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General Terms & Conditions of Business

Vesalia Computer

  1. General
  2. Prices
  3. Sales Contract
  4. Statutory Right of Withdrawal
  5. Due Date and Payment Terms
  6. Delivery
  7. Retention of Title
  8. Warranty and Compensation
  9. Place of Fulfilment and Place of Jurisdiction
  10. Closing Provision



  1. General

    These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between

    Vesalia Computer
    Guido Does
    Magdalenenweg 4
    46483 Wesel
    Deutschland

    (hereinafter referred to as 'Vesalia Computer') and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession ( 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession ( 14 of the German Civil Code).

  2. Prices

    All prices are cash prices and include VAT. The prices do not include charges for packaging and carriage. Additional customs duties shall be borne by the customer.

  3. Sales Contract

    The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking 'Buy', the customer makes a legally binding commitment to purchase the goods in the shopping cart. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by e-mail.

  4. Statutory Right of Withdrawal

    Statutory Right of Withdrawal

    If the customer is a citizen of the European Union and a consumer as per  13 of the German Commercial Code, he/she shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.

    In order to exercise the statutory right of withdrawal, the customer must notify us
    Vesalia Computer
    Guido Does
    Magdalenenweg 4
    46483 Wesel
    Germany

    info@vesalia.de
    Phone: +49 (0)281 16443-0
    Fax: +49 (0)281 16443-23

    of his/her decision to withdraw from this contract in a clear declaration (e.g. by sending a letter by mail, fax or e-mail). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.

    The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

    Consequences of Withdrawal

    If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer's withdrawal from this contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund.

    We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.

    The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. The customer shall bear the costs of returning the goods.

    The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

    Exclusions from the Statutory Right of Withdrawal

    The statutory right of withdrawal shall not apply in the following cases:
    • Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer's personal requirements.
    • Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
    • Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
    • Delivery of newspapers, journals or magazines, excluding subscription contracts.


    Withdrawal Form Template
    
    (Complete and return this form only if you wish to withdraw from the contract.)
    
    To:
    Vesalia Computer
    Guido Does
    Magdalenenweg 4
    46483 Wesel
    Germany
    Fax:    +49 (0)281 16443-23
    E-mail: info@vesalia.de
    
    
    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*)
    contract of sale of the following goods/for the provision of the
    following service (*),
    
    ____________________________________________________________________
    
    ____________________________________________________________________
    
    ____________________________________________________________________
    
    
    
    Ordered on __________________ (*)/received on __________________ (*)
    
    
    Name of consumer(s)
    
    ____________________________________________________________________
    
    
    Address of consumer(s)
    
    ____________________________________________________________________
    
    ____________________________________________________________________
    
    ____________________________________________________________________
    
    ____________________________________________________________________
    
    
    Signature of consumer(s) (only if this form is notified on paper)
    
    ____________________________________________________________________
    
    
    Date
    
    _________________
    
    
    (*) Delete as appropiate.
    

  5. Due Date and Payment Terms

    Unless otherwise agreed in writing, payment is to be made in advance. Orders paid in advance will be shipped upon receipt of payment. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.

    If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If Vesalia Computer is able to prove that greater damages were suffered as a result of the default, Vesalia Computer shall be entitled to assert the corresponding claims on these grounds.

  6. Delivery

    If the customer is a business (as per  14 German Civil Code), delivery shall generally take place at the customer?s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of  13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.

    The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

  7. Retention of Title

    If the customer is a merchant within the meaning of the German Commercial Code, the goods supplied shall remain the property of Vesalia Computer until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, Vesalia Computer shall reserve the right of retention for the goods until the purchase price has been paid in full.

    The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of Vesalia Computer at risk until the purchase price has been paid in full. The customer hereby assigns to Vesalia Computer any future claims against the buyer in the amount of the purchase price agreed between Vesalia Computer and the customer, including interest and ancillary payments. Vesalia Computer accepts this assignment.

  8. Warranty and Compensation

    Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by Vesalia Computer are not covered by the warranty. Signs of wear and tear from normal use are also excluded from the warranty.

    If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.

    Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with  2 item 4 has been fulfilled. This does not apply if the customer is a consumer.

    The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless Vesalia Computer is liable without limitation in accordance with  5 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be one year and six months from the transfer of risk, and for used items six months from this date, unless Vesalia Computer is liable without limitation in accordance with  5 item 7, in particular for detriment to life, body and health.

    Warranty formalities shall otherwise be carried out in congruence with the legal regulations.

    Vesalia Computer shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Vesalia Computer or a vicarious agent (e.g. the delivery service) of Vesalia Computer. Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of Vesalia Computer shall be limited to foreseeable damage.

  9. Place of Fulfilment and Place of Jurisdiction

    The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.

    The place of fulfilment for all services and products arising from business transactions with Vesalia Computer shall be Wesel, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law. If the customer is a merchant, legal person governed by public law or special fund under public law, Wesel shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.

  10. Closing Provision

    If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.


Bookmark (English/englisch): http://www.vesalia.de/e_agb.htm
Bookmark (German/deutsch): http://www.vesalia.de/d_agb.htm
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