statutory provisions. The one year warranty period shall not apply to damages culpably by and not attributable to the provider resulting from injury of life, body or health and damages caused by the provider by gross negligence or intention or fraudulent intent, as well as in the event of claims to recourse following §§ 478, 479 BGB (German Civil Code).
(3) If the customer is an entrepreneur, the following shall apply regardless of paragraph1:
a) As the condition of the goods, just the provider’s own statements and the product description of the manufacturer shall be considered as agreed, but not any other advertisement, public appraisals and statements of the manufacturer.
b) The customer shall be obliged to immediately investigate the goods with the utmost care with regard to variations in quality and quantity and to communicate obvious defects to the provider in writing within seven days upon receipt of the goods, for keeping the deadline sending the goods in time shall be sufficient. This shall also apply to hidden defects detected later as of discovery. In the event of a breach of the obligation to investigation and notification, the assertion of warranty claims shall be excluded.
c) In the event of defects, the provider may decide to provide a guarantee either by subsequent improvement or replacement. Should the rectification of faults fail for two times, the customer shall be free to demand a price reduction or to withdraw from the contract. In the event of subsequent improvement, the provider shall not be responsible for the increased costs arising for transporting the goods to another place than the place of fulfilment, unless the transport complies with the utilization of the goods as directed.
d) The warranty period is one year as of delivery of the goods. The shortened warranty period shall not apply to damages attributable to the provider resulting from injury of life, body or health and damages caused by the provider by gross negligence or intention or fraudulent intent, as well as in the event of claims to recourse following §§ 478, 479 BGB (German Civil Code).
§ 9 Reservation of proprietary rights
(1) All goods shall remain the provider’s property until full payment of the purchase price has been made.
(2) If the customer is an entrepreneur, the following shall additionally apply:
a) The provider reserves the ownership of the goods until the full payment of all claims resulting from the current business relationship. Before passing of ownership of the goods subject to the right of retention, no pledging or security transfer of title shall be admissible.
b) The customer may resell the goods in the regular course of business. In this event, he already today assigns all claims for the invoice amount which accrue to him from the resale to the provider accepting the assignment. The customer shall be continuously obliged to collect the claim. However, should he fail to orderly meet his payment obligations, the provider reserves the right to collect the claim himself.
c) In cases where the goods subject to retention of title are combined or mixed, the provider acquires co-ownership of the new product in proportion of the invoice amount of the goods subject to retention of title to other processed objects at the time of processing.
d) On the request of the customer, the provider undertakes to release securities he is entitled to to such an extent as the realizable value of securities of the provider exceeds the claim to be secured by more than ten per cent. The choice of the securities to be released shall be up to the provider.
§ 10 Liability
(1) The provider shall be liable without restriction for damages arising from injury to life, the body or health, as far as he fraudulently conceals a defect or has assumed a guarantee for the constitution of the object of purchase, in all events of intent and gross negligence, for damages according to the Product Liability Act or if otherwise required by law.
(2) As far as substantial obligations of the contract are concerned whose infringement endangers the achievement of the subject of the contract, the liability of the provider in the event of slight negligence shall be limited to the foreseeable damage typical for the contract.
(3) In the event of an infringement of insignificant contractual obligations, the liability regarding slightly negligent infringements shall be excluded.
(4) Given the present technology, it is impossible to guarantee that data communication via Internet may be available free of errors and/or at any time. In this respect the provider shall be liable neither for the permanent nor uninterrupted availability of the website and the service offered there.
§ 11 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply under the exclusion of the UN Sales Convention. For consumers, this choice of law exclusively applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country of the permanent residence of the consumer (benefit-of-the-doubt principle).
(2) The place of performance for all services resulting from the business relationships existing with the provider as well as the place of jurisdiction shall be the registered office of the provider, as far it is not dealt with a consumer, but a trader, a legal entity under public law or public special estate.
The same applies if the customer does not have any general place of jurisdiction in Germany or the EU or the permanent place of residence is not known at the time of filing a complaint. The authority to also invoke the court of another legal jurisdiction remains unaffected hereof.
§ 12 Information about battery disposal
In the context of the distribution of batteries or the delivery of devices including batteries, the provider shall be obliged to pay the customer’s attention to the following:
The customer as the end user shall be legally bound to return used batteries. He may gratuitously return old batteries that the provider has or had in his range as new batteries to the warehouse (address for dispatch) of the provider. The symbols illustrated on the batteries have the following meaning:
The symbol of the crossed dustbin means that the battery must not be disposed of in household waste.
Pb = Battery includes more than 0.004 mass percent lead
Cd = Battery includes more than 0.002 mass percent cadmium
Hg = Battery includes more than 0.0005 mass percent mercury.
