§ 1 S C O P E / C U S T O M E R I N F O R M A T I O N
The following general terms and conditions regulate the contractual relationship between
Owner: Danijela Brdar
Paul-Heyse-Str. 25, 80336 München, Germany
Tel: ++49 (0)173 4651429
(hereinafter called DANNY DELUXE) and consumers and contractors who make use of the internet offers of DANNY DELUXE (hereinafter called customer).
§ 2 C O N C L U S I O N O F A C O N T R A C T
The offers made by DANNY DELUXE via Internet are non-binding invitations to the customer to order products from DANNY DELUXE. After inputting your personal information and by clicking the button Confirm in the final step of the order process, you are submitting a binding order of the goods contained in the shopping cart. We have the right to accept your offer within 3 days of receipt of your offer and you receive an order confirmation by e-mail. At the end of the 3-day term the offer counts as rejected.
§ 3 C U S T O M E R I N F O R M A T I O N: STORAGE OF OFFER
The text of the contract including your order will be stored by us. They have over the Internet can not access the text of the contract.
§ 4 C U S T O M E R I N F O R M A T I O N: HINTS FOR CORRECTIONS
Customers can view and change data anytime before sending the order.
§ 5 R I G H T O F R E V O C A T I O N
Customers may revoke their declaration to engage in a contract in text form (e.g. letter, fax or e-mail) or return the goods inside of two weeks without specifying the reasons for doing so. The restricted period of 14 days commences the moment this information has been communicated in text form, yet not before the day of receipt of the consignment of goods by the Customer and also not before fulfilment of the entrepreneurial obligations to disclose information according to Section 312 c (2) BGB [German Civil Code] in connection with Section 1 (1, 2 and 4) BGB-InfoV as well as the entrepreneurial duties according to Section 312 e (1, clause 1) BGB [German Civil Code] in connection with Section 3 BGB-InfoV. In calculating the said period of time, the day on which the directions concerning rights of revocation were notified in text form and the day the Customer receives the delivery of goods and the day of fulfilling the duties to inform do not count. The period of time within which the Agreement may be revoked is considered adequately complied with if the revocation or the goods themselves are despatched on time.
The notice of revocation is to be addressed to:
§ 6 C O N S E Q U E N C E S O F R E V O C A T I O N
In the event the revocation is effective, the reciprocally received services will be returned and where necessary any benefits derived (e.g. interest) handed over. Should the Customers be unable in whole or in part to return the service received or only in a deteriorated state, the Customers will provide compensation. Furthermore, the duty to provide compensation for the event the Customers are unable in whole or in part to return the service received or only in a deteriorated state, will not apply to sold items if said deterioration of the item is solely attributable to its examination, as might occur, for example, at a retail outlet. The consumers may moreover avoid such liability of indemnication if they refrain from using the goods as if they owned them and further refrain from any action that would diminish the value of the goods. Items that can be despatched by parcel will be returned at the risk of DANNY DELUXE, items that cannot be sent by parcel will be collected from the Customers. The Customers will pay the costs of the return consignment if the goods delivered were those ordered and if the price of the item to be returned does not exceed an amount of EUR 40.00 or, with a more expensive item, if the Customers have not yet provided a counterservice or a contractually agreed part-payment at the time the Agreement is revoked. Otherwise the return despatch will be free of charge for the Customers. Obligations to the refund of payments must be met within 30 days, with regard to the refund obligation of DANNY DELUXE the period starts with receipt of the notice of revocation or in the case of return with receipt of the items.
§ 6.1 E X C L U S I O N S O F R E V O C A T I O N
The right of revocation as defined in Section 312 d (4, no. 1) BGB [German Civil Code] is not given with agreements governing a delivery of goods, which were manufactured according to customer specification or to satisfy specific personal requirements or the nature of which does not allow for their return or which can spoil quickly or where the expiry date has already lapsed, the right of revocation as defined in Section 312 d (4, no. 2) BGB [German Civil Code] is not given with agreements governing a delivery of audio or video recordings or of software, when the seal of the data medium has been broken by the Customer, the right of revocation as defined in Section 312 d (4, no. 3) BGB [German Civil Code] is not given with agreements governing a delivery of newspapers, journals and illustrated magazines, unless the Customer has given the contract statement by telephone.
End of Right of Revocation
§ 7 R E T U R N S
If the customer uses the right of cancellation under paragraph 6 of the Conditions:
The customer is responsible for bearing return shipping costs when the product delivered by the seller complies with the customer's order, when the price of the item to be returned does not exceed a value of 40 Euros, or, in case of a higher value, if the customer has not provided the payment or a partial payment in accordance with the closed contract at the time of the cancellation.
Regular costs in this sense alone, the cost of ordinary package shipment. Any additional costs incurred by the dispatch to a different place to our office at the time of your order or through the intervention of a pick-up service, you do not have to bear.
§ 8 T I T L E R E T E N T I O N
The purchased watch remains the property of DANNY DELUXE until the full purchase price has been settled.
§ 9 L I M I T A T I O N A N Y W A R R A N T Y
The warranty period for used merchandise for consumer customers shall be one year after delivery of the merchandise. Exceptions to this rule, compensation claims, claims for defects that we withheld, and claims from a guarantee we have applied to the condition of the item. For these excluded claims, the statutory limitation periods.
§ 10 L I A B I L I T Y L I M I T A T I O N S
All liability on our part for breach of duties arising from minor negligence shall be barred except where material contractual duties, damage or injury to life, limb or health, guarantees or claims under the Product Liability Act are concerned. The same shall also apply to breaches of duty committed on the part of our legal representatives and vicarious agents. The contractual obligations include, in particular the obligation to hand over the item and get you to the property in it. All deliveries/services are to be provided to us free of material and legal defects.
§ 11 P L A C E O F J U R I S D I C T I O N
If the purchaser is a registered trader under the terms of the German Commercial Code (HGB) or a legal entity, exclusive jurisdiction over all disputes arising directly or indirectly from this contractual relationship corresponds to the courts of law of the city of Munich (Germany).
As of 11. June 2010