Conditions of Use

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.

If the note "different sizes" or "different stones" appears in an offer, the price for different items can differ. All informations given to the pictures are exclusively valid for these, except the note "picture as example" is given. This applies especially to tumbled stones and rough minerals. Please, also note that the colors of the pictures look different on every monitor. Many of our items were manufactured by hand and can turn out different in size and form. We would like to emphasize that no stone is like the other one and some can appear in all colors. So if you purchase an order for e.g. Jasper, Tourmaline or other stones which can appear in different colours, please don´t forget to tell us the colour you´d like to have.

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
Edelsteinschmuck - Mineralien
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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