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General Terms and Conditions for the Online-Shop of STOCK - B.I.G. GmbH under www.plasterer-discount.com (This is a free translation of the General Terms and Conditions. The German version is solely valid.)
1. Delivery
Shipment is generally made via DPD or any forwarding agent engaged by STOCK - B.I.G. GmbH. The customer will always be informed of freight costs prior to dispatch by mail or telephone.
It is the customer's responsibility to inform themselves of any taxes or additional costs or procedures involved with the importation of the goods purchased to their country.
2. Warranty
2.1. Used articles are sold under exclusion of any warranty provided that the purchaser is a commercial entity. In case of newly produced articles the warranty period is 1 year from transfer of risk, for consumers 2 years.
2.2. If the delivered article is faulty, STOCK - B.I.G. GmbH has the right to either repair the fault or to deliver a flawless article subject to the exclusion of any further warranty by the purchaser. Should the repair of faults or the replacement not prove successful, the customer has the right to demand a reduction in the price or a cancellation of the contract. In as far as STOCK - B.I.G. GmbH has given a warranty, liability does not include the risk of any consequential claims. Further claims, in particular for damages, are only paid in cases of gross negligence, physical injury, loss of life or impairment of health as well as a culpable breach of essential contractual duties and defects which have been withheld fraudulently or whose absence has been guaranteed. Any further liability for compensation is excluded. In particular, this is valid for claims for damages due to a pre-contractual or contractual breach as well as any delay or torts.
2.3. STOCK – B.I.G. GmbH does not assume any liability for delays in delivery due to Act of God or other circumstances beyond its control.
3. Caution of Revocation
3.1. The power of revocation is only valid for consumers in the sense of § 13 of The German Civil Code (BGB).
3.2. Caution of revocation / Power of revocation You are allowed to revoke the contract without specifying any reasons within a period of 2 weeks in written form (e.g. letter, fax, E-Mail) or by returning the article. This period starts on receipt of this caution at the earliest. In order to comply with the deadline it is sufficient to send notification or the article in good time. The revocation must be sent to the following address:
STOCK - B.I.G. GmbH, Bültbek 32 – 34, D-22962 Siek, Germany
Note: We do not accept any goods sent freight collect.
Consequences of a revocation: In case of an effective revocation the services received on both sides have to be refunded and – if necessary – derived benefits (e.g. utility advantage, interest) have to be reimbursed. If the services cannot be refunded completely or partly or only in a deteriorated state, the relevant value has to be refunded – if necessary. This is not valid for articles if the deterioration of the article can exclusively be detectd by examination – which would have been possible for you in a shop for instance. Furthermore, the duty to replace the value on your part can be avoided if the article is not used and you refrain from doing anything to lower the value of the article. Costs for the return have to be covered by your side if the delivered goods correspond to those ordered and if the value of the article to be returned does not exceed 40.00 euros, or if – in case of a higher price – you have not yet rendered a service in return or effected a contractually stipulated partial payment at the time of revocation. Otherwise the return is free of charge for you.
3.3 The power of revocation is not valid for orders for custom-built models or special procurement as per customer details or perishable goods.
4. Validity of prices:
The prices indicated in the Online-Shop are in euros and are gross prices, including the correspondingly valid, legal value added tax. Invoices for purchasers from abroad are made out in accordance with the correspondingly valid, legal regulations.
5. Payment:
Delivery of articles is generally only effected against pre-payment, cash-on-delivery or payment by credit card. No cash discount is given. Payments for orders against pre-payment must be remitted to the following account:
Bank Details: HypoVereinsbank AG Bank code: 200 300 00 Account no.: 621 924 687
Account Holder: plasterer-discount.com
IBAN:DE73200300000621924687 BIC: HYVEDEMM300
6. Reservation of Ownership
Ownership of the goods supplied by STOCK - B.I.G. GmbH, Bültbek 32 – 34, D-22962 Siek, Germany shall remain with STOCK - B.I.G. GmbH, Bültbek 32 – 34, D-22962 Siek, Germany and shall not pass to the customer until the agreed price for them, together with all other sums due from the Customer to STOCK - B.I.G. GmbH, Bültbek 32 – 34, D-22962 Siek, Germany, have been paid in full. As long as proprietary rights are reserved, the purchaser will be responsible for their safekeeping and is obliged to retain the goods in a proper and technically fully-operative state. Furthermore, he is obliged to bear the responsibility for any damage/loss/theft of the goods and to insure the goods sufficiently.
7. Changes
We explicitly reserve the right to make any technical changes aiming at an improvement in quality. Despite a careful preparation of all pictures and texts, any errors and omissions are to be excepted!
8. Data Protection
All customer data are used for the fulfilment of the purchasing contract subject to the relevant regulations of the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) and the Tele Service Data Protection Act (Teleservicedatenschutzgesetz (TDDSG)). The STOCK - B.I.G. GmbH has the right to pass the purchaser´s data on to other partners involved in the fulfilment of the purchasing contract in order to carry out their relevant services arising from that purchasing contract. For the purpose of credit rating and appraisal of creditworthiness address and credit data are transmitted to other service providers as well as, if necessary, to the German Society for the Securing of Loans (Schufa) or other commercial agencies. Furthermore, for own marketing purposes address and order data are gathered, processed and transmitted to third parties. This procedure is also carried out in line with legal regulations and with respect for your personal data.
NB: At any time, you are allowed to contradict or revoke your agreement for the usage, processing and transmission of your data by contacting STOCK - B.I.G. GmbH, Bültbek 32 – 34, D-22962 Siek, Germany. On receipt of your contradiction or revocation we will no longer use and process the relevant data for marketing purposes.
9. Exclusion of Liability for Links from Third Parties
Where STOCK - B.I.G. GmbH refers to other websites on the Internet by using links on its own website, the following is valid for all links: STOCK - B.I.G. GmbH explicitly states that it does not have any influence over the design and contents of the linked sites. Therefore, we hereby distance ourselves explicitly from all contents of all linked sites of third parties under www.plasterer-discount.com and do not accept any of the contents as our own. This explanation is valid for all links on our website and for all contents of sites to which these links lead.
10. Others/Choice of Law/Place of Jurisdiction
10.1 Should any clause of these General Terms and Conditions be ineffective for any reason, the application of the remaining clauses remains valid. The contracting parties are obliged to complete incomplete elements of the contract by those corresponding to the intended contract content in an economically and legally admissiable way or a nearly comparable one.
10.2 The German law is valid.
10.3 The place of jurisdiction is Ahrensburg – as far as admissible. Place of performance is Ahrensburg.
10.4 Language of contract is German.
11. Details of Provider
STOCK - B.I.G. GmbH General Manager: Jörn Stock Bültbek 32 – 34, D-22962 Siek, Germany Telephone: 04107/901-115 Telefax: 04107/901-116 E-Mail: info@plasterer-discount.com
Commercial Register Magistrates Court Lübeck HR B 472/AH
Sales tax identification no.: DE 811852909 Tax no.: 3029305928
Local Tax Office Stormarn
Contact Person: Ullrich Stock E-Mail: info@plasterer-discount.com
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