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GENERAL TERMS AND CONDITIONS
of the company "23Labels", proprietor Anthony Rother, Berliner Straße 257, 63067 Offenbach
telephone 069/82993410, fax 069/82993412
As of April 2007
§ 1 SCOPE OF APPLICATION
(1) The company "23Labels" will conclude all contracts, make all deliveries and provide all services exclusively on the basis of the General Terms and Conditions mentioned hereinafter. The company will apply the version that was in effect when the order was made.
(2) Deviating regulations shall only be applied if this was confirmed in writing by "23Labels".
§ 2 CONCLUSION OF CONTRACT
(1) The offers provided on the internet sites of "23Labels" shall be considered as non-binding invitations that encourage the Customer to order goods.
(2) Goods can be ordered by filling out and sending back the online form on our website or via e-mail, fax, telephone or post. By making an order the Customer makes a binding offer for a contraction of a purchase contract. By making an order the Customer affirms that he is of age and of unlimited capacity to contract. “23Labels” is not obliged to accept the order made by the Customer. The confirmation of receipt of an order made by the Customer does not represent an acceptance of offer.
(3) “23Labels” will accept the offer by sending a confirmation of order or by sending the ordered goods to the Customer. The Customer will receive the confirmation of order via e-mail.
§ 3 PRICES
(1) All prices mentioned on our websites shall include the VAT rate effective at the date of the order and shall exclude costs for packaging and shipment.
(2) The costs for packaging and shipment within Germany (forwarding expenses) shall be calculated separately. The amount of the costs for packaging, shipment and insurance can be found on our website under the link “forwarding expenses” [Versandkosten].
(3) “23Labels” will charge the Customer a separate fee in case the order is made cash on delivery. The amount of these fees can also be found under the link “forwarding expenses”.
§ 4 TERMS OF PAYMENT/WITHDRAWAL CLAUSE
Payments shall either be made on delivery or per advance payment (Advance bank transfer).
§ 5 NOTICE OF REVOCATION
(1) Right of revocation
The Customer is entitled to revoke the contract within one month. It will not be necessary to give reasons. The revocation shall be made in writing (e.g. in form of a letter, fax or e-mail). The contract can also be revoked by sending back the goods. The period for revocation shall commence at the earliest with the receipt of this notice in writing. The deadline shall be considered as met if either the revocation or the goods are sent back in time. The revocation shall be sent to the following address:
“23Labels”, proprietor Anthony Rother, Berliner Straße 257, 63067 Offenbach
Fax 069/82993412
(2) Consequences of a revocation
In case of an effective revocation the services received by both parties shall be returned and in case benefits (e.g. interests) were obtained, the amount shall be reimbursed.
Should the Customer not be able to return the received services either as a whole or in part or should he only be able to return them in a worse condition, then the Customer can if applicable be obliged to pay for the damage caused by him. In case of the surrender of goods this does not apply if the worse condition of the goods can be attributed exclusively to their revision – as it might have been carried out in a shop. The Customer can avoid his duty to pay for damages by not using the goods as a proprietor and by desisting everything that might reduce the value of the goods.
Goods that can be sent back in a package shall be sent back so. Goods that cannot be sent back in a package will be collected at your house. The costs for the return shipment have to be borne by the Customer if the delivered goods correspond the ordered goods and if the price of the goods to be sent back does not exceed 40 euros or in case the price of the goods to be sent back does exceed 40 euros, but if the Customer has at the time of the revocation not as yet paid the entire amount or the part of the amount that has been agreed upon in the contract. In all other cases the return shipment shall be paid by “23Labels”.
Payments shall be reimbursed within 30 days as of the despatch of your declaration of revocation.
End of the notice of revocation.
§ 6 TERMS OF DELIVERY
(1) Delivery will be made to the address given by the Customer.
(2) In case the Customer chooses advance payment the goods will be reserved for him at the acceptance of the contract. The delivery of the goods will, however, only be effected once the correspondent amount has been transferred to the account of “23Labels”.
(3) In case the Customer chooses advance payment and the amount has not been transferred to the account of “23Labels” within ten work days, “23Labels” has the right to withdraw from the contract.
(4) All information made with regard to the delivery deadlines are non-binding unless the delivery date has exceptionally been confirmed in writing as being binding.
(5) Delivery will always be made while stocks last. Should the goods ordered by the Customer not be available, payments made by the Customer will be reimbursed forthwith. Claims raised by the Customer that exceed this regulation shall only be acknowledged in case of intent or gross negligence on behalf of “23Labels”.
(6) In case of a delay in delivery or in case the delivery is not possible, “23Labels” shall be held responsible. However, “23Labels” shall not be liable for damages if the damages caused by “23Labels” can not be attributed to intent or gross negligence.
§ 7 TRANSPORT DAMAGES
The Customer shall complain about transport damages immediately to the Supplier and shall notify “23Labels”. In case the packaging is evidently damaged the Customer shall not accept the goods for reasons of conservation of evidence.
§ 8 RESERVATION OF PROPERTY
(1) The ordered goods shall remain property of “23Labels” until the due amount is fully paid.
(2) Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the expressive consent of “23Labels”.
§ 9 WARRANTY
(1) The claims that the Customer can raise against “23Labels” in the case of faults shall be in accordance with the legal provisions and shall be raised within the legal time-limit unless otherwise stated in provisions hereinafter. At present the statutory warranty period is two years.
(2) The Customer shall not be entitled to raise claims against “23Labels” for damages that arise during the mounting, connection, operation or storage of the goods if the damage was caused by improper treatment or treatment that was contrary to the terms of contract.
(3) If the Customer buys used goods the claims in the case of faults become barred by statute within one year from receipt of the goods.
(4) If the Customer is a businessman and purchases the goods for his business, his claims become barred by statute within one year from receipt of the goods.
§ 10 SET-OFF PROHIBITION
(1) The Customer is not entitled to set off his own claims against the payment claims of “23Labels” unless the claims raised by the Customer are indisputable or have been established legally.
(2) The Customer is not entitled to dispute payment claims of “23Labels” pursuant to the rights on reservation or even in the case of defects unless they result from the same contractual relationship.
§ 11 DATA PROTECTION
Data are processed pursuant to the effective Bundesdatenschutzgesetz (BDSG) [Federal Data Protection Law] and the Telemediengesetz (TMG) [Telemedia Act]. We also refer to the notes on the protection of data, which you can access separately on our website.
§ 12 INEFFECTIVE PROVISIONS, COURT OF JURISDICTION
(1) Should individual provisions of the General Terms and Conditions be or become ineffective, then this does not affect the validity of the other provisions. The ineffective provisions shall be replaced by provisions that serve the economic purpose in the best possible way.
(2) Is the Customer a businessman, a legal person under public law or a special property under public law, then the exclusive court of jurisdiction for all disputes that arise directly or indirectly as a result from the contractual relationship is Offenbach am Main. The same applies if a Customer does not have a general court of jurisdiction in Germany, if a Customer has relocated his residence or his usual place of abode to another country after the contract was concluded or if his usual place of abode is not known at the point of time when the writ is entered.
§ 13 APPLICABLE LAW
All contracts shall be concluded and implemented in accordance with German Law. UN Sales Law shall not be applied.
Notice of revocation
Right of revocation
The Customer is entitled to revoke the contract within two weeks. It will not be necessary to give reasons. The revocation shall be made in writing (e.g. in form of a letter, fax or e-mail). The contract can also be revoked by sending back the goods. The period for revocation shall commence at the earliest with the receipt of this notice in writing. The deadline shall be considered as met if either the revocation or the goods are sent back in time. The revocation shall be sent to the following address:
“23Labels”, proprietor Anthony Rother, Berliner Straße 257, 63067 Offenbach
Fax 069/82993412
Consequences of revocation
In case of an effective revocation the services received by both parties shall be returned and in case benefits (e.g. interests) were obtained, the amount shall be reimbursed.
Should the Customer not be able to return the received services either as a whole or in part or should he only be able to return them in a worse condition, then the Customer can if applicable be obliged to pay for the damage caused by him. In case of the surrender of goods this does not apply if the worse condition of the goods can be attributed exclusively to their revision – as it might have been carried out in a shop. The Customer can avoid his duty to pay for damages by not using the goods as a proprietor and by desisting everything that might reduce the value of the goods.
Goods that can be sent back in a package shall be sent back so. Goods that cannot be sent back in a package will be collected at your house. The costs for the return shipment have to be born by the Customer if the delivered goods correspond the ordered goods and if the price of the goods to be sent back does not exceed 40 euros or in case the price of the goods to be sent back does exceed 40 euros, but if the Customer has at the time of the revocation not as yet paid the entire amount or the part of the amount that has been agreed upon in the contract. In all other cases the return shipment shall be paid by “23Labels”.
Payments shall be reimbursed within 30 days as of the despatch of your declaration of revocation.
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