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ESL247 Online-Store by Call Travel Ltd NL Germany
General trading conditions that Call Travel Ltd NL Germany for the ESL247 Online-Store
We form here a translation of our AGB, from legal view are valid excluding our regulations in German language! The contract language is German!
For all prices distinguished in the Onlineshop is valid (PAngV): All prices understand themselves inclusive value added tax and plus forwarding expenses for final consumers of the European Union member states!
I. Area of application
The following conditions regulate the use of the ESL247 Online Store the call Travel Ltd. NL Germany by the customer.
For the payment of the Shopartikel over electronic Zahlungssysteme if necessary supplementing the general trading conditions of the offerers of these systems are valid, to which the customer already with his registration for the respective Zahlungssystem one refers.
II. Conditions for use and right of revocation RETURN Policy
For the use of all functionalities " ESL247 Online Store" it requires the registration of the customer. In addition the data necessary for the conclusion of the contract are such as name, address, to indicate email address etc. completely and truthfully. The authentication in the system is made by the indicated email address and a password. The password specifies each customer during the registration, this high-coded into the necessary data bases is directly registered. The use " ESL247 Online Store" only end customers are permitted.
The use is forbidden to commercial retailers, these turns please gladly to us, under the email for this made available address:secure(at)esl247.de. We manufacture as fast as possible the necessary contacts.
***BEGINNING OF THE RETURN POLICY***
Edited version BEGINNING
Information to the right of Return Policy and instruction:
Return Policy
They can as a consumer (Par. 13 BGB) Their contract explanation within one month without data of reasons in text form (e.g. Letter, fax, email) or by return of the goods recall. The period begins with receipt of the goods, however not before receipt of this instruction. For keeping the punctual sending off of the Widerrufserklärung or the punctual return of the thing meets the period.
The revocation is to address to the address, eMail_Adresse or Telefax-Nummer specified down. The right of revocation of the customer expires prematurely, if the ESL247 Online Store began with the out guidance of the achievement with the express agreement of the customer before end of the period of revocation or the customer arranged the execution of the achievement (i.e. by starting download).
The right of revocation does not exist with contracts for the supply of goods, which we made due to your specifications or which were cut to your personal needs clearly or which are not suitable for a return due to their condition.
Revocation sequences
To be given change in case of an effective revocation on both sides received achievements to be refunded and if necessary pulled uses (interest e.g. escaped) are. If you cannot return the received achievement totally or partly or only in worsened condition, then you are to that extent obligated to the indemnification according to value. That is not valid, if the degradation exclusive by the examination of the thing - as it would be possible for you for example in a Ladengeschäft - is caused. In all other respects you can avoid the indemnification according to value, by using the thing not like an owner and omitting everything, which impairs their value. They have to bear the cost of the return, if the supplied commodity corresponds to the ordered and if the price of the commodity which can be sent back does not exceed an amount of 40.00 euros. Otherwise the return for you is free. Things package-capable of being shipped are not fetched with you.
Edited version END
Additional explanations to the revocation and return right for physically available offer parts:
We grant an unrestricted legal return right to our customers. The return demand does not have to contain reason and has via return of the commodity within one month to take place; Return and cancelling take place at our expense, if the value of the order exceeds 40 euros. In period of one month begins after delivery of the explanation directed toward the conclusion of the business. The period does not begin however before the receipt of the commodity.
The goods (1.) or the cancelling demand (2.) are to send on:
Call Travel Ltd - NL Germany -
ESL247 Online-Shop
Flakenseestrasse 31
12587 Berlin / Germany
The return right exists in accordance with Par. 312 D BGB not with remote sale contracts
- to the supply of goods, which are made after Kundenspezifikation or clearly are cut to the personal needs or which are not suitable for a return due to their condition or fast to spoil to be able or their expiration date was exceeded,
- to the supply of audio or video recordings or of software, if the supplied data media were unsealed of the consumer,
- to the supply of newspapers, magazines and pictorials or
- to the contribution of and lottery services.
Power the customer of its return right use, he has the commodity (original resembled packed and) completely (with operating instructions etc.) to the above mentioned address to send back. One points out that for goods, which exhibit traces of the putting into use replacement for the entered degradation is required. The customer can avoid this, by taking the commodity only to test and test purposes out of the packing, it however yet in use does not take, before he decides to a possible return.
Berlin, den 01. November 2008
Call Travel Ltd - NL Germany -
ESL247 Online-Shop
Flakenseestrasse 31
12587 Berlin / Germany
for further questions to our return explanation you use yourselves please:
Tel.: +49 (0)30 55 125 925
Fax.: +49 (0)30 64 823 084
eMail: rueckgabe(at)esl247.de
Our general trading conditions and our explanations to the revocation and return right do not have to accept you during the order procedure compellingly by action, without this acceptance can an order be accomplished for your part.
***END OF THE RETURN POLICY***
III. Acquisition of goods
Contract conclusion
The offers in " ESL247 Online Store" to exclude (in order inadvertent price markings are noncommittal). The conclusion of a contract between the buyer and ESL247 Online Store comes off in the following way: The buyer can from the offer " ESL247 Online Store" select at will and articles for its Warenkorb add. It can change or this totally or partly empty contents of its Warenkorbes. We are entitled to accept the contract offer lying in the order within one week. The acceptance can be explained by the distribution of the commodity or the contribution of the service or by the fact that we the buyer in separate way, thus additionally to the automatically generated enamels (order confirmations, email acknowledgements of receipt etc.), explicitly the acceptance of its order to confirm. With the acceptance the contract came.
IV. Handling the password, use by unauthorized third
The password (and - as far as possible - the email address used during the registration) is to be kept secret (it is) to protect and from the customer to change immediately against the access third, if this has assumed or cause for the acceptance that unauthorized third of this knowledge attained. The password is to be changed for safety reasons in regular intervals from the customer to. Repay, those by unauthorized use of Websites " ESL247 Online Store" or Websites the call Travel Ltd. developed, have the customer to pay, if and as far as he has to represent the unauthorized use, in particular if it the obligation imprisonment for debt designated under paragraph 1 injured. As far as possible, we meet precaution against unauthorized using of the respective customer account. In particular we supply after possibility only after complete receipt of payment, so that the customer can react usually in time to mentioned above assumptions.
With the acquisition of goods in the payment variant by assets the email address indicated by it becomes related the notification of the customer. If the customer proceeds from security doubt, we have for this separate email an address under: data protection (RK) esl247.de furnished. So far technically possible and available this email address in short intervals is however constantly queried or. Also we guess to take up during the office hours, immediate, telephone contact.
V. Blockage of the customer
The ESL247 Online Store can close a customer, if concrete reference points exist that the customer offended against these general trading conditions or if the ESL247 Online Store has an other justified interest in the blockage of a customer. As soon as the customer became closed, this may " ESL247 Online Store" no more use and do not register not again.
VI. Adhesion and restriction of guarantee
The ESL247 Online Store is responsible in each case unrestrictedly after the product liability law, for deliberate or roughly negligently caused damage, when bad cunning concealing of lack, as well as for damage from the injury of the life, the body or the health. With injury of substantial contract obligations (so-called cardinal obligations), which only on simple negligence is based, clings the ESL247 Online Store limited on substitution of the foreseeable, contract-typical damage. Except into in the sales the 1 and to 2 cases specified the ESL247 Online Store is not responsible for damage, which was caused by simple negligence. As far as the adhesion of the ESL247 Online Store is in accordance with the managing sales impossible or limited, this is valid also for the adhesion of their fulfilment and performing assistants. The call Travel Ltd. does not ensure that " ESL247 Online Store" to each time without interruption for order stands for the customer.
The right of the customer not to separate because of one of the call Travel Ltd. existing obligation injury which can be represented from the contract to is impossible. A desired and delivery date indicated in the order handling does not unfold legal effects, in particular guarantees we no explicit supply to this date. We strive - to guarantee we can do this in no case! (see also supply and shipping terms)
Extended non-liability
The call Travel Ltd. and all attached companies, institutions and Websites do not take over any adhesion for damage, which results from the system (the Internet site) or the offered files. All files are examined for viruses. The customer hereby one refers to examine among other things the files on viruses. A warranty for the security of the files cannot be given given. Downloading, the installation and the use of the files and programs under this side to be specified, take place on own danger! The operator does not take over guarantee or adhesion for any damage, damages or losses, which can develop. Explanation: Naturally of us all files are examined for viruses, in the meissten cases manufacture we the files on our systems themselves. To the distribution to the customer these files must be reproached on a physical data medium buffered and.
These data media are subject likewise 24 hours to control, however it is impossible after technical understanding never to 100% the fact that criminal persons provide appropriate entrances and exchanges and/or with viruses contaminates files among other things. We stop you therefore to protect their computers themselves and among other things to examine also all files after viruses - meisst this virus protection programs in genuine time already settle and during a Downloadvorganges. With our external left it acts around a subjective selection of references on other Internet sites. For contents of these sides the respective operators/author are responsible and liable. This side is responsible as contents offerers for own contents, which it holds ready to the use, after the general laws. Of these own contents cross references (left) are to be differentiated on contents held ready by other offerers.
For these strange contents this side is responsible only if of them (i.e. also of illegal and/or punishable contents) positive knowledge is present and it technically possible and reasonable is, whose use to prevent (Par.5 Abs.2 TDG). With left it acts however always around living person (dynamic) references. This side has strange contents with the first linkage thereupon it examines whether by it a possible civil or criminal responsibility is released. The contents offerer is not however obligated after the TDG to it, contents, to which he refers in his offer to constantly examine on changes which could again justify a responsibility. Only if it determines or is pointed out of others that a concrete offer, to which it made a left available releases civilian or criminal responsibility, will waive it the reference on this offer, as far as it this is technically possible and reasonable.
The technical possibility and reasonableness are not affected by the fact that also after prevention of the access from this side, from other servers the illegal or punishable offer can be accessed.
Still another word at the excellent prices:
We are naturally also not perfect, a fast input in the hecticness of the daily business, a data alignment between the different data bases, a data in-playing of a supplier etc.; wrong price markings cannot be excluded 100%ig. Therefore we ask you for understanding that we too " unsinnigen" And any requirements do not supply with to low prices for your part from these " unreasonable Preisen" not to develop and we your bid not to accept can.
For this the legal situation:
The Federal High Court decided now in its judgement of 26.01.2005 (file reference VIII ZR 79/04) that the buyer in this case does not have a requirement for supply. The salesman has the right, during a wrong price marking, the sales contract in accordance with Par. To contest 119 exp. 1 BGB because of mistake. This does not have the consequence that the sales contract is not finally considered as, the customer has a delivery requirement. The court justifies its applicable opinion with the fact that a mistake can be given in the sense of right also if this takes place automatically not only via a personal explanation of a contracting party, but via a software.
VII. References to strange rights (trademark laws u.s.w)
Please note that them as a customer, and as a solicitor on Internet sites, who " with; ESL247 Online Store" , excluding marks, mark and registered trade marks or logos of call Travel Ltd. or third are linked to use may, if and as far as a written agreement of us is present or third in addition. Note also that them no protected label names or names of competitors (e.g. " ixcom" and " intershop") for your advertisement to use may. This is valid in the same way for advertisement in enamels or comparable advertising measures. Further also the use of label names as synonym or user identification can offend against the rights of the owners, such use is legally permitted only with permission of the right owners! Please consider this also with entries into guest books, in forums, in product reviews or comparable listings. Offences lead here to the immediate notice of its account (user account). We will continue to load costs, which result to us from the offence, you.
During neglect you will be taken for requirements third in adhesion.
VIII. Conclusion clauses
It is valid excluding the right of the Federal Republic of Germany.
Own one and strange right:
No warning without previous contact!
If contents or the presentation of these sides strange right third or legal regulations should injure, then we ask around an appropriate message without cost note. The removal of one possibly from these sides outgoing patent right injury by patent right owners may not take place without our agreement.
We guarantee that the rightfully complained of passages are removed immediately, without from your side the engagement of a legal advice is necessary. Nevertheless of you without previous establishment of contact we will at full extent reject released costs and will submit counter suit if necessary because of injury of aforementioned regulations. Exclusive place of delivery for supply, achievement and payment is Berlin, if the customer entrepreneur i.S.v. Par. 14 BGB is. If the customer is a buyer, then exclusive (also more international) area of jurisdiction for all is itself from the contractual relation directly or indirectly resulted in disputes Berlin.
This is valid in case of of transnational contracts also for Nichtkaufleute. The call Travel Ltd. reserves itself the right to call also every other internationally responsible court.
IX. Environmental service
The topic environment and the receipt of healthy bases of life are very important to us. Together with our environmental management system we align our achievements also on the basis of ecological criteria.
Packing material
Our goal is it, only packing from recyclingable to use environmentalcompatible material. All packing materials, which are marked by the green point, can be again-used in the binary system.
Old equipment cancelling
As a result of the publication of the new „ElektroG “(law over the Inverkehrbringen, the cancelling and the environmentalfair disposal of electrical and electronics old devices) arise since 24.03.2006 new obligations for manufacturers, importers, municipalities and consumers.
Of course the call Travel Ltd. fulfills the requirements (registration, marking, cancelling obligation) from the ElektroG.
They as consumers may throw electrical and electronics devices, which would not like to use them any longer, to no more into the remainder garbage, but are obligated since 24.03.2006 to give these with the municipalities (ÖRE) to the separate collection. In addition you can use the free distribution offices depending upon municipality.
As the devices are characterized?
Electrical and electronics devices, which fall under the ElektroG, are characterized for this time by a crossed out domestic refuse ton and may not any longer over the remainder garbage, but must by the return at the responsible persons manufacturer and/or importer over the collecting points of the ÖRE (öffentl. - rechtl. - Disposal carriers) to be disposed of.
Which devices are concerned?
Radios, computers and other electrical and electronics devices like e.g., mobile phone, table-ware rinsing automat, razors, egg digester etc. - the ElektroG applies on most electrical appliances, which are operated under use of electric current or electromagnetic fields.
Which changes for the municipalities?
For the collection of the electrical and electronics old devices far remains responsible depending upon federal state law the municipalities, cities and districts. These one assigns to public-legal disposal carriers (ÖRE) as the task to receive old devices from private households.
After the legislation the cancelling is regular of electrical old devices over the local collecting points! For the trade the possibility „of the voluntary cancelling exists “, which we unfortunately does not offer can!
Further information to this topic experiences you also on the web pages
- www.stiftung-ear.de
- www.bmu.de
> ElektroG
> Information to the ElektroG Richtline
Battery regulation
Thus you make your contribution to environmental protection! Batteries may not be disposed of with the domestic refuse.
Final consumers are legally obligated to return all used batteries and Akkus e.g. with the public collecting points or, where batteries are sold. Batteries are marked by the indication (logo „trash cans) and by one of the chemical symbols:
Cd (= Batterie contains Cadmium),
Hg (= Batterie contains Quecksilber)
Pb (= Batterie contains Blei)
They cannot deliver your used up batteries and Akkus also in our branches.
EX: 01.11.2008 |
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