the version dated 11.06.2010
All deliveries and services arising from legal transactions conducted between you and us shall be performed on the basis of the exclusive validity of these General Terms and Conditions (herein after referred to as "GTC") in the version respectively valid upon contract conclusion.
1. Exclusive validity of the GTCs, validity of other provisionsOur GTCs are valid for legal transactions conducted between us and companies / commercial customers as well as with private individuals as end consumers, unless a differentiation between consumers and customers is made in the respective clause. Any conflicting business terms on your part are not valid unless we have explicitly approved them in writing. For orders placed in our online shop, the general terms and conditions extended therein shall apply.
2. Subject matter of the contractThe exclusive subject matter of the contract is the sold product providing the characteristics and features contained in our product description. Illustrations on our website or in catalogues do not represent any kind of legal binding offer but serve the purpose of being general non-binding product information in a purely visual representation and do not claim to be complete.
3. Offers / conclusion of the contract3.1 Our offers are always subject to change and non-binding. To conclude the contract, we shall make the German and English versions of the contract available for you.
3.2 Submitting your order to us is considered a binding offer to conclude the contract. You shall be bound to this order for a period of 2 weeks.
3.3 For orders placed via our web shop you as a customer agree by clicking the button "send order" bindingly towards us to be willing to buy the articles in the shopping cart, considering our GTCs. You will receive a confirmation of order receipt by email. We will point out possible errors in the details on the range on the website to you separately and make you a corresponding counter offer. You will recognise any type errors you make on the concluding confirmation before checkout and will be able to correct the errors at any time with the aid of the delete or change function before sending the order. The contract between you and our company is concluded when the goods ordered are delivered to you within 14 days after receipt of your order, not by receipt of the confirmation for the incoming order which is sent to you automatically. You therefore renounce that we separately send you a declaration of acceptance pursuant to para.151 sentence 1 BGB. Acceptance is made reserved to availability of the goods ordered.
3.4 In the event that we cannot accept your offer, we will also notify you within the period mentioned above.
4. Buyer's duties to informWhen registering, you shall be obliged to provide true information. Should your data change during the term/processing of the contract, you shall be obliged to promptly notify us of these changes. If you fail to do so, or if you provide incorrect information in advance, we shall be entitled to cancel the concluded contract at no costs to us. Any costs arising through the goods being sent to the wrong address due to incomplete or incorrect address details will be charged to your account. As our contractual partner you must ensure that the e-mail account provided by you can be reached and that the receipt of e-mails is not excluded due to forwarding, shut down or congestion of the account.
5. Right of returnYou may return the goods received within a period of 30 days without stating any reasons simply by sending them back. This period begins upon receipt of this instruction in writing (e. g. as a letter, fax, e-mail), but neither before the goods have been received by the customer (in case of recurring deliveries of similar goods not before receiving the first partial delivery) nor before we have fulfilled our duty to inform pursuant to article 246 para. 2 in connection with article 1 para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to article 312e para.1 sentence 1 of the German Civil Code (BGB) in connection with article 246 para. 3 of the EGBGB. Only in case that the goods cannot be returned by parcel (e.g. for bulky goods) you may also return the goods by declaring your request of return in writing. To comply with this term, it is sufficient to send the goods to be returned or your request of return in good time. In any case, the return of the goods shall be at our risk and for our account. Please send the goods or your request of return to the following address:
DICTUM GmbH, Donaustr. 51, D-94526 Metten
Consequences of returnIf goods are returned in accordance with these terms and conditions, any services received on both sides and, if applicable, possible benefits (e.g. from using the service or goods) must be returned or refunded. If the condition of the goods has deteriorated, compensation for lost value may be claimed. This shall not apply, if the deterioration of the goods can exclusively be attributed to the examination thereof, as for example in a manner that would be possible in a store. You can avoid any liability for compensation for lost value by not using them in a way as they would be your property and by refraining from undertaking anything that might affect their value. Any obligations to reimburse payments must be fulfilled within a period of 30 days. The period begins for you upon sending the goods or request of return and for us upon receipt thereof.
End of Instructions on Return of Goods
Terms of delivery and shipping / Place of performance / Transfer of risk6.1. Place of performance for our obligation to supply shall be our head office in 94526 Metten/Germany. For shipping of the goods ordered, the following provisions concerning shipping costs described in 6.2 and 6.3. shall apply. Shipping is covered by insurance at all times. It is up to us to choose the route and method of shipping. For legal transactions between us and end consumers, the performance risk in case of shipping shall be transferred to the customer upon handing over of the goods, or if the customer is in default of acceptance. For legal transactions between us and companies/commercial customers, the shipping of the goods ordered shall be at the customer's own risk. As soon as we have delivered the goods to the supplier/forwarding agent in good time, we have fulfilled our obligation to perform the contract. For any delays occurring in the delivery process, only the supplier or the customer shall be responsible.
6.2. The shipping costs arising for orders are not included in the selling price of the goods. They are disclosed in detail in the online shop on our website at www.more-than-tools.de/shippingcosts and also during the ordering process through our Internet shop as well as in our catalogue. Unless otherwise agreed, shipping costs must be paid by the customer. For international orders, we reserve the right to choose express deliveries as method of shipping, if in this case the shipping costs are lower than by using standard shipping.
7. Payment methods, Terms of payment
|Payment in advance::||We grant 2 % discount if payment is made in advance by means of bank transfer.|
Online payment service
Please state your EU VAT registration number when placing an order. If you do not have such a registration number or if you fail to submit it, we shall be obliged to invoice you the German VAT according to European law. This provision shall only apply to EU customers!
Default in payment:
The purchase price and shipping costs, if any, are due upon conclusion of the contract. You shall default on your payments at the latest 15 days of the due date or receipt of an invoice or equivalent statement of payment. For a consumer, this shall only apply, if he has been explicitly notified of this legal consequence in the invoice or in an equivalent statement of payment. If you as a buyer default on your payments, we shall be entitled to charge default interest to consumers to the amount of 5 percent – compared with 8 percent for companies/commercial customers – above the base interest rate pursuant to article 247 of the German Civil Code (BGB). Default in payment occur either through reminder after the due date or without reminder on expiry of the payment deadline according to the terms of payment. Claims arising for further damages, in particular additional costs and costs incurred in making request for payment to the amount of 5.00 Euros for a second and last reminder shall not be affected. We shall be entitled to charge you, the buyer, any bank charges incurred by us due to incorrect or incomplete account details provided by you or due to an unauthorized rejection from the bank. However, you shall be entitled to be provided with the evidence that less or no damage has incurred by us.
8. Prices8.1 The catalogue shows both the net and the gross price. The gross price includes the applicable value-added tax valid at the time of printing of the catalogue of 7 % or 19 %, depending on the type of product. We reserve the right to adjust the prices, if the VAT rate is altered. For the end consumer, the gross price including VAT, which is printed in bold, shall be the only valid and binding price. The net prices are only shown in order to provide a better overview for our commercial customers and for non-EU customers.
8.2 Our online shop shows daily-valid prices as short time changes of prices by suppliers, fluctuations of currency etc. can cause necessary adjustments. The prices shown when you place your order are the valid ones.
8.3 We accept no liability for printing errors in terms of price details.
8.4 Book prices: books are price-controlled. In the case of a price increase on the part of the publisher, we shall be obliged to charge you the new price.
9. Reservation of propertyAll goods delivered shall remain our property until they have been paid in full, regardless of the expiry of the return period. Being the buyer, the customer is obliged to treat the delivered goods with care and to promptly notify us of any access to the goods by third parties, for example in the case of seizures as well as possible damages or destruction of the goods. You are also entitled to resell the goods purchased in regular business transactions, provided that you are not in default of payment towards us. However, you have to assign all claims amounting to the value of the gross invoiced sum to us that result from reselling the goods to a third party. We herewith accept this assignment.
10. Removal of defects/ warranty, guarantee10.1 We grant a three-year warranty on the products delivered by us. The warranty claim shall be excluded, if the goods have not been used or maintained properly according to the manufacturer's recommendations. The warranty shall be granted after we have chosen the appropriate remedy, either by repairing the defect product or by delivering a replacement product. The warranty period shall begin upon delivery of the goods. Defects in wood intended for further processing shall be excluded from this liability after the expiry of the sale or return (see article 5.). This applies for example to cracks and shrinkage of the wood, even if it has been dried artificially. Besides, the statutory warranty regulations shall apply.
10.2 In addition to the provision stipulated under article 10.1, it shall still be possible to raise legal warranty claims.
11. LiabilityOur liability and the liability of our subcontractors for breach of contract as well as for tort shall be restricted to intent and gross negligence. This shall not apply in cases of harm to life, body and health, claims due to a violation of cardinal obligations, in the case of guaranteed characteristics and guarantees, for claims due to fraudulent concealment and to compensation of damage caused by default (article 286 German Civil Code, BGB). In this respect, we shall be liable for all our defaults or those of our subcontractors. The liability in the case of a default in delivery is, however, restricted to a maximum of no more than 5 % of the delivery value for each completed week of the default. The liability for a violation of cardinal obligations shall be restricted to foreseeable, typically occurring damage. The data communication via the Internet cannot be guaranteed according to the present state of the art as being free of defects and/or available at all times. Therefore, we are neither liable for continuous and uninterrupted availability of our online system nor for the technical and electronic errors occurring during a sales event, which we have no influence on, in particular not for the delayed processing or acceptance of offers.
12. Data protectionWe will use your contractual data only for the purpose of processing your order. We will store and process all customer data pursuant to the appropriate regulations of the Bundesdatenschutzgesetze (BDSG) (Federal Data Protection Act) and the Telemediengesetz (TMG) (German Act for Telemedia Services). You are at all times entitled to obtain information, to adjust, suspend and delete your stored data free of charge. Your personal data, including your home address and e-mail address, will not be passed on by us to third parties without your explicit and (always) revocable consent. The only exception to this regulation refers to our service partners, who require the transmission of data to process orders (e.g. the forwarding company charged with the delivery and the bank charged with the payment processing). In these cases, however, the information transmitted is restricted to the required minimum.
13. Exclusion of liability for external linksOn our website, DICTUM GmbH refers to other websites on the Internet by placing links. For all these links, the following statement applies: DICTUM GmbH declares explicitly that we have no influence on the presentation or content of any linked sites and therefore we dissociate explicitly from the content of any sites provided by third parties that are linked from www.more-than-tools.de, and we affirm that we do not adopt content of external websites. This statement is valid for all links shown and for any contents of the websites that the links lead to.
14. Rights to imagesThese General Terms and Conditions and the contract concluded between us on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.
15. Applicable lawThese General Terms and Conditions and the contract concluded between us on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.
16. Court of jurisdictionIf you as the buyer are a legal entity under public law or a separate estate under public law, the exclusive court of jurisdiction for all disputes arising from this contract shall be the court responsible for our place of business. The same applies, if you as the buyer do not have the general court of jurisdiction in Germany or if your residence or usual place of residence is not known at the time of the action being filed.
17. Severability ClauseShould individual terms of these General Terms and Conditions be or become ineffective, in whole or in part, the validity of the remaining provisions shall not be affected.
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