GENERAL TERMS AND CONDITIONS OF BUSINESS
§1 General & Scope
The following terms and conditions (GTC) are govering the contractual relationship between Ebba Lindström Enskild Firma (swe) is hereinafter referred to as geppebba and natural persons, hereinafter referred to as “buyer”, who use the offer of geppebba via Internet. The terms and conditions affect the use of the website www.geppebba.com and all belonging sub-domains. Authoritative in any cases is always the valid version at the time of the contract execution.
§ 2 Contract Conclusion
(1) The offers of geppebba in the Internet represent a non-binding invitation for buyers, to order goods rom geppebba.
(2) By the order of the desired item in the Internet, the buyer gives a binding offer to conclude a contract of purchase.
(3)geppebba is entitled to accept this offer by sending an order confirmation. The order confirmation is transmitted by e-mail.
§ 3 Payment, Maturity, Delay of Payment
(1) geppebba can accept payment in advance via default gateway and paypal.
(2) The order is free of revocation and commits the buyer, to pay the purchase price within 14 days.
(3) If the buyer is in delay of payment, he/she has meanwhile to take responsibility of every negligence.
(4) The assertion of claiming damages by a delay of payment is excluded by both parties
§ 4 Delivery Terms
(1) The place of delivery is to the address messaged by the buyer.
(2) The shipping costs are free of charge. If the buyer is wishing a special type of shipping with higher costs, he/she has to pay all incurring costs.
(3)The delivery will be provided exclusively by cash in advance on the business account.
(4) We insure all outbound shipments, the customer is taking no risk for lost or damaged goods.
(5) We will inform you promptly by e-mail about the delivery time and in case of delays.
(6) The delivery of the goods will be carried out within 10 working days (weekdays,
without holidays) after receipt of the purchase price to our bank account or a transfer voucher.
§ 5 Retention of Title
The object of purchase remains property of geppebba until fully paid. Without the expressly consent of geppebba Pledging, security assignment, converting or transformation is not allowed before conveyancing.
§ 6 Prices
All prices include the supply and shipping costs. For orders inside the European Union prices include Swedish VAT at 25% or German VAT at 19%, depends from where geppebba can ship the order. Orders from outside the European Union must pay taxes and duty when receiving the package, we deduct the Swedish VAT from your order in the check-out. Tax and duty differs between countries, states and in some cases cities so we can unfortunately not guarantee that the deduction will add up to the fees paid when receiving the package. If any package would be sent back due to this we’ll have to deduct those costs from your refund, as they then will be turned to us.
§ 7 Rescission
(1) geppebba is entitled to rescind the contract and the remaining part of the delivery or performance if false information has been made of the buyer or objective reasons concerning the insolvency of the buyer emerged, for example, the opening of insolvency proceedings on the assets of the buyer or the rejection of such a procedure in default of a cost covering asset. The buyer will be granted the possiblity before resigning to pay payment in advance or to afford a suitable security.
(2) Irrespective of any claims for damages the already provided partial performances in the case of a partial withdrawal are conventionary to be settled and paid.
§ 8 Warranty
(1) geppebba guarantees that the object of purchase is free of defects at the handover. An appearing defect of the purchased object within six months since handover will be presumed to be already inadequate at handover, unless this presumption is contradicting with the nature of the purchased object. If the defect appears after the expiration of six months, the buyer must give evidence that the defect existed at the handover.
(2) If the object of purchase is defect at the handover, the customer can decide between the subsequent fulfillment by improvement of the good or the delivery of a replacement. The costs of this (transport costs, labor and material costs) will be borne by geppebba. But geppebba is entitled to deny the choice of the supplementary performance, if this choice is only possible with disproportionate cost and the other type of performance is without significant disadvantages for the buyer. The delivery of another than the purchased good do not constitute a remedy, and the buyer is not obliged to accept the delivery of another product (eg, a follow-up model).
(3) If the supplementary performance fails, the buyer has on principle the choice to demand either a reduction of the purchase price or the cancellation of the contract. The impaired price is calculated as follows:
Impaired price = (price x actual value): value without defect
In cases of only insignificant defects, the buyer has no right to withdraw from the contract. In case of the cancellation of the contract geppebba gets back the defective goods and the buyer will be reimbursed the purchase price.
(4) If geppebba delivers a defect free object of purchase for the purpose of a supplementary performance, geppebba can require the return of the defect object of purchase from the buyer.
(5) Claims by the buyer in case of defects become time barred two years, used goods are barred one year. The period begins with the delivery of the goods to the buyer. If the buyer is caused a damage by a defect , he can possibly make a claim for compensation if at least gross negligence can be imputed. This claim may also be asserted in addition to a cancellation of the contract. A claim for damages is excluded if geppebba can prove that the defect is not responsible.
(6) Damages by the buyer caused by actions improper or contrary to the contract in handling or storage do not justify any claims against geppebba.
(7) geppebba must be given a time limit for subsequent performance. The buyer must therefore give the opportunity to remediate the defect within a reasonable time. Should the buyer clear the defect himself or by a third party, without first giving geppebba a required deadline to perform, the purchaser shall not be entitled to claim the costs of removal of the defect.
§ 9 Limitation of Liability
(1) For other injuries than life, body or health damages the geppebba is only liable to the extent that such damages rely on an act with intent or a gross negligence or a culpable violation of a fundamental contractual obligation of geppebba or their vicarious agents. An obligation is fundamental to the contract, when it makes a proper fulfillment of the agreement possible and the buyer can regularly trust on its compliance. Any further liabilities for damages are excluded. Claims by one of geppebba given guarantee for the condition of the object of purchase and the Product Liability Code are thereof unaffected.
(2) Under the current state of technology, the electronic communication via internet cannot be guaranteed as permanent accurate and / or available at any time. The geppebba therefore is not liable for the all-time availability of our online shop.
§ 10 Jurisdiction
All disputes arising from this legal relationship are subject of the swedish law. For consumers, this choice of law is only insofar valid as not the afforded protection, by mandatory provisions from the law of the State, in which the consumer has his habitual residence, is withdrawn. The application of CISG is excluded.
§ 11 Right of withdrawal
Revocation advice: You can cancel your contract declaration within fourteen days but you must give geppebba a reason for that. Your decision to cancel this contract should be in a clear statement and inform geppebba (eg, letter, e-mail or telephone). You can also use the withdrawal form on our website and submit this (http://addacliche.com/withdrawal-form) but it is not obligatory. Return the goods and declaration to: Patrick Clemens & Ebba Lindström, Klampvägen 4 , 26992 Båstad, Sweden, Phone: +46 769 231 287 (swe) or Patrick Clemens / geppebba Lager, Leopoldstr. 136; 80804 München +49 179 4522848 (ger) facebook: addacliche, e-mail: firstname.lastname@example.org, URL: www.addacliche.com. We will send you the confirmation of your withdrawal as soon as possible (eg by e-mail). In order to be before the withdrawal-deadline it is sufficient that you communicate within the fourteen days period, but your right of withdrawal for goods that have been made individually or are customised tailored is a priori excluded.
The period begins earliest with the receipt of the goods and not before the receipt of this notification. The period begins in the case of a contract where a third person named by you as recipient who is not the carrier, takes physical possession of the goods or in the case of a contract for more goods within a single order supplied separately where a third person named by you as recipient who is not the carrier, takes physical possession of the last goods.
In case of an operative revocation, the benefits received and emoluments taken by each party are to be returned. We give you back all the payments, including the cost of delivery (except for the additional costs that result from the fact that you have chosen a type of delivery other than that offered by us) without delay when we received the goods . This repayment is free of charge for you and we use the same method of payment that you used for the initial transaction. Are you only able to return the received performance neiter complete nor partial or in a deteriorated condition, you will be obliged to pay compensation. By releasing the goods this does not apply if the deterioration of the goods is solely caused by the test – how in a shop it would have been possible. In addition, you can avoid liability for compensation by handling the goods not like your property and omit any action which could impair their value. You have to bear the direct costs of returning the goods. The costs will not exceed about 5 euros for example, shipments within Germany (2kg parcel with tracking number). You must fulfill obligations of reimburse payments within 30 days after sending your revocation.
End of the revocation advice.