Conditions of Use

General terms and conditions
the company POKALEXPRESS.DE
 
Rainer Heitkamp
Bachackerweg 88
45772 Marl - Germany
 
- legally represent by the owner Rainer Heitkamp
in the following POKALEXPRESS.DE
 
The following terms of business are written in German and can be loaded by the customer in his working memory. If requested you can be requested under http://www.pokalexpress.de/agb.pdf or by e-mail in info@pokalexpress.de in digital or written form. They are offered to the customer, in addition, of every order to the examination.
 
The ladungsfähie address of POKALEXPRESS.DE as well as the representative office person entitled can be taken in particular from the invoice.
 
Preamble
POKALEXPRESS.DE pursues for commercial purposes under the domain http://www.pokalexpress.de a homepage. POKALEXPRESS.DE offers to customers on this website products, primarily cups, medallions and association demand to the purchase on the Internet.
 
§1 Universal
These terms of payment and delivery are an essential component of all contracts or orders with our customers. Conflicting Einkausbedingungen with our customers are ineffective, even if we do not contradict you expressly.
 
§2 Product choice
(1) The customer has the possibility to select products on the abovementioned website and to order
(2) Concerning every product the customer receives a separate product description on the respective underside of the website.
(3) The customer can click the products desired by him on the website. These are collected in a virtual basket of commodities and the customer receives at the end of his EInkaus an arrangement of the products for the whole price including the legal value added tax.
(4) Before sending of the order enable POKALEXPRESS.DE to the customer to check the order for her content correctness, in particular on price and amount as well as for the graphic correctness, and to correct if necessary.
(5) The on offer provided information to masses and paints are About specifications. Divergences from up to five percent between the provided information and the actual delivery give no cause for a complaint.
 
§3 Cancellation instruction
Right of withdrawal
kunde his contract explanation can recant within one month without giving reasons in text form (e.g., letter, Telefax, e-mail) or by return of the case. The period begins at the earliest with preservation of this instruction. For the protection of the cancellation period the timely sending of the cancellation or the case is enough.

The cancellation is to be directed in:

POKALEXPRESS.DE
Rainer Heitkamp
Bachackerweg 88
45772 - Marl / Germany
 
Cancellation results
In case of an effective cancellation the performances received on both sides zurückzugewähren and if necessary pulled uses (e.g., interest) are to be published. Is able to do the customer POKALEXPRESS.DE the received performance all or part not or only in made worse state zurückgewähren, he must pay POKALEXPRESS.DE in this respect if necessary value compensation. With the assignment of cases this is not valid if the deterioration of the case is to be led back exclusively on the audit - as she would have been possible to the customer possibly in the retail shop-. For the rest, the customer can avoid the value liability to pay damages, while he does not take the case like an owner in use and omits from everything what affects their value. Pakteversandfähige cases are to be sent back. The customer has to bear the costs of the return on a return from a delivery of goods whose order value amounts in total up to 40 EUR if the delivered product of the ordered ones corresponds. Otherwise the return is cost-free for the customer, however, only if POKALEXPRESS.DE the collection by the package service arranged.
 
Specially tips:
The right of withdrawal of the customer goes out prematurely if the contracting partner of the customer has begun with the execution of the service with explicit approval of the customer before the end of the cancellation period or the customer has arranged this itself.

The right of withdrawal does not exist with contracts for the delivery of goods which become after customer's specifications angefertig or are cut unambiguously on the personal demands.
 
§4 Prices
(1) The list prices are valid it at the time of the order as they are shown on the Internet sites.
(2) The prices get on from company seat of POKALEXPRESS.DE including the legal value added tax at no cost to packaging and dispatch
(3) The forwarding expenses are calculated separately.
 
§5 Conclusion of the contract
(1) The offers of POKALEXPRESS.DE on the website are not binding. With it is obliged the POKALEXPRESS.DE in case of the non-availability not to the performance. Then, nevertheless, a conclusion of the contract and with it a contractual connection about the single performances comes about, provided that the POKALEXPRESS.DE the order of the customer has confirmed in text form.
(2) POKALEXPRESS.DE is entitled to deliver one in quality and price equivalent product if the ordered product is not available.
 
§6 Realisation of the contract
(1) POKALEXPRESS.DE will work on orders of working day within from 2 to 3 days.
(2) As far as the ordered products are available, this will deliver the POKALEXPRESS.DE within 2-8 working days after entrance the payment entrance.
(3) The forwarding expenses by the inland amount to 7.99 EUR as an insured person package. With sendings abroad forwarding expenses are calculated by height of the originating expenses. From an order value of 300 EUR we deliver in innland free of forwarding costs. With an order cash on delivery in innland 7.00 EUR of COD charge become due, in addition.
 
Changes, enlargements, limitations of the order
At short notice POKALEXPRESS.DE will answer inquiries of the customer in connection with already effected orders with regard to changes, enlargements and/or limitations of the Produkumfangs. As far as the customer wishes a product change, product enlargement and/or product limitation up to 1 working day before the planned delivery, POKALEXPRESS.DE will consider this, so far possibly.
With the goods which were already sent or become after customer's specifications angefertig or are cut unambiguously on the personal demands and were produced a limitation is not already possible.
 
§7 Terms of payment
(1) POKALEXPRESS.DE makes out to the customer for the ordered product a check which is enclosed of the delivery of goods. POKALEXPRESS.DE delivers the product at the moment only by prepayment or cash on delivery. By delivery against invoice all invoices amount are to be paid at the latest 14 days after invoice date.
(2) Prices on the invoice are always end user's prices including the legal value added tax.
(3) With default the customer is obliged, the consumer is, to pay interests for delay at the rate of 1.2% about the base interest rate clause in POKALEXPRESS.DE, unless POKALEXPRESS.DE can prove a higher interest rate. With customers whom entrepreneurs are clause 1 with the possible specification is valid that the default interest rate 2% about the base interest rate clause lies.
(4) Discounts (amounts discounts, corporate client discounts and reseller's discounts) are allowed only with payment entrance appropriate for period. With default the invoice amount is without Abzüg, plus the dunning costs and interest due.
(5) 40 days after invoice date the open demands are resigned irrevocably to a solicitor's office which calls the amount payable plus remind and handling charges then as his. The additional costs originating from it go to costs of the customer.
(6) The buyer is to be held back not entitled because of disputable guarantee claims the purchase price or not to charge with approved or legally ascertained counterclaims or to assert a right of retention
 
§8 Retention of title
All deliveries follow exclusively under retention of title. Up to the payment of all demands of the shop assistant from the business relation with the buyer, the property is left in the delivered product to the shop assistant. With current invoice the reserved property is valid as a protection of our balance demand. The buyer is entitled to the resale of the reservation product, as far as possible this resale follows in the proper business dealings.
The demands of the buyer from the resale of the reservation product are already resigned now to us namely immediately whether it is sold to one or several buyers. The demand is valid for the case that the reservation product by the buyer together with others, us is not sold to belonging goods in the value relation existing at the moment of the sales of our property in the reservation product to the remaining goods or to the coproperty rights more different in the recreated cases corresponds. The buyer is authorised for the collection of the demands from the resale in spite of the assignment. Our collection competence remains untouched from the direct-debit authorisation of the buyer. However, we will not draw the demands ourselves, as long as the buyer to his bills of debt ordungsgemäß follows. At our desire the buyer has to inform us of the debtors of the resigned demands and to indicate the debtor the assignment to us.
The Eigentumgsvorbehalt is caused in the manner that in the full payment ours passes over the property in the reservation product on the buyer to all demands from the business connection without next and the abgetrenen demands are entitled to the buyer. Machine of the buyers with the payment in default, so we are entitled to claim back the reservation product. This reclaim is not valid as a resignation of the order.
 
§9 Guarantee and liability
(1) Entitled shortages with regard to the product, the customer POKALEXPRESS.DE must inform in writing and send, in addition, the product. The guarantee of the supplier is directed at Civil Code after §§433 and the following. In the enterprise business dealings the guarantee is limited to a year and POKALEXPRESS.DE is entitled to repair the product alternatively or to put cost-free substitute.
(2) POKALEXPRESS.DE sticks
  • by full damage height with coarse fault of your organs and leading office worker,
  • to the reason after contractual obligations essential by every culpable injury,

one coare to blame of the customer is to be credited to this. The liability because of intention, guarantee as well as according to the product liability law remains untouched from this.

§10 Force majeure
(1) For the case that POKALEXPRESS.DE cannot produce the owed performance on account of force majeure (in particular war, natural disasters, however, also material shortages, Betriebsstörungn, strikes or official measures) - also with presuppliers - it is released for the duration of the obstruction from your performance duties.
(2) If POKALEXPRESS.DE the execution of the order or delivery of the product is longer than one month on account of force majeure impossibly, the customer is entitled to the resignation of the contract.
 
§11 Data security
POKALEXPRESS.DE will notice all data security-juridical requirements, in particular the default of the teleservice Data Protection Act. Personal dates are used exclusively for the contract liquidation and treatment of the order and for the customer's newsletter.
POKALEXPRESS.DE does not transmit personal dates into three parts. Except from this are the service partners who need the dates for the contract liquidation and treatment of the order (z.b. DPD) and with default open accounts, the organs appointed with it to the debt collection.
 
§12 Place of delivery and jurisdiction
Place of delivery and jurisdiction for all claims which arise between POKALEXPRESS.DE and the customer from the business relation is 45772 Marl-Germany.
 
§13 Final regulations
(1) Vertragssprache is German
(2) Should a regulation of these conditions be trifling or become, the conditions remain, for the rest, effective. POKALEXPRESS.DE and the customer will substitute for the trifling regulation with such an effective one which comes to the will of the contracting partners financially most near.

Stand: 04/2008

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