General terms and conditions
§1 Area of agreement
For buying products in our online shop only the following terms and conditions are valid in the form they were worded at the time of ordering. Any rules variant of these conditions, are only effective if they are confirmed in written way by us.
§2 Conclusion and cancellation of contract
1. The seller binds himself to obey orders as specified in the auctions descriptions.
2. The seller reserves himself the right to cancel the contract in case of typing-, printing- or arithmetical error in the auctions description.
§3 Delivery
1. Basically delivery takes place from stock to the address specified by the customer.
2. In case the buyer is consumer the risk passes over to the buyer as soon as the delivery was handed out to the buyer. If the buyer is merchant (§14 BGB), the risk passes over to him as soon as the delivery is handed out to the shipping agent, carrier or any person or institution who was appointed to deliverance.
3. The seller is entitled to partial delivery. In case of partial delivery any additional cost for shipping are carried by the seller.
4. Any time of delivery is without obligation provided that there wasn’t a delivery date certified firmly.
§4 Prices and shipping costs
1. All prices are including sales tax.
§ 5 Right of rescission
Revocation instruction
Right of revocation
You may declare the revocation of your contractual statement in text form within a period of 14 days without giving reasons in text form (for example by letter, fax, e-mail) or - if the products have been committed to you before the end of the period - by returning the products. The period starts with the receipt of this instruction in text form, however, not before the receipt of the product at the receiver (with the recurrent delivery of products of the same kind not before the receipt of the first part delivery) and also not before the fulfilment of our duties of information according to article 246 §2 in connection with §1 part 1 and 2 EGBGB as well as our duties according to §312e part 1 sentence 1 BGB in connection with article 246 §3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to:
Thai-Amulet-Fair e. K.
Manager: Nareerat Uhlherr
Badorfer Str. 84
D-50321 Brühl-Badorf
Germany
E-Mail: thai-amulet-fair@email.de
Fax: 0049 2232 – 9699657
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable.. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use.
Things that can be shipped by parcel are to be returned on our risk.
You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment.
In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up.. All reimbursement obligations must be fulfilled within 30 days. For you the time-limit starts with the dispatch of your declaration of revocation or the return shipment, for us it starts with the receipt of it.
End of revocation instruction
§ 6 Retention of title
Until the full payment of all claims, the delivered goods remain the property of the seller.
§ 7 Compensation, right of retention
The buyer has the right to offset only if the counterclaims are undisputed by the seller or legally valid. The buyer is only allowed to execute his right of retention, insofar as his counterclaim is based on the same contract.
§ 8 WARRANTY
(1) If the goods ordered are deficient before transfer of risk and therefore no longer suitable for the use required in the contract, the buyer first has the right to choose between remedying the defect by repair / improvement or delivery of a new item within the statutory warranty period.
(2) If it is an easily correctable deficiency, the buyer can not insist on a new delivery. If the rework fails, the buyer may reduce the purchase price or withdraw from the contract.
(3) The warranty rights for used items expires after one 1 year.
(4) If the buyer is an retailer (§ 14 BGB) warranty is completely excluded.
§ 9 Liability
(1) The seller bears unlimited liability according to obligatory legal liability.
(2) For careless breach of contract, the sell is liable to the amount as limited to typical contractual foreseeable damage, usually it does not exceed the purchase price of the goods ordered. He is not liable furthermore. Legal statutes of limitations apply.
§ 10 PRIVACY
(1) The buyer is aware and agrees to the fact that for execution of contracts the necessary personal data is stored on disks by the seller and may be transmitted to associated companies to handle the order. The buyer agrees formally to the collection, to processing and use of personal data.
(2) The personal data is naturally treated confidential by the seller. For purposes of credit verification, the seller reserves the right exchanging information with credit agencies.
(3) The collection, processing and use of personal data shall accomplish in observation of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
(4) The buyer has the right to withdraw his agreement at any time to be effective immediately for future acting. In this case the seller is obliged to delete the personal information of the buyer immediately. At current usage conditions, the deletion will take place after the termination of the contract.
§ 11 Applicable law and legal domicile
(1) The relationship between seller and buyer are subject to the laws of the Federal Republic of Germany excluding the UN sales law.
(2) Legal domicile is Cologne, provided that the customer is a merchant or a legal entity under public law or governed under public law.
