The following document contains a translation of the German terms and conditions and is offered as a help to English-speaking customers. In the event of any discrepancies, the German document is valid and takes precedence over this translation.
TERMS AND CONDITIONS / INFORMATION FOR THE CUSTOMER
I. TERMS AND CONDITIONS
§ 1 Basic regulations
(1) The following conditions are valid for all agreements which have been concluded between you and us as seller (Joerg Matzdorff) through our website www.tokaji.com. Unless otherwise agreed, the inclusion your own possibly used conditions is contradicted.
(2) Buyer/consumer when mentioned in the following conditions is each individual person that completes an commercial transaction, which is not related to their professional or commercial activities. Entrepreneur is any natural or legal person or a private company with legal capacities, which is concluding a legal transaction in the exercise of their professional or commercial activity.
§ 2 Conclusion of contract
(1) Subject of the contract is the sale of goods. Our product presentation on the internet are not binding and are no binding offer for concluding a purchase contract
(2) You may submit a binding offer to purchase (order) using the online shopping cart system. The products the buyer intends to buy have been put in the virtual shopping basket. By clicking the corresponding button, the client can always open the shopping basket to do any changes. After opening the check out page and having filled in personal data as well as payment and shipping instructions, a summary of your order will be displayedon the order summary page . Before sending the order, the buyer can check or change the data (also by using the „back" function from your internet browser), or interrupt the shopping process. With sending the order by clicking the "Buy now" button the buyer is giving a binding offer to buy.
(3) The acceptance of your offer to buy (and conclusion of contract) will be in any case a written confirmation (f. e. E-mail), which confirms the proceeding or shipping of your order. If you don´t receive such an order confirmation, you are not bound to the order anymore. As the case may be, performed payments will be refunded.
(4) The processing of the order and submission of all information required related to the contract shall be partially automated by E-mail. Therefore you have to ensure that your provided E-mail address is correct, the receipt of the E-mails is technically assured and especially not prevented by SPAM filters.
§ 3 Reservation of proprietary rights, right of retention
(1) You may only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We accept unlimited liability in accordance with the law for loss of life, bodily or health impairment that can be traced back to negligent or wilful breach of duty by ourselves, in the case of the fraudulent concealment of a defect, the assumption of a guarantee for the condition of the goods, for damages based on the product liability law and in all other cases established by law.
(2) Where there are significant obligations under the contract are affected, the liability of the supplier in case of slight negligence is limited to foreseeable damage, which are typical related to the contract. The essential contractual obligations are the obligations which result from the nature of the contract, and whose violation would compromise the attainment of the purpose of contract, as well as obligations which, on the basis of the content of the contract, are imposed on us to make the proper execution of the contact possible and whose compliance you may constantly rely on.
(3) Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
(4) Data communication via the internet, considering the current state of the art, can not be guaranteed error-free and/or available at all times. We are liable for neither the extent nor the continuous uninterrupted availability of the website and the services offered there.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only, as much as the granted protection is not withdrawn through compulsory regulations of the law of the state in which the customer is usually resident (benefit-of-the-doubt principle).
(2) Place of performance and jurisdiction for all services from the existing business relationship with the customer is the location of the supplier, as far as the customer is not a consumer, but a merchant, legal entity of public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU, or the domicile or habitual residence at the time of legal action are not known. The authority to call the power to the court in another jurisdiction is not affected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
§ 6 Youth Protection
(1) When selling goods, we enter contract relations only with adult customers, as far as it is required by the regulations of the law for the protection of the youth.
(2) By submitting your order you assure to be at least 18 years old and that your information regarding your name and address are correct. You are obliged to take care that only you or an adult person authorized by you to take delivery of the goods will receive the delivery. We direct the logistics service provider responsible for the delivery, to hand over the delivery only to persons over 18 years and to ask the receiving person for an ID for age verification in case of doubt.
(3) Unless there is not an adult person submitting the order, we hereby revoke the contract already now for precaution acc. § 109 BGB. The authorized representatives of minors which place an order by providing false disclosures are liable to us for all damages arising from the purchase orders made under false pretenses.
II: INFORMATION FOR THE CUSTOMER
1. Identity of the Seller
51429 Bergisch Gladbach
phone: +49 151 14738383
2. Information about the conclusion of the contract
Die technischen Schritte zum Vertragsschluss, der Vertragsschluss selbst und die Korrekturmöglichkeiten erfolgen nach Maßgabe des § 2 unserer Allgemeinen Geschäftsbedingungen (Teil I.).
The individual technical steps which lead to conclusion of the contract, the conclusion of the contract itself, and the options for corrections are provided according to § 2 of our Terms and Conditions (part 1).
3. Vertragssprache, Vertragstextspeicherung
3. Contract Language, Contract Text Storage
3.1. Contract Language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receiving your of the order, the order data, the information required by law in distance selling contracts and the terms and conditions will again be sent to you by e-mail.
4. Important Characteristics of the Product or the Service
The essential characteristics of the products and / or services can be found in the item description and additional information on our website.
5. Prices and Payment Conditions
5.1. The prices listed in our offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessible via an appropriately designated button on our website, are reported separately during the order process and are payable by you in addition, unless free shipping is confirmed.
5.3. The list with available payment methods is accessible via an appropriately designated button on our website or they are stated in the respective product description.
5.4. If not specified otherwise with the particular payment methods not otherwise, pecuniary claims from the closed contract are due for payment immediately.
5. Shipping Conditions
6.1. The terms of delivery, delivery date and, as the case may be, any existing shipping restrictions can be found via an appropriately designated button on our website or in the respective product description.
6.2. As far as you are a consumer it is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment passes to you only in the moment when the delivery is handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company which was not entitled by the supplier, or otherwise commissioned a certain person to execute the shipment.
7. Warranty Rights for Goods
7.1. The statutory provisions apply.
7.2. As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper about complaints as quickly as possible. Failing to do so does not affect your statutory warranty claims.
These terms and conditions and customer information have been created by the IT-specialiced lawyers specialized of the Haendlerbund and are permanently checked for legal compliance. The Haendlerbund Management AG guarantees the legal security of texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
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