§ 1 General Conditions
- The General Conditions of Sale stated below regulate the relationship between Circular-Calendar.com and the customer within the scope of procurement via the www.circular-calendar.com website. Any diverging conditions on the part of the customer shall not be recognised as applicable by Circular-Calendar.com unless Circular-Calendar.com has given prior written agreement.
- Offers made by Circular-Calendar.com are subject to confirmation and are not binding. For orders from our Webshop, the customer will receive a confirmation email of the order.
Circular-Calendar.com notes that orders are always subject to availability.
- Circular-Calendar.com reserves the right to make changes and improvements to its products insofar as these are reasonable and making allowance for the customer’s interests.
§ 2 Consumer’s Right of Cancellation/Return
- As a consumer, your order from our Webshop is for a purpose that can be classified as being neither commercial nor part of your self-employment as a business. You have a limited right of cancellation in the form of a right of return in accordance with § 312 d of the German Civil Code pursuant to § 355 of the German Civil Law.Should you not be satisfied with the goods delivered to you or for any reason not want to keep the goods, you may exercise your right of cancellation as follows:You may cancel your contract within 2 weeks (14 days), without giving a reason, in writing (e.g. letter, fax, e-mail) or by returning the goods.The period begins upon receipt of this notification in writing, but not beforereceipt of the goods at the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) and also not meeting our information requirements pursuant to Section 312c Abs.2 BGB in conjunctionwith Article 1 Para 1,2 and 4 BGB InfoV as well as our obligations under Section 312e para.1 sentence 1 in conjunction with the Civil Code Section 3 BGB InfoV. In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time.The time limit will be guaranteed by promptly sending the instruction to cancel, e.g. by post, fax or e-mail or by returning the goods.Please send the instruction to cancel or returns to the following address:
- Sören Lachnit
Digital Media and Graphic Design
Kaiser-Friedrich Ring 8
Tel.: +49.611 957 696 02
Fax.: +49.611 957 696 03
Email: firstname.lastname@example.orgYou may also address any other queries or find information on Customer Services and on guarantee claims etc. here.
- CAUTION: Under § 312d BGB, the right of cancellation does not apply to Long Distance Sales Contracts for consignments of digital downloads.
- Consequences of Cancellation: In the event of a viable cancellation, deliveries by either party must be returned and compensation provided for use of the same (e.g. interest). You must return goods and we will refund any payment made within 30 days following the receipt of returned goods.You shall bear the cost of returning the product if the product received matches the order and the price of the item to be returned does not exceed 40 Euros, or if you have not provided the required consideration or an agreed partial payment at the time of the cancellation. Otherwise, the return shall be free of charge.If you are unable to return the received goods in total or in part, or perhaps only in a deteriorated condition, you will be obliged to indemnify for the loss of value involved. This does not apply to products returned if their unsatisfactory condition is due solely to testing, of a kind you could have possibly conducted in a store.In addition, you can avoid indemnification if you have not used the product as an owner and have avoided anything that could affect the value of the product.Goods with a value above 40 Euro that are ready and suitable for dispatch can be returned at our cost.
You must perform obligations with regard to the reimbursement of payments within 30 days of sending the cancellation.
§ 3 Prices and Payments Conditions, Offsetting Payments, Delivery Times
- Prices given at the time of ordering constitute valid prices inclusive of value-added tax exclusive of delivery charges. The invoice amount is, unless otherwise arranged in writing, to be paid by paypal or advance invoice.
- Further details about shipping costs and delivery times can be found here : URL SHipping
- The customer may not withhold payment if opposing claims result from a different contractual relationship. Should these arise from the same contractual relationship, the customer may withhold payment only in connection with undisputed or legally asserted counterclaims.
- The customer may offset opposing claims only in connection with undisputed or legally asserted demands.
- Information on anticipated delivery time is non-binding. The arrangement of a binding delivery time between Circular-Calendar.com and the customer must be made in writing.
§ 4 Retention of Title
- Circular-Calendar.com shall retain the title of all items delivered until all the customer’s obligations, regardless of their legal basis, in connection with the purchase are fulfilled.
- In the event the customer processes and/or connects the reserved good with other goods not belonging to Circular-Calendar.com, Circular-Calendar.com acquires a share of the co-title to the new good to the same proportion as of the processed good to the new good at the time of processing.
- If the customer acts in breach of the contract, in particular in relation to payment, Circular-Calendar.com shall be entitled to take back the object of purchase or to demand the transfer of the customer’s publication claims against a third party.
- In the event of any seizure of the reserved goods by a third party or any ceded claims, the buyer shall point out the ownership rights of Circular-Calendar.com and inform it immediately by handing over the necessary documents for the intervention. The costs of intervention shall be carried by the customer.
§ 5 Warranty and Liability
- In the event of deficiencies in shipments of merchandise for which Circular-Calendar.com is accountable, Circular-Calendar.com shall be obliged either to rectify such deficiencies or to deliver replacement goods, as it sees fit. Should Circular-Calendar.com be unable to rectify deficiencies or provide adequate replacement, or if rectification/replacement is delayed for an unreasonable period of time due to circumstances for which Circular-Calendar.com is responsible, or should rectification/replacement fail to occur for any other reason, the customer shall be entitled to cancel the order or to demand a corresponding price reduction.
- All additional claims on the part of the customer – regardless of their legal basis – are excluded. Circular-Calendar.com shall not be held liable for damages apart from those arising from the delivered product itself, and in particular not for lost profits or other losses of assets incurred by the customer.
- The limitation of liability described above does not apply to damage/loss attributable to malicious intent or gross negligence nor to cases involving claims filed by the customer pursuant to §§ 1 and 4 of the German Product Liability Act for absence of an assured characteristic or for compensation for damages due to non-fulfilment under §§ 463 and 480, Section 2 of the German Civil Code.
- In the event that Circular-Calendar.com fails, through neglect, to meet an obligation justifiably regarded as crucial to the fulfilment of the purpose of a contract (cardinal obligation), liability shall be limited to damages or losses judged to be typical or predictable in cases involving the utilisation of the goods in accordance with the provisions of the contract. In such cases, liability shall not exceed the equivalent of twice the amount paid on the basis of the corresponding order.
§ 6 Privacy Notice
- Personal details transmitted when placing an order are stored and used solely for the purposed of fulfilling orders. This information is stored in a secure environment and is not given or sold to any third party in accordance with German Data Protection laws.
We do not use this information (e.g. drawing up user profiles) in any way other than for statistical purposes in an anonymous way.
§ 7 Final Provisions
- German Law applies to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
- Where the customer is a trader, the sole jurisdictional venue for adjudication of all claims arising from business relations is Wiesbaden, Germany.
- Should one or more of the conditions in the General Conditions of Sale be invalid, this does not affect the validity of the remaining conditions. Invalid conditions are to be regarded as being replaced by conditions that shall be valid and enforceable and which come closest to the economic objective of the invalid condition concerned.