General Terms of Sale
1. General items
For all orders for goods offered by EUROMEDIXX Versandhandel SeiDesign Heimtextilien, owned by Irina Richter, Sachsenhausener Str. 6D 16515 Oranienburg, Germany, within its online shops, the following terms and conditions (GTC) valid at the time of the order placement will exclusively apply. If the customer is a contractor, an amendment will be necessary.
(1) You can place your orders by phone, Internet, by mail or fax. For written orders without specification of the payment conditions we reserve the right to ship the goods with payment on delivery. Within the ordering process our information about products and prices are non-binding. By clicking the button “Send order” you place a firm order for the items in the cart. With your order you place a firm offer; You will receive an order confirmation by e-mail, if you will have sent us a valid e-mail address. This order confirmation is not yet a valid confirmation of your offer, but it is only for your information, that your order has been received. The purchase will become valid with the shipment of the ordered goods or with sending a separate confirmation of delivery to the buyer .We are entitled to accept the order within 14 days from receipt of your offer.
(2) The seller reserves the right to deliver goods, which might show deviations in structure and color, which however must be reasonable for the customer, as far as these are in the nature of the materials used and usual in trade. The ordered goods may differ slightly from the products shown on the Internet due to technical reasons or display options, and in particular there may be color variations.
3. Rejection of orders
We reserve the right to reject online-orders. EUROMEDIXX Versandhandel SeiDesign Heimtextilien may take a decision on this issue. If an online order cannot be realized, the customer will be notified immediately.
4. Retention of title
For consumers the goods remain in our property until the full payment will have been received. For contractors, the goods remain in our property until all claims from an ongoing business will have completely been paid. 5. Right of withdrawal Withdrawal for consumers Consumers are entitled to withdraw an order under the following conditions: a consumer is any natural person who enters into a transaction for purposes which will not be in relation neither to his commercial nor his freelance work. Instructions for Withdrawal You have the right to withdraw the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date, where you or a third person, named by you, but who will not be the carrier, acknowledged receipt of the goods. To exercise your right of withdrawal, you have to inform us
SeiDesign Heimtextilien Inh. Irina Richter
Serviceabteilung Sachsenhausener Str. 6D
in written (to be sent by post mail, fax or e-mail) of your decision to withdraw the contract. You can use the attached withdrawal form, which is however not mandatory. To meet the deadline, it is sufficient that you send your message concerning the right of withdrawal before the withdrawal period will have been finished. Consequences of withdrawals If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, which is the cheapest standard delivery method). We will refund immediately but latest within fourteen days from the date when the notification about your cancellation of the contract will have been received. For the refund we use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise; you will not be charged with any fees for this refund. We may withhold the refund until we have received the goods back, or until you have sent a proof that you have returned the goods. You have to return or hand over the goods immediately but not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send out the goods within this fourteen days period. You will have to bear the costs of returning the goods. You only will have to bear the loss of value of the goods, if this loss is due to an unnecessary use with regard to the nature, the characteristics and handling of the goods.
End of the instructions Exemption or prematured expiry of the withdrawal
The right of withdrawal will not apply for contracts for
• the supply of goods which are not prefabricated, i.e. if they will be produced by individual choice or decision of the customer or if they are clearly tailored according to personal needs;
• the supply of goods that can spoil quickly or whose expiration date has already passed;
• the supply of alcoholic beverages, where the price has been agreed in the contract, but which may, at the earliest, be delivered 30 days after the conclusion of the contract and where the current value depends on fluctuations in the market, what is not under the contractor’s control;
• the supply of newspapers, periodicals or magazines with the exception of subscriptions; The right of withdrawal will expire prior to maturity for contracts
• for the supply of sealed goods which are not suitable to be returned for reasons of health or hygiene, if they would have already been opened after delivery;
• the supply of goods when they were mixed after delivery with other goods and can no more be separated;
• for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
(1) If goods are defective, the customer has the choice of a repair or replacement of these goods. We are entitled to refuse the customer’s choice if it is only possible with disproportionate costs and the other type of rectification could be carried on without significant disadvantages for the customer. If delivered articles show obvious material or manufacturing defects, including transport damage, a claim should be sent to us immediately. It will, however, not have any consequences on the legal warranty if you fail to send such a claim.
(2) For companies we guarantee to proceed either with a repair or replacement of damaged goods. (3) If the rectification fails, the customer can request a reduction of the purchase price, the cancellation of the contract (withdrawal) or a compensation.
(4) Contractors must examine the goods immediately upon receipt on quality and quantity and must inform us of obvious damages within a period of three weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. A timely dispatch is necessary to comply with the time limits. § 377 HGB (German Commercial Law) will apply for all contractors, concealed defects must therefore be reported immediately after their discovery.
(5) if the customer is a contractor, only the product description of EUROMEDIXX is considered as agreed. Public statements, recommendations or advertisements of the manufacturer do not represent the contractual quality of the goods.
(6) The warranty period for consumers is two years from delivery of the goods. Deviating from this, the warranty period for consumers for used goods is one year from delivery.
(7) The warranty period for contrtactors is one year after delivery of the goods both for new goods as well as for second-hand goods.
(8)Warranty in the legal sense cannot be given. Manufacturer warranties remain unaffected.
7. Limitations of Liability
(1) We exclude liability for damages which have been caused by negligence, if these are not contractual obligations, damages resulting from injury to life, limb or health or refer to guarantees or claims under the Product Liability Act. The same will apply to all violations of obligations of the auxiliary persons, too.
(2) In case of essential contractual obligations the liability is, in case of simple neglicence, limited to damages that are typically associated and predictable with the contract.
8. Price Information
(1) The prices offered at the time of order placement will apply. The prices are in EURO and include VAT. Shipping charges will be added. For all advance payment orders the shipping charges are 6,90 €, for all COD orders an addition of 2,00 € (applicable for deliveries by DHL) for the COD will be added to the shipping charges of 6,90 €.
(2) For all orders from outside of Germany an advanced payment will be required. The shipping charges will be 20 €.
9. Charging, Retention of Goods, Assignment
The customer can only set against a receivable as far as this has been legally determined. The same applies to the right of retention, if it is not based on the same contract. The customer is not authorized to assign the claims and rights against us to third parties.
10. Payment Options
Payments can be made either in advance or on delivery. In the case of cash on delivery the customer will have to pay the cash on delivery charges, which will have to be paid in addition to the purchase price. These costs will havet o be paid in two parts for reasons that are within the responsibility of Deutsche Post. Accordingly, a partial amount is already included in the invoice, whereas the other part must be paid directly upon receipt of the shipment. If we can offer other payment methods, you will find an indication under "about us" or in the cart within the selection of the payment methods. Deliveries outside Germany can only accepted against prepayment.
(1) If not mentioned differently in the product description, EUROMEDIXX Versandhandel SeiDesign Heimtextilien does not provide andy warranty on his range of products. Warranty commitments of the manufacturer constitute a separate legal relationship between the customer and the manufacturer. That means that claims under warranty commitments of third parties (usually the manufacturer) do not justify any claims against EUROMEDIXX. All claims arising from warranty commitments have to be submitted directly to the warrantor (usually the manufacturer).
(2) If the customer does not send in a warranty case the product directly to the warrantor, but to EUROMEDIXX Versandhandel SeiDesign Heimtextilien, he has to bear all the shipping costs incurred in this connection. In addition he will have to pay a handling fee of 10 € to EUROMEDIXX. The customer and EUROMEDIXX are entitled to prove that indeed a lower or higher handling fee is incurred. Sentence 1 shall not apply if the customer is entitled to make any warranty claims against EUROMEDIXX on these goods.
12. Copyright and Image Rights
The entire content of our web pages, including texts, graphics, photographs, images, animations, illustrations, and software is the property of EUROMEDIXX Versandhandel SeiDesign Heimtextilien, its suppliers, licensors, partners, and / or content providers. All contents are protected by copyright and other rights. The use of the content, reproduction, storage, and in particular within online auction platforms is expressly prohibited.
13. Liability exclusion for Links
The websites of EUROMEDIXX are containing links to other websites. It is expressly stated that EUROMEDIXX Versandhandel SeiDesign Heimtextilien is not responsible for the content of the linked third-party sites. EUROMEDIXX Versandhandel SeiDesign Heimtextilien does not have any influence on the design and content of linked third-party sites and does not adopt their contents.
16. Applicable Law
(1) For any dispute arising out of or pursuant to this agreement, German law, excluding the CISG, will apply.
(2) If the customer is a merchant, the competent court at the registered office of EUROMEDIXX Versandhandel SeiDesign Heimtextilien is considered as place of jurisdiction for all disputes arising from this contract.
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