General Terms and Conditions of Sale of Arendicom GmbH

I. Scope of application, diverging terms and conditions of business

All our deliveries and services are governed exclusively by the General Terms and Conditions of Sale set out below (“GTC“). Any customer general terms and conditions of business conflicting with or diverging from these GTC shall not be accepted unless expressly accepted by us in writing in a particular case.

II. Offers, effective contract

1. Unless agreed otherwise our offers remain subject to change and nonbinding, especially in view of prices and delivery periods.

2. In ordering the desired goods via the internet by selecting and submitting the information to be completed in the ordering mask, the customer makes a binding offer for the conclusion of a purchase contract with us. The customer remains bound to his order for seven days, starting from the submission of the order.

3. We will confirm receipt of an order to the customer via email without delay (“Order Confirmation”). Unless expressly stated otherwise, the Order Confirmation does not constitute our acceptance of the offer but only serves to inform customers that their orders have been received.

4. A purchase contract with us becomes effective only if we accept the order by another written notice to the customer (e.g. letter, fax, email) or by delivering the goods ordered.

III. REVOCATION ADVISORY

1. Right of revocation: The customer has the right to revoke his declaration of contract within two weeks in writing (e.g. letter, fax, email) without having to state any reasons, or by returning the goods. The period for revocation starts on receipt of this advisory in written form, but not before the receipt of the goods by the customer or by the recipient designated by the customer, nor before the fulfilment of our information duties under Sec. 312 c (2) BGB in conjunction with Sec. 1 (1) and (4) BGB-Info-Verordnung as well as of our duties under Sec. 312 e (1) sentence 1 BGB in conjunction with Sec. 3 BGB-Info-Verordnung. The timely dispatch of the notice of revocation or of the goods shall be sufficient to comply with the period for revocation. The written notice of revocation shall be addressed to

Arendicom GmbH,
Beiselestraße 8,
D-82327 Tutzing,
Email: customer-service@arendicom.de,
Fax: +49 (0)180 3 17 11 11 17.

The revocation effected by returning the goods shall be addressed to the supplier commissioned by us to deliver the goods to the customer. We will notify the supplier’s name and address to the customer at the latest upon the conclusion of the contract according to sec. II.4 of these GTC.

2. Exclusion of the right of revocation: No right of revocation applies to deliveries of goods which are manufactured to the customer’s instructions or are clearly tailored to the customer’s personal requirements or, due to their quality, are not suitable to be returned, of audio or video recordings or software if the customer has opened or damaged (unsealed) the sealed packaging, and of newspapers, journals and magazines.

3. Consequences of revocation: In the event of an effective revocation all performances received by either party shall be returned, and any benefits derived (e.g. interest) shall be surrendered. If the goods have deteriorated, a compensation for the loss in value may be claimed unless the deterioration of the goods is due solely to their inspection – as it would have been possible for the customer for instance in a store. Other than that, the customer may avoid the duty to compensate a loss in value for a deterioration caused by the designated use of the goods, by refraining from using the goods as if they were his property and from any measures likely to impair their value.

Goods suitable for parcel shipment will be returned, at our risk, directly to the supplier commissioned by us to deliver the goods. The customer will bear the costs of the return if the goods delivered conform to the goods ordered and if the price of the returned goods does not exceed EUR 40 or if, in the event of a higher price, the customer has not yet paid the consideration or any contractually agreed partial payment at the time of the revocation. In all other cases returns shall be free of charge for the customer. Goods that are unsuitable for parcel shipment will be collected from the customer.

Obligations to refund any payments must be fulfilled within 30 days. For the customer, this time limit starts upon dispatch of the notice of revocation or of the goods, and for us, upon their receipt.

IV. Customer’s additional contractual right of return

1. Additionally to and independently of his statutory right of revocation, the customer may return the goods as a whole or individual items within 21 days of receipt by returning them to the supplier commissioned by us to deliver the goods.

The goods to be returned have to be in an unused, undamaged condition. Shrink-wrapped or sealed goods may only be returned if the shrink-wrap respectively the seal is undamaged. Further, no right of return applies to goods which are manufactured to the customer’s instructions or are clearly tailored to the customer’s personal requirements or, due to their quality, are not suitable to be returned.

2. Goods will be returned to our supplier at the customer’s expense and risk. We will notify the supplier’s name and address to the customer at the latest upon the conclusion of the contract. The customer may use our online return service for returns.

3. If the customer exercises the right of return as set out in sec. IV.1 of these GTC, we shall refund to the customer the purchase price paid for the returned goods. Shipping charges paid by the customer will not be refunded.

4. The foregoing provisions do not affect the customer’s statutory rights, in particular but not limited to the customer’s statutory right of revocation according to sec. III of these GTC, or any warranty claims.

V. Due date of the purchase price, terms of payment

1. The purchase price and any shipping charges incurred fall due upon the conclusion of the contract.

2. Payment will be made by credit card. We may, at our discretion, also accept other types of payment (e.g. by direct debit) from customers who have ordered with us before. The accepted types of payment will be notified to the customer in connection with his order.

VI. Delivery, failed delivery, force majeure

1. Unless agreed otherwise the delivery periods indicated by us are nonbinding.

2. If delivery to the customer fails for reasons for which the customer is responsible, especially because the customer cannot be reached at the specified shipping address although the date of delivery was announced with reasonable advance notice, the customer will bear the costs of the failed delivery.

3. Delays in delivery caused by force majeure or other circumstances on our or on our suppliers’ side, e.g. lawful strikes or lockouts, fire, war etc., which temporarily hinder us without any fault on our part or imputable to us from delivering the goods by the deadline agreed upon with or without commitment, will extend this deadline in accordance with the duration of the hindrance caused by these circumstances. If such hindrance prevents performance for more than four months, both parties can withdraw from the contract. If delivery and performance become permanently impossible or cannot be reasonably expected due to the above circumstances, we are definitely released of our duty of performance. We will refund any previously paid consideration without delay. This shall not affect any statutory rights of withdrawal.

VII. Reservation of title

The title to the goods delivered by us will not pass to the customer until all claims under the purchase contract have been fully paid.

VIII. Setoff

The customer may assert rights of setoff only on the basis of claims that are uncontested, ready for a decision or established by final enforceable judgment.

IX. Warranty

Claims based on defects in the delivered goods are governed by the statutory provisions, with the exception that claims for damages based on a defect are governed exclusively by sec. X. below.

X. Liability

1. We accept unlimited liability for damage caused by intent and gross negligence. In the event of a slightly negligent breach of a major obligation or of an accessory obligation whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper implementation of the contract and on whose fulfilment the customer could reasonably rely on (“essential accessory obligation”), our liability shall be limited to foreseeable damage characteristic for the contract. We will not be liable for a slightly negligent breach of contractual accessory obligations which are not essential accessory obligations.

2. Nothing in this shall prejudice the liability in the event of malicious concealment of defects or a guarantee as to quality, the liability for claims under the Product Liability Act and for claims based on injury to life, limb or health. This shall not entail a reversal of the burden of proof to the customer’s disadvantage.

XI. Use of data

The personal data of the customer required to process the order will be stored and treated confidential in compliance with the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetz, TMG) as well as other applicable statutory provisions. We will collect and use them solely for purposes of implementing the contract except where the customer has expressly consented to a further use. The customer may at any time revoke his consent to a further use of his personal data.

XII. Governing law, language of the purchase contract and the GTC

1. The purchase contract and all related legal disputes will be governed exclusively by German law with the exclusion of the UN Sales Convention.

2. German shall be the authoritative language of the purchase contract and these GTC. In the event that the purchase contract or these GTC should be made out in other languages or if a reading translation is made, the German language version shall be authoritative and binding in all respects and shall prevail in the case of inconsistencies between the German language version and the version in any other language.

XIII. About us

Arendicom GmbH, Beiselestraße 8, D-82327 Tutzing, local court of Munich, HRB 172073, managing director: Marcus Krehan begin_of_the_skype_highlighting     end_of_the_skype_highlighting begin_of_the_skype_highlighting     end_of_the_skype_highlighting.