Thomas Weißenberger - AGB
General business conditions
Our business conditions don´t want
to put you at a disadvantage, we would like to make clarity in mutual interest
in all points which can be of importance at the granting and execution of your
order. Therefore read the following conditions so that no uncertainties or
missunderstandings can arise.
At payment of the invoice in DM the euro price has
to be multiplied by the official conversion rate of 1.95583. The result becomes
businessly roundet. The following applies to other currencies listed in the shop:
The conversation rates of the currencies are not actualized daily. So the given
price is only approximately. The invoice ammount is calculated at the typical
note rate +4% valid on the day of the calculation of the invoice.
IAll informations
given to the pictures are exclusively valid for these, except the note "picture
as example" is given. Please, also note that the colors of the pictures look different
on every monitor.
All prices valid as long as the
stock lasts. We don´t guarantee for the availability of the ordered items,
however try to get these for a same price in the same quality for
you.
Contract:
The sales contract takes place
by the purchase order of the customer and delivery of the product. Contracting
party of the customer is.:
Thomas Weißenberger
Eisenbahnstr. 6
79761 Waldshut-Tiengen
Delivery and payment conditions:
Our prices for customers within the
EU are inclusive of the legal value added tax of currently 16% plus postage,
packing and if necessary insurance. For customers outside the EU the value added
tax is deducted. At orders as of 500.00 euros securities must be done in the
form of bench securities or cash in advance. Other prices than indicated require
the written acknowledgment.
All payment expenses are for debits
of the customer. (Eurocheques aren´t accepted as of 1-1-2002 because of the
missing safety). We must pass the following charges on on the payment by
remittance from the foreign countries or by bank check to you:
| Bank check |
Up to
50,00 Euro |
More than
50,00 Euro |
Foreign currency |
| |
5,00 Euro |
1,5 ‰ min. 10,00 Euro
max. 150,00 Euro |
plus. 0,25 ‰
commission,
min. 1,00 Euro |
| Remittance |
Up to
150,00 Euro |
More than
150,00 Euro |
|
| |
5,00 Euro |
1,5 ‰ min. 10,00 Euro
plus 2,55 Euro |
|
Demanding payment expenses are
charged (3.00 euros at the second reminder or 6.00 euros at the third one) plus
default interest which corresponds to the bench moderate account current
interest rates at transgression of the payment term.
We reserve partial deliveries for us
and don´t entitle to the contract notice.
Within Germany we send the first
purchase order by cash on delivery, further purchase orders optional by invoice
or by cash on delivery. Within the EU and as of an invoice ammount of 20.00
euros, in principle, we send because of the transport insurance by cash on
delivery or as a package, outside the EU only toward pre-cash. The postage costs
are dependent on size, weight and invoice ammount of the shipment.
Auctions:
Auction prices are fixed prices plus
transportation costs, unless cash discount is granted no further discount.
Revocation-and right of return:
You can cancel your contract
explanation within 14 days without detail of reasons in text form for (e.g.
letter, fax, mail) by remand of the thing. The term starts at the earliest with
receipt of this instruction. The punctual dispatch of the revocation or the
thing suffices to the preservation of the revocation term. The revocation has to
be caused to:
Thomas Weißenberger
Edelsteinschmuck - Mineralien
Eisenbahnstr. 6
79761 Waldshut-Tiengen
Tel. & Fax: 07751-700908
E-Mail: schmuck@tw-mineralien.de
Revocation consequences
In case of an effective revocation both sides have to give back
what they´ve got. If you cannot give us back the whole received items or partial
or complete in deteriorated condition you must in this respect provide us a
value substitute. This doesn´t hold if the deterioration of the thing
exclusively would be led back to an examination as would have been approximately
possible in a store. You can avoid the value obligation to pay compensation in
the left by taking the thing not like an owner in use and refraining from
everything which whose value impairs. Package dispatch capable things have to be
returned. At a remand of a product delivery with an order value up to 40
Euros, you have to bear the costs of the remand, if the delivered product
corresponds to the ordered. The remand otherwise is cost-free for you. The
return of not package dispatch capable things requires a previous arrangement
concerning dispatch, collection or the like.
Customer service/claims of the customer
Please, consult us at questions to our products and at claims by letter, fax,
telephone or eMail.
Guarantee and guarantee conditions
The legal guarantee rights are valid.
Sample consignments:
For resellers there is the possibility to
request sample consignments. Not desired items must be returned at us within 14
days. If this doesn´t happen, an invoice is prepared over all of the goods of
the sample consignment. Please, if a prolongation of the view time should be
wished, contact us.
All delivered goods remain up to the complete
payment complete with additional costs in our possession. The claim of payment
of the purchase price valid handed over to us at selling to a third party.
Commission:
There is no obligation for our part to include the offer
into our side.
The business is concluded between buyer and seller
directly. We´re not guaranteing for the quality and correctness of the details
of the offer, or for the reliability of the supplier or buyer.
This offer is free during an experimental phase. After
this a commission is lifted up in a height which is not fixed yet. The suppliers
are informed by eMail by an amendment of the conditions and have the possibility
to insert contradiction against the charges what will have the consequence that
the offers will be removed from the commission list.
I´m allowed to stop this service at any time without
giving details of the reasons. I can´t be made responsible for damages possibly
resulting from offering or selling via this service. We particularly point out
that we only get working as agent and don´t take on any liability for delivery
or payment.
This offer isn´t automated, therefore it can happen that
several prospective buyers report at the same time. For this reason we don´t
guarantee for an availability of the desired item. The award carried out after
this "first in first out"principle. Further prospective buyers become
stored on desire for the case that the business doesn´t take place.
Suppliers must register themselves at the latest after
introduction of charges with a full address with us. If several enquiries for an
offer come in, we recommend the seller prospective buyers who have registered
himself with address with us particularly.
Amendment of the General Business
Conditions (AGB):
Should the AGB have changed since the
purchase order, the purchase order is handled at the AGB valid at the time of
the purchase order unless the amendment arose due to a violation of existing law.
Place of performance for all arising on the right disputes is Waldshut for the
two parts.
With a purchase order you appreciate
our general business conditions. Side arrangements require the written
permission.
We offer resellers special prices
against trade proof.
End regulations:
The ineffectiveness of single regulations doesn´t touch the
effectiveness of the other general business conditions.
Valid are only the AGB written in german
language. This translation is only to see as a little ease. If there are
mistakes in the translation the german AGB will take place.
These AGB apply to purchase orders
as of 6-16-2004
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