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1. Scope of application
The following General Terms and Conditions as amended at the point of time of the order shall exclusively apply to all business relations between e-nnovations GmbH, Lilienthalstraße 21, 32052 Herford (operator of the Voggenreiter online shop), hereinafter referred to as
e-nnovations, and the customer as well as to all future business. e-nnovations will not accept any terms and conditions conflicting with or differing from these General Terms and Conditions and hereby explicitly objects to them. Conflicting terms and conditions of the customer will only become binding, if e-nnovations explicitly agrees to them in writing.
2. Order and conclusion of the contract
Prices quoted in an offer and indications of delivery dates by e-nnovations shall not be binding, unless e-nnovations has denoted them as binding explicitly and in writing. Information given by e-nnovations on the goods (technical data, dimensions etc.) are approximate guiding values only; they will, in particular, only constitute an agreement or guarantee as to quality, if the information is denoted as such in writing and explicitly by e-nnovations.
An order constitutes an offer to e-nnovations for the conclusion of a sales contract. Upon receipt of the order, the customer will receive an e-mail confirming the receipt of the order and indicating its details (in particular binding prices) (acknowledgement of order). This acknowledgement of order does not constitute an acceptance of the offer. A sales contract will only be concluded by the dispatch of the product ordered to the customer (accompanied by an advice of dispatch by e-mail) or by sending a separate confirmation of order by e-mail. No sales contract will be concluded on ordered products that are not listed in the advice of dispatch or the confirmation of order.
If e-nnovations is not able to deliver the ordered goods without any fault on its part, because e-nnovations’ upstream supplier does not meet its contractual obligations, e-nnovations will be entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately of the fact that the product ordered is not available. This provision shall not affect the customer’s legal claims.
e-nnovations does not offer any products for sale to minors. Products for children offered by e-nnovations can only be bought by persons of full age.
e-nnovations reserves the right to sell goods in commercial quantities only.
e-nnovations reserves the right to verify the customer's credit standing in an appropriate manner before accepting the order. Details can be found in the separate e-nnovations privacy policy.
3. Terms of payment and retention of title
The prices quoted in the e-nnovations online shop are final prices in euros and include the statutory VAT currently valid in Germany. For orders of goods below 15.00 euros (excl. shipping charges, incl. VAT), we charge an addition for small-volume purchases of 5.00 euros. The amount of invoice becomes due upon acceptance of the order (see item 2 of the General Terms and Conditions).
Depending on the amount of invoice, the customer can pay by direct debit, transfer, credit card or by cash on delivery. Your account will be debited upon acceptance of the order. In case of cash on delivery, e-nnovations will charge an additional handling fee amounting to 6.00 euros (Please note that the local DHL deliverer charges a COD charge of 2 EUR). For payment by transfer in advance, the amount of invoice has to be transferred to e-nnovations’ account with the Sparkasse Herford (bank code number 49450120), account number 61127, upon receipt of the confirmation of order. If no payment is received within a fortnight upon receipt of the order,
e-nnovations will be entitled to cancel the order.
Orders from abroad are payable by credit card only (Mastercard or Visa).
Please note that, in case of delivery to non-EU countries such as Switzerland, USA etc., authorities in the destination country will charge additional duties and fees.
e-nnovations will remain proprietor of the goods until complete payment of the invoiced amount.
4. Dispatch and damage in transit
Unless otherwise agreed, delivery will take place ex warehouse Herford to the shipping address indicated by the customer. The goods will be shipped within Germany as insured DHL parcel or as letter post with Deutsche Post AG. e-nnovations is entitled to have the delivery carried out by another dispatch company.
If a parcel is damaged by the parcel services in transit, please refuse to accept the parcel and have it returned by the parcel service. We will immediately dispatch the items ordered again.
5. Instruction concerning the right to cancel
Consumers are the only customers to have the following legal right to cancel:
Right to cancel
The customer has the right to cancel his/her agreement declaration within two weeks without giving reasons in form of a text (e.g. by letter or by e-mail) or by returning the goods. The period will start at the earliest upon receipt of the goods and a detailed instruction concerning the right to cancel in form of a text. The deadline will be met if the letter of cancellation or the goods are sent in time. The declaration of cancellation and/or the return shipment have to be sent to:
e-nnovations GmbH
Lilienthalstraße 21
32052 Herford
info@voggenreiter-shop.de
Consequences of cancellation
In case of an effective cancellation, the performances already received will have to be returned and any advantages derived from them (e.g. interests) will have to be surrendered. If the customer is completely or partially not able to return the performance received or can return it in deteriorated condition only, the customer might have to pay damages. This shall not apply to the surrender of goods if the deterioration of the good is exclusively due to their inspection – as it would have been possible in the shop. As for the rest, the consumer can avoid the obligation to compensate for the value of the goods by not using them and by refraining from doing anything that might affect their value. If goods included in a delivery of goods the order value of which amounts in all up to 40 euros are returned within 14 days, the customer will have to bear the costs of the return shipment, if the goods delivered correspond to the goods ordered. Otherwise, the return shipment within 14 days will be free of charge for the customer. Goods not suitable for being sent by parcel will be picked up at the customer.
The right to cancel will not apply to audio or video records or to software if the data carriers delivered have been unsealed by the customer.
- End of the instruction concerning the right to cancel -
6. Warranty and liability
If the goods delivered are defective, the legal provisions will apply. The assignment of the customer’s warranty claims shall be excluded.
Unless otherwise provided hereinafter, more far-reaching claims of the customer (on whatever legal ground) shall be excluded. e-nnovations shall not be liable for damage created not to the delivered item itself; in particular, e-nnovations shall not be liable for lost profit or any other financial loss caused to the customer. To the extent to which
e-nnovations’ contractual liability is excluded or limited, this will also apply to the personal liability of employees, representatives and vicarious agents.
This limitation of liability above shall not apply if the cause of damage is due to intent or gross negligence or personal injury is concerned. If e-nnovations violates a material contractual duty by negligence, the liability to compensate will be limited for property damage to the typical contractual damage to be expected that generally does not exceed the purchase price of the goods ordered.
If subsequent performance took place by means of replacement delivery, the customer will be obliged to return the goods delivered first to e-nnovations within 30 days at e-nnovations’ expense. Defective goods have to be returned in accordance with legal provisions.
7. Data privacy
e-nnovations will treat customer data with the utmost care and attach the utmost importance to compliance with data privacy. Details can be found in the separate e-nnovations data privacy.
8. Governing law and jurisdiction
As far as permissible (e.g. among businessmen) 32052 Herford shall be place of jurisdiction for all legal disputes arising between e-nnovations and the customer. The contractual relationship shall exclusively be governed by German law to the exclusion of the private international law and the UN sales convention.
9. Final clause
Should one or several provisions of these General Terms and Conditions be ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective provision will be replaced by the appropriate legal provision.
Herford, September 2008
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