 Categories
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General Terms and Conditions of Business
§1 - General Information
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1.
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In respect to business relations of all types between the firm Internet
Retail Ltd. and its customers, the following General Terms and Conditions
of Business hold true in their legally valid versions, respectively.
Divergent conditions or general business practices of the customer have no
legal validity unless a written agreement has been negotiated elsewhere.
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2.
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All offers - whether they be transacted by telephone, Internet, e-mail
or in any other form - only become legally binding for the firm Internet
Retail Ltd. if they have been confirmed in writing, or if the goods have
been delivered and/or an invoice has been delivered.
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3.
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The firm Internet Retail Ltd. reserves the right to deny the promised
service subsequent to determining that the goods are no longer available,
both 1) after contractual settlement and 2) although a corresponding
hedging transaction has been concluded. In such a case, the customer will
be notified immediately. All reciprocations and considerations of any kind
provided by the customer beforehand will be reimbursed without delay. It
is then excluded that further legal claims be raised by the customer
against the firm Internet Retail Ltd..
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§2 - Delivery
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Delivery occurs at the customer's own risk. As soon as the goods have been
entrusted to a transportation company by the firm Internet Retail Ltd.,
the risk automatically transfers to the customer. This also holds true for
partial deliveries. The delivery is sent to the delivery address indicated
by the customer. The danger of accidental perishability or the accidental
ruination of the purchased goods - even in the event of a "sale to
destination" - first becomes the legal responsibility of the customer
after the goods have been delivered. The same holds in respect to the
delivery, should the customer receive the goods belatedly.
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2.
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All prices are in cash, including value-added tax/sales tax, as well as
other ensuing charges for packaging, handling and transportation.
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| 3.
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The goods should be examined immediately after delivery by the customer or
an authorized individual to detect any transportation damages. Detectible
transportation damages are to be reported without delay in written form.
Packaging damages are to be confirmed in written form by the
transportation company upon delivery.
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4.
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In general, any information concerning delivery dates is not legally
binding, unless a definite date of delivery has been set in writing.
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5.
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Claims for damages against the firm Internet Retail Ltd. arising from
non-fulfilment of contract or delay are excluded to the extent neither
premeditation nor gross negligence can be established.
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§3 - Rights of Refund
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1.
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The customer has the possibility to return all articles from our current
assortment without reason and within 30 days, and thus, to make use of our
"money back guarantee". This only holds true for sales contracts under
delivery conditions or (telecommunications) internet sales. The goods must
be returned to the firm Internet Retail Ltd. in orderly condition, without
signs of wear and exempted from all third party claims. Punctual return is
sufficient in order to satisfy legal deadlines.
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| 2.
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Rights of refund exist when ordering media packaged in transparent film or sealed
media such as CDs, audio cassettes, videos, DVDs, as well as newspapers
and software, only when the respective goods have been returned in the
original sealed packaging or with an undamaged seal.
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| 3.
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Rights of refund can only be exercised through the return of the goods, unless it
is not possible to send the goods as a package. The refund deadline begins
with the reception of the delivery by the customer.
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4.
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Rights
of return are to be considered forfeited if the goods have been
manufactured according to the order of the customer.
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5.
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Should the customer make use of refund rights, the firm Internet Retail
Ltd. has the right to demand an appropriate compensatory payment for the
period of time during which the goods remained in possession of the
customer.
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6.
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Furthermore, customers exercising their rights of refund must compensate
the firm Internet Retail Ltd. for any diminishment in value or for the
complete value of the goods, to the extent the customer was not able to
return the goods in orderly condition, as the customer is responsible for
the ruination, perishability or other deficiency of the delivered wares.
This does not hold true in respect to the ruination of goods whose damaged condition was caused
exclusively by a standard examination, as would have been possible in a
normal shop. Moreover, the duty of value compensation can be avoided by
not making use of the article as the proper owner would, and by refraining
from any acitivity which would reduce the value of the article.
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| 7.
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The returned goods are to be sent to:
Internet Retail Ltd.
11 Church Road
Great Bookham
Surrey
KT23 3PB
U.K.
Internet Retail Ltd. is not liable to return any shipping costs to customers outside of the U.K.
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§4 - Warranties and Claims for Damages
| 1.
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Defects or other damages owing to faulty or inappropriate handling,
unsuitable packaging or shipment, the use of inappropriate accessories or
an alteration of the original components by the customer or by a third
party not authorized by the firm Internet Retail Ltd., are not protected
by warranty.
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| 2.
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Naturally
occurring signs of wear are equally excluded from warranty protection.
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| 3. |
Should the customer accept the goods or commissioned wares despite prior
knowledge of deficiencies, warranty rights only exist to the extent
described below, if the customer reserves these rights expressly and in
written form directly after having received the delivery.
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4.
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Warranty claims arising from transportation damages may only be enforced by the
customer if the formalities in accordance with § 2, numeral 3 have been
fulfilled.
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5.
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The warranty period extends to 24 months for new articles. The
period begins subsequent to the passage of risk in accordance with U.K.
Law. The warranty period extends to 12 months for used articles.
If the customer is a "businessman, businesswoman or entrepreneur" the
warranty period for new articles extends to 12 months and to six months
for used articles following the passage of risk.
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| 6.
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Otherwise, warranty formalities are carried out in congruence with the
usual legal regulations.
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| 7.
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The firm Internet Retail Ltd. is liable for damages arising from other
causes than the detriment to life, body and health only to the extent
these have their basis in a premeditated act, gross negligence or the
culpable violation of a fundamental contractual obligation on the part of
the firm Internet Retail Ltd. or its legal proxies (e.g. its delivery
service partners). Liability for
compensation claims above and beyond this are excluded. The legal
stipulations of German product liability laws have no application in such
cases. Should
a fundamental contractual obligation indeed be violated in a negligent
manner, the liability of the firm Internet Retail Ltd. is limited to
foreseeable damages alone.
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§5 - Three-Year Internet Retail Ltd. Guarantee
In addition to warranty services prescribed by law, the firm Internet Retail Ltd.
also provides a three-year guarantee defined by the following regulations:
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| 1.
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The firm Internet Retail Ltd. provides a guarantee for all damages arising
during the guarantee period, provided that such damages were caused by a
material deficiency or manufacturing error.
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2. |
Excluded from the guarantee are:
- products with defects arising from normal usage or from other effects of
wear caused by the latter, as well as
- product defects caused by insufficient attention to the technical
instructions for use, by the inappropriate use of the article, or due to
atypical environmental conditions, operating conditions foreign and
inappropriate to the article, excessive implementation of the article,
inadequate maintenance or insufficient care;
- product defects caused by the utilization of accessories, supplementary
or replacement parts which are not original components of the article;
- products which have themselves been altered or supplemented as a whole;
- minor deviations from the normal state of the purchased article which
are not significant in respect to the value or utility of the article;
In the event the firm Internet Retail Ltd. is able to substantiate greater
damages caused by delay, the firm reserves the right to raise
corresponding legal claims.
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3.
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Product defects which should receive guarantee protection - as
determined by the firm Internet Retail Ltd.. - are to be corrected in the
following way: The defective article will either be repaired free of
charge as decided by the firm Internet Retail Ltd., or the defective
article will be replaced by a fully functional equivalent (in some cases a
later version). Products and product parts which have been replaced become
the property of the firm Internet Retail Ltd..
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4.
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Guarantee claims must be raised within the official guarantee period. For
this purpose, the product in question should be returned to the firm
Internet Retail Ltd. with the original invoice.
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| 5.
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Claims other than those named in these guarantee conditions - concerning the
correction or compensation of product defects - are not covered by this
guarantee.
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6.
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The provision of guarantee services neither prolongs nor renews the guarantee
period for the article in question.
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§6 - Due Dates and Payment Conditions
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1.
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Invoices sent by the firm Internet Retail Ltd. - as long as no
agreements of a divergent nature have been set in writing - are to be
paid in full without delay.
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2.
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Should the customer be in arrears in respect to paying the designated
purchase price, interest is to be paid on the sum of the purchase price at
a value of five percentage points above the standard U.K. interest rate for
the period of delinquency. In the event the firm
Internet Retail Ltd. is in a position to substantiate greater damages
caused by delay, the firm reserves the right to raise corresponding legal
claims.
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§7 - Reservation of Ownership
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1.
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Until all payment responsibilities have been fulfilled by the customer,
including all subsidiary obligations which may have arisen, the delivered
goods remain the legal property of the firm Internet Retail Ltd.. In
respect to contracts negotiated with consumers, the firm Internet Retail
Ltd. reserves its right of property until the full remittance of the
purchase price.
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2.
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The customer is not authorized to tender the goods to third parties until
the purchase price has been paid in full, or to take any other measures
which would endanger the property of the firm Internet Retail Ltd..
Already now, the customer has relinquished his/her future claims in
deference to the acquiring party at the amount of the purchase price
negotiated between the firm Internet Retail Ltd. and the customer,
including interest and any subsidiary demands to be brought against the
firm Internet Retail Ltd.. The firm Internet Retail Ltd. accepts this
relinquishment of rights.
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§8 - Place of Execution and Place of Jurisdiction
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1.
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Legal jurisidiction is exercised by the United Kingdom exclusively.
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2.
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The place of execution for all services and products negotiated in
business transactions with the firm Internet Retail Ltd. is
Surrey U.K. i.e. to the extent the customer is a businessman or businesswoman, dealer,
legal person from the public sector or special property of the public
sector.
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3.
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The exclusive place of jusrisdiction for any legal proceeedings against
the firm Internet Retail Ltd. is Surrey United Kingdom The same holds true for legal action taken by the firm Internet Retail
Ltd. against its customers, i.e. to the extent the customer is a
businessman or businesswoman, dealer, legal person from the public sector
or special property of the public sector.
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§9 - Final Clause
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Should
any of these individual contractual conditions - for which reasons
whatsoever - not be legally enforceable, this does not mitigate the
legal validity of the remaining agreements in any way.
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Shipping $ 0.00
Total $ 0.00
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