Terms and Conditions

§ 1 General - Scope

1. Consumers according to the Terms and Conditions are individual persons with whom we enter into business relations without a commercial or independent occupation.
2. Businessmen according to the Terms and Conditions are natural or legal entities or legally responsible partnerships with which we enter into business relations which acts in practice of a commercial or independent occupation.
3. Both consumers and businessmen are customer (buyer) according to the Terms and Conditions.
4. Differing, standing contrary or supplementary general Terms and Conditions do not become contract component even at knowledge, unless its validity is particularly agreed to in writing.

§ 2 Completion of contract

1. Our offers are without engagement. Technical changes as well as changes in form, colour and/or weight, are reserved in tolerable range.
2. By ordering a product the customer declares his intention to purchase the ordered product.
   We are authorized to accept the contract offer represented by the order within 2 weeks after reception. The acceptance can either be explained in writing or by delivery of the product to the customer.
3. If the consumer orders the product on an electronic way, then we will immediately confirm the reception of the order. The acknowledgement of receipt does not represent any obligatory acceptance of the order yet, but it can be combined with the declaration of acceptance.
4. The completion of contract takes place under the reservation of the correct and punctual self supplying by our suppliers. This only applies to the case that we cannot be held responsible for the non-delivery, particularly at conclusion of a congruent hedging transaction with our supplier.
   The customer is immediately informed about the non-availability of the service. The service in return is immediately refunded.
5. If the consumer orders the product on an electronic way, the text of the contract is stored and sent together with the Terms and Conditions to the customer by e-mail on desire.

§ 3 Lien

1. At contracts with consumers we reserve the ownership of the product for us until the selling price is fully paid.
2. At contracts with businessmen we reserve the ownership of the product for us up to the complete payment of all demands from regular business relations.
3. The customer is obliged to treat the product carefully. Provided that maintenance and inspection work is required, the customer has to hold these regularly at the expense of his own.
4. The customer is obliged to inform us about an access of third parties to the product e. g. in the case of a distraint as well as possible damages or the destruction immediately. The customer has to report a change of ownership of the product as well as the change of abode of his own to us immediately.
5. We are authorized at behaviour of the customer contrary to the terms of the contract particularly at delay in payment or at injury of a duty acording number 3. and 4. of this regulation, withdrawing from the contract and asking the product out.
6. The businessman is authorized to sell the product in the proper business further. He hands over already now all demands to us in height of the invoice amount which are caused for him by the resale against a third party. We accept the assignment. After the assignment the businessman is authorized to the collection of the demand. We reserve for us to retract the demand ourselves as soon as the businessman does not meet his financial obligations duly and turns out for in delay in payment.

§ 4 Withdrawal

1. If the customer is a consumer, the following is then valid:

   Withdrawal
   You may cancel your contract within 14 days without giving reasons in writing (e. g. letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first installment), and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
   Comm4All, owner Bernd Blazynski, Hohes Ufer 15, DE-45721 Haltern am See, fax: +49 (2364) 106551, e-mail: post@comm4all.com.

   Consequences
   In the case of an effective cancellation the mutually received benefits and any benefits (e. g. interest) surrendered. Can you give us the performance received whole or in part only in a deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the impairment is only on the test - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as your property and everything that could reduce its value. Transportable items are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price of the commodity is the sum of not exceeding 40 euros or if you are at a higher price the thing is not at the time of the cancellation, compensation or an agreement agreed part payment provided. Otherwise, the return is free of charge. Non-transportable goods will be picked up. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods, for us, with their reception.

   End of the revocation caution

2. There is not the right of withdrawal at contracts for the delivery of goods which are made after customer specification or for the delivery of audio or video recordings or of software, provided that the delivered data carriers have been unsealed by you.
3. Please avoid damage and contamination. The goods should be returned in original packaging with all accessories and with all packaging components to us. Please use a protective overpack. If you do not have the original packaging, please ensure a suitable packaging for adequate protection from damage during transport, to avoid claims for damages because of damage due to faulty packaging.
4. For problems with goods received, please inform us first by e-mail, phone or contact form and tell us the problem. We promise to promptly remedy the situation - after all, we want only satisfied customers.
5. Please notify us first via e-mail or contact form on your return.
6. Please do not send returns non-free!
7. Please note that the information about modalities in § 4 par. 3 - 6 are not a prerequisite for the effective exercise of the revocation right. It helps us but to help you quickly and to hold the mutual cost efficient.

§ 5 Reimbursement

1. The offered selling price is definite. The legal value added tax is contained in the selling price provided that the customer is not registered in our online shop as a businessman or customer outside the EU. We reserve the right to change prices for businessman. At the consignment purchase the selling price is plus the real transportation costs.
   No additional costs arise for the customer by use of the different ways of communication for his order.
   For the payment of the selling price the customer has different methods of payment at his disposal.
2. For safety reasons, in principle, the credit card data of the customer are not stored on our systems. The execution of the payment is made by external payment service providers, the charging of the credit card is therefore immediately executed with the definite confirmation of the order by the customer.
3. The customer obliges himself to pay the selling price upon receipt of the product within 10 days. After expiry of this period the customer is in delay of payment.
   The consumer has to pay interest of 5% above the base interest rate on the financial debts during the delay.
   The businessman has to pay interest of 8% above the base interest rate on the financial debts during the delay. Opposite the businessman we reserve for us to prove and to assert a higher compensation.
4. A right for balancing is entitled to the customer only when its counter-claims are finally legally stated or undisputed or were in writing appreciated by us.
   The customer only can exercise a retention when his counter-claim is based on the same contractual relationship.

§ 6 Delivery, dispatch, risk transition

1. Partial deliveries apply to financial obligations, risk transition and guarantee as independent deliveries.
2. The mode of transport and the forwarding route is determined by Comm4All if not indicated differently.
3. If the buyer is a businessman, the danger of the coincidental decline and the coincidental deterioration of the product changes with the handing over at the consignment purchase with the delivery of the product to the forwarding agent, the carrier, or the person intended for the execution of the consignment otherwise or institution on the buyer.
4. If the buyer is a businessman, he has to reproach obvious and perhaps noticed damages in transit immediately opposite the forwarding agent or carrier and then inform the seller within 5 days so that this can assert claims opposite the forwarding agent or carrier.
5. If the buyer is consumer, we also ask for a quickest possible communication of the damage. This is not mandatory but it supports the efforts for the quickest possible remedy.
6. If the buyer is consumer, the danger of the coincidental decline and the coincidental deterioration of the sold product changes also at the consignment sale only with the handing over of the product on the buyer.
7. Handing over has taken place if the buyer is in the mora accipiendi.

§ 7 Guarantee

1. If the buyer is a businessman, we guarantee defects of the product according to our choice by improvement or substitute delivery first.
2. If the buyer is consumer, then he has the choice at first, whether the after-fulfilment shall be carried out by improvement or substitute delivery. We are, however, authorized to refuse the chosen after-fulfilment, if it is possible only with excessively costs and the other choice of after-fulfilment remains without considerable disadvantages for the consumer.
3. In principle, if the after-fulfilment fails, the customer can demand reduction of the compensation (reduction) or cancellation of the contract (resignation). No right of withdrawal is entitled to the customer, however, at an only insignificant lack of conformity particularly at only slight defects.
4. Businessmen must report obvious defects to us in writing within a period of 2 weeks as of receipt of the product; otherwise the assertion of the liability benefit entitlement is excluded. The punctual despatch suffices to the compliance with a time limit. The full burden of proof meets the businessman himself for the time of the observation of the defect and for the timeliness of the customer's complaint for all prerequisites for claim, particularly for the defect.
5. Consumers must inform us about obvious defects in writing within a period of 2 months after the time at which the condition of the product contrary to the terms of the contract was established. For the preservation of the period substantial is the receipt of the information with us. If the consumer refrains from this information, the guarantee rights expire 2 months after its remark of the defect. This does not apply to cunning of the seller. The burden of proof for the time of the observation of the defect meets the consumer. If the consumer was made to buy the product by inappropriate manufacturer statements, the burden of proof meets him for its purchase decision. The burden of proof meets the consumer at second-hand goods for the defectiveness of the thing.
6. If the customer chooses the resignation of the contract because of a bad title or material defect after failed after-fulfilment, besides that no claim for compensation is entitled to him because of the bad title or material defect.
   If the customer chooses compensation after failed after-fulfilment, the product remains with the customer, if this is reasonable for him. The compensation confines itself to the difference between selling price and value of the unsatisfactory product. This is not valid if we have caused the breach of contract cunningly.
7. For businessmen the guaranteed period is 1 year as of delivery of the product. For consumers the limitation period is 2 years as of delivery of the product. The limitation period is 1 year at second-hand products as of delivery of the product. This is not valid if the customer has not reported the defect to us on time (numbers 4 and 5 of this regulation).
8. In principle, if the buyer is a businessman, only the product specification of the manufacturer is regarded as quality of the product agreed on. Public remarks, extollings or recruitment of the manufacturer do not represent any quality description of the product according to contract besides that.
9. If the customer gets a faulty fitting instruction, we are merely engaged for the delivery of a fault-free fitting instruction and this only, when the faulty fitting instruction stands contrary to the proper assembly.
10. The customer does not get guarantees in the legal meaning through us. Manufacturer guarantees remain untouched.

§ 8 Limitations of liability

1. At slight negligent breaches of duty our liability itself confines to foreseeable, contract typical, immediate average damage according to the type of product. This also applies to slight negligent breaches of duty of our legal representatives or vicarious agents.
   We are not liable responsible to businessmen at slight negligent violation of insignificant contractual duties.
2. The aforesaid limitations of liability do not concern claims of the customer from product liability. Further the limitations of liability do not apply to body and health damages to be put to us or to loss of the life of the customer.
3. Claims for compensation of the customer because of a defect are in lapse after 1 year as of delivery of the product. This is not valid if cunning is reproachable for us.

§ 9 Protection of data privacy

1. We use your customer data exclusively for the carrying out of your order. All customer data are saved and processed by us considering the appropriate regulations of the Federal Data Protection Law (Bundesdatenschutzgesetz - BDSG) and the Telemedia Act (Telemediengesetz - TMG). If you have applied for our newsletter, we save your e-mail address for advertising and market research up to the sign-off.
2. You have a right to free information, correction, inhibition and deletion of your stored data at any time. A short message by e-mail, telephone, fax or post suffices and we will react according to your wish.
3. We do not pass your personal data on to third parties including your house and e-mail address. Our service partners who need the data for the order handling are excepted from it. In these cases the amount of the transmitted data confines itself to the required minimum. So e. g. the parcel service gets only your name, your address and phone number for the delivery of your order. Your e-mail address is just transmitted for the e-mail which you will receive automatically after dispatch of your order and with which you can trace the shipment online.
4. A 256 bit SSL encryption is established on all pages of our web site which are used for data transmission. You recognize the active encryption by the closed padlock in the status bar of your Internet browser.
5. Our web site stores session identification numbers in a so-called session cookie which is used to store the contents of your shopping basket. In addition, it is used for the navigation within our web site. This cookie is a little text file which is filed on your computer. Information can be saved only in text form in this file and it can not write any unchecked amounts of data on your PC but only a limited number of lines. A "spying out" of your hard disk is just as impossible as putting an executable code like programs or viruses. In addition, no safety relevant or personal data are contained in the cookies used by our web site.

§ 10 Final regulations

1. It applies the law of the Federal Republic of Germany. The regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
2. If the customer is a merchant, legal entity of the public law or separate property under public law, the exclusive place of jurisdiction is our established place for all disputes from this contract.
3. If single terms of the contract should completely or partly be or get ineffective with the customer including these general Terms and Conditions, then the validity of the other regulations is not touched by it. The completely or partly ineffective regulation shall be replaced by a corresponding effective regulation.

State: November 2011