GENERAL TERMS AND CONDITIONS OF SALE
for online or distance selling orders of products by consumers
§ 1 Scope
For your online or distance selling orders of products via Nikonclassics-michalke.de solely the following General Terms and Conditions of Nikonclassics, Norbert Michalke, Bessemerstr 16, D-12103 Berlin, Phone +49-30-37302639 apply, in their version in force at the time of your order. You may save a copy of these terms on your computer or print them. Any regulations diverging from this conditions apply only, if they are confirmed by us in writing.
§ 2 Offers
(1) Regarding price, quantity, delivery period and availability our offers are subject to alteration. No demands can be made by the orderer on obvious mistakes, differences in regards to specifications of promotional material, especially images, misspelling and miscalculation, incorrect specificatons of serial numbers and erroneously price entry.
(2) All prices are given in Euro and are subject to the applicable german VAT valid at the time. Selldowns by customer order are subject to the relevant article §25a USTG. (difference taxation). In this case no VAT has to be declared.
§ 3 Contract conclusion
Our indications concerning goods and prices within the order transaction are without engagement and obligation. With your order you are submitting a binding purchase offer, this offer is accepted by us, provided that and as soon as we assign an invoice number to the offer. Until that time we particularly reserve the right to forbear from the delivery of the offered goods in case of their unavailability. Only on acceptance of the offer a right of delivery of the goods comes into existence.
You must not pass the password where required for your order to any third party. In case of a transfer you are also responsible for orders of the third party. You are answering / paying for any order with your password and the claims / debts resulting from this.
§ 4 Cancellation
(1) You are entitled to a right of withdrawal (§ 355 German civil code). Accordingly you may forbear from a contract concluded according this terms and conditions within a period of two weeks after duly delivery and receipt of instruction without giving any reasons. For this the return of the goods is sufficient but also a written statement of you or a statement, embodied on another permanent data medium. For complying with the time limit the punctual dispatch of the goods respectively the statement to the above-mentioned address is sufficient. Also in case of a pure withdrawal statement you have to return the goods to us. In case of use or damage of these goods we reserve further steps.
(2) We only take the return costs in case of cancellation or return according aforesaid paragraph (1) if the merchandise is not as described.
§ 5 Delivery
(1) The delivery takes place to the delivery address indicated by you.
(2) We are entitled to partial deliveries. At partial deliveries of course we take the additional shipping costs arising from it.
(3) All shipments to end users will be sent at sender's risk.
(4) All shipments to industrial consumer will be sent at receiver's risk.
(5) If necessary, a transportation insurance will be included at receiver's cost even without expressed permission. Damaged shipments can only be accepted after acknowledgement by record through the carrier (mail, courier, etc.)
§ 6 Maturity and payment, retention of title
(1) The purchase price matures on delivery and has to be settled within 8 days, if not agreed otherwise.
(2) Depending on the amount of your order a choice of the following means of payment is offered: purchase by cash on delivery, payment by advance payment or PayPal.
(3) The delivered goods remain our property until the complete payment.
§7 Claims for defects, guarantee and warranty
(1) In case the goods are afflicted with deficiencies we are in reasonable time going to arrange for supplementary performance, i.e. either for compensation delivery or remedy of defects. If the supplementary performance chosen by you is only possible with disproportional costliness we are liable to fulfill according to the other form. The necessary expenses for the supplementary performance are taken by us. If we fail in the supplementary performance, according your choice you have the right to cancel the purchase or to mark down the purchase price.
(2) Faulty goods are to be returned to us, except you decided on the marking down of the purchase price.
(3) Claims for defects prescribe in 2 years from the time of the delivery of the goods.
(4) At factory-new goods the guarantee of the manufacturer becomes applicable as per certificate of guarantee of the manufacturer or the corresponding invoice from the date of issue.
(5) Second-hand goods will be checked before shipping for functionality, shutter time and other sources of defects. The exact functionality of the shutter or other mechanical functionalities as well as the exact functionality of the photometer are no warranted characteristics. The warranty for second-hand goods is limited to one year according the legal regulations. Articles older than 20 years are sold as collector's items to the exclusion of any warranty.
(6) All further claims of the purchaser in particular for damages are excluded.
§ 8 Indemnity
Indemnity because of neglect of a duty from contractual relationship is to be made under the legal conditions. This applies accordingly for claims for damages due to the Product Liability Law.
§ 9 Data protection
The data necessary for the transaction processes are saved. Self-evident all personal data are kept in confidence.
§ 10 Miscellaneous
(1) German law applies under to the exclusion of the UN-convention.
(2) Complaints may be asserted under the address named in § 1.
(3) The jurisdiction is Berlin, Germany.
(4) The VAT tax number for Norbert Michalke is DE 136023327.
(5) If single or several of the above provisions are invalid, thereby the validity of the remaining provisions is not affected.
(6) It is assumed no liability for the content of any linked external website.