Conditions of Use

GENERAL TERMS AND CONDITIONS
m-cramer Satellitenservices

 

§ 1 General - Field of application

The following general terms and conditions regulate the contractual relationship between m-cramer Satellitenservices and consumers and contractors who make use of the internet offers of m-cramer Satellitenservices (hereinafter called customer). The general terms and conditions as amended apply to the use of the website www.m-cramer-shop.de and all subdomains belonging to this domain. The contractual language is English

 

§ 2 Contract conclusion

 (1) Internet offers by m-cramer Satellitenservices are a non-binding call to the customer to order goods at m-cramer-Satellitenservices.

 (2) By ordering the intended object of purchase over the internet, the customer submits a binding offer for the conclusion of a contract of sale.

 (3) m-cramer Satellitenservices is entitled to accept this offer within 2 days, by sending an order confirmation. The order confirmation will be sent by email. The offer is void, after the period of time referred to above has expired.

 

§ 3 Payment, Payment date, Delayed payment

 (1) Payment for goods must be made in advance, cash on delivery or via PayPal. Cash on delivery is only possible by shipping within Germany. We reserve the right to accept or exclude certain payment methods in individual cases.

 (2) With payment in advance or via PayPal, the customer commits to pay the purchase price after contract conclusion. In the case of cash on delivery the customer is obliged to pay the full amount immediately upon receipt of the ordered goods. In the case of an arrangement to pay on reception of an invoice, the customer is committed to pay the required sum within 14 days of receiving the ordered items.

 (3) In case of delayed payment, the customer is liable for any default. He is also liable for a defect in case of accidents, unless the defect would also have occurred in the case of punctual payment.

 (4) The purchasing price will be interest-bearing over the period of delayed payment. The interest rate for the year amounts to five percentage points above the base lending rate.

 (5) The assertion of further damage claims remains inviolate.

 

§ 4 Delivery

 (1) The delivery is carried out by sending the object of purchase to the address specified by the customer. As far as delivery against advance payment has been agreed upon, the delivery time amounts to 7 working days upon receipt of the purchase price. Otherwise, the delivery time amounts to 7 working days upon sending of the confirmation order.

 (2) The delivery takes place against the indicated packaging and shipping charges. In case of international shipping, the rate for shipping and handling will be charged by weight ad size, unless otherwise stated. In case the customer requires a special case of shipment which results in higher costs, the customer will have to pay for these additional charges.

 

§ 5 Reservation of title

 The object of purchase remains the property of m-cramer Satellitenservices until full payment has been made. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of m-cramer-Satellitenservices.

 

§ 6 Prices

The price for the object of purchase in the respective offer is a final price, including the recent VAT. The price does not include costs of handling and shipping.

 

§ 7 Rescission

 (1) m-cramer Satellitenservices is entitled to rescind the contract with respect to partially outstanding payment or delivery, if the customer has made false statements about his credit status, or if objective reasons considering the customer's illiquidity have emerged - e.g. the opening of an insolvency proceeding of the customer's estate, or the dismissal of such proceeding for lack of cost-effective estate. Before rescission, the customer is granted the option of depositing a down payment or providing a security.

 (2) Irrespective of possible indemnity claims, partial performances already made are to be billed and paid for according to contract in case of a partial rescission.

 

§ 8 Warranty

 (1) m-cramer Satellitenservices guarantees that the object of purchase will be free of defects upon delivery. In case a material defect occurs within 6 months after delivery, it is assumed that the said defect already occurred at the time of delivery, unless this assumption is inconsistent with the object of purchase or the defect. In case the material defect occurs after the expiration of six months, the customer must provide evidence that the defect already occurred at the time of delivery.

 (2) In case the object of purchase is defective upon delivery, the customer may choose between subsequent fulfillment through repair, or the delivery of a replacement. m-cramer Satellitenservices is entitled to refuse the chosen subsequent fulfillment, if it brings about excessive expenses and if the other subsequent fulfillment does not cause any substantial disadvantages for the customer.

 (3) If subsequent fulfillment fails, the customer can demand an abatement of the purchase price or the cancellation of the contract (rescission), as well as compensation. The customer is not entitled to rescind from the contract in case of minor defects.

 (4) In case m-cramer Satellitenservices delivers a replacement to subsequently fulfill a defect-free item of purchase, m-cramer Satellitenservices is entitled to demand a return of the defect item from the customer.

 (5) The customer's damage claims prescribe after two years, in case of used items after one year. The one-year prescription does not apply for indemnity claims.

 (6) Defects that have been caused by the customer through improper, or contrary to contract use, during installation, connection, appliance or storage, do not justify any claim against m-cramer Satellitenservices.

 

§ 9 Limitation of liability

 (1) Besides claims for damages which relate to health effects, human injury or loss of life, m-cramer-Satellitenservices is only liable for damages charged with intentional or grossly negligent conduct, or culpable violation of a principle contractual obligation by m-cramer-Satellitenservices or its auxiliary partners. Principle contractual obligations are obligations which fulfil the adequate and orderly implementation of the contract, which the customer may continuously rely on. Any further liabilities for damages are excluded. Claims concerning warranties, given by m-cramer Satellitenservices, on the condition of the object of purchase and the Product Liability Act, remain unaffected hereby.

(2) At the present time, an error free and/or constantly available data communication over the internet, cannot be guaranteed. m-cramer Satellitenservices is therefore not liable for the availability of its internet presentations at any time.

 

§ 10 Choice of law, Jurisdiction

 All disputes from this legal relationship are governed by the law of the Federal Republic of Germany. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in. The United Nations Conventions on Contracts for the International Sale of Goods (CISG) do not apply.

 

§ 11 Severability clause

If any provisions of these general terms and conditions are or become invalid or unenforceable, this will not effect the validity of the other provisions, unless the elimination of individual provisions discriminates either contract party, to such an unacceptable extent that the adherence to the contract becomes unacceptable.

 

 

 
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