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The following Terms and Conditions are for informational
(1) The general Terms and Conditions apply to
all orders over the web pages of Lesaro Silberdesign, Andreas Leistritz (in
the following: Lesaro Silberdesign) in the respective, if the customer has
his invoice address in Germany at the time of the completion of a contract. (2) Our general Terms and Conditions are exclusively valid. Conditions of the customer standing contrary or deviating from our business conditions will not be acknowledged, unless Lesaro Silberdesign has particularly agreed to this in writing to each individual case. § 2 Conclusion of the contract (1) The representation on callable computers through the Internet of the assortment from Lesaro Silberdesign does not represent an offer in the sense of § § 145 ff BGB. It is subject to alteration and non-committal. (2) Placing an order by e-mail to Lesaro Silberdesign, an offer is placed on conclusion of a sales contract with Lesaro Silberdesign in the sense of §§ 145 ff BGB . The customer receives an acknowledgment of the receipt of the order per e-mail (Ordering confirmation). This purchase order response does not represent any acceptance of the offer but only informs the customer that the order has been received by Lesaro Silberdesign. If necessary, Lesaro Silberdesign will point out possible faults in the details of the assortment on the web site to the customer and present a corresponding counteroffer to him. (3) The contract with Lesaro Silberdesign concludes if Lesaro Silberdesign accepts this offer by shiping the ordered product to the customer and confirms shipment to the customer vis a second e-mail (dispatch confirmation). No contract of sale will conclude for products from one and the same order which are not listed in the dispatch confirmation. (4) The acceptance is carried out under the reservation of the legal tolerance and the availability of the ordered goods or performance, particularly the self supplying. If Lesaro Silberdesign cannot accept the order of the customer, the customer will be informed of the non-availability instead of an ordering confirmation. Services produced already by the customer will be refunded immediately. § 3 Delivery and dispatch conditions 1) Lesaro Silberdesign will deliver the ordered product(s) to the address, indicated by the customer in the order, as quickly as possible. Lesaro Silberdesign is at any time entitled to partial deliveries and partial performances provided these are reasonable for the customer. Provided that partial deliveries are carried out by Lesaro Silberdesign, Lesaro Silberdesign will cover the additional postage costs. (2) Details of the expected delivery period are non-committal, unless in the individual case of Lesaro Silberdesign assigning to an obligatory promise towards the customer in writing. § 4 Prices, maturity and payment (1) All given prices are in euro and contain the legal value added tax. Prices are valid at the time of ordering. Lesaro Silberdesign bills for postage costs separately. (2) The purchase price is due immediately and without discount at time of ordering. The payment of goods can be made by prepayment, direct debit or cash on delivery (C.O.D.). Payment by C.O.D is only available to shipping addresses within the Federal Republic of Germany. (3) In the case of non-payment or return of a debit note, the customer hereby authorizes irrevocably his bank to inform Lesaro Silberdesign of his names and his current address. Possible return debit note charges will be billed to the customer if he is resposible for such returns. Lesaro Silberdesign reserves the right of property until the receipt of all payments from the sales contract. The customer has to inform Lesaro Silberdesign immediatly in writing of all access of third parties, in particular of execution measures as well as other impairments of his property. The customer has to replace all damages and costs towards Lesaro Silberdesign which arises from a violation of this obligation and from required intervention measures against access of third parties. Should the customer behave in breach of contract agreement, particularly if the customer does not meet his financial obligation despite a reminder from Lesaro Silberdesign, Lesaro Silberdesign can step down from the contract after a previous adequate deadline and require the handing over of the product(s) being still within his property. A resignation of the contract is given through the withdrawal of the goods or distraint by Lesaro Silberdesign. The customer carries the transportation costs arising. Lesaro Silberdesign is authorized to the utilization of the product upon receipt. The utilization proceeds - less adequate utilization costs - are imputed on liabilities to the customer. § 6 Revocation instructions, revocation and right of return
§ 7 Liability for faulty goods / Guarantee
(1) Lesaro Silberdesign is unrestrictedly liable for damages caused deliberately or negligently, when cunningly hiding defects, by adoption of a composition guarantee as well as for bodily damages. The regulations of the product liability law remain unaffected. (2) Lesaro Silberdesign is only liable for other damages which are caused by a simple negligence provided that a duty is neglected, the compliance is for the attainment of the contract purpose of special importance (cardinal duty) and provided that the damages are typical and foreseeable due to the contractual use of the product. Liabilities for compensation beyond this, particularly for damages which have not arisen through the delivery items themselves, for escaped profit or other fortune damages are excluded. As far as the liability of Lesaro Silberdesign is excluded or restricted, this also applies to the personal adhesion of the employees, representatives and fulfilment assistants. § 9 Protection of data privacy (1) Elevation, processing and use of
person-related data. (2) Correction, inhibition and deletion of
person-related data. Contracts comprising this GTCT are subject to German law under exclusion of a possible further reference to a foreign law. UN Purchase Right is not applied. |