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| Conditions of Use |
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1. Scope
All offers, sales, shipments and services by Kirchner-Berlin Onlineshop,
proprietor Leo Chwoika (Leberstr. 36/38, 10829 Berlin), will be carried out exclusively according these conditions of payment and delivery.
Thus these conditions hold for all future sales and business relations
also if not repeated explicitly.
Customers conditions of use and sale deviating from ours have no validity, even if we carry out orders before having rejected them.
The customer accepts the AGB with doing his order.
2. Accomplishment of the Contract
With clicking the button "Add to Cart", the customer adds the chosen product to his personal, virtual shopping cart. In this shopping cart, the customer has the possibilty to confirm or ,if necessary, to correct the content of the cart. At the next step, the customer can log into his account or has the possibility to create a new account. After that, the customer can control or change the delivery- and/or the billing-address of his order. One step further, the customer chooses the prefered paying-method. At the last step, the customer got to see a final summary of his order - the chosen articles, the addresses and the costs. With clicking the button "Confirm Order", the customer is doing a binding order of the goods being in his shopping cart. The purchase contract is concluded with the order-confirmation being sent per email or latest with the ordered good(s) being delivered.
Possible delivery-problems are communicated to the customer latest one week after the order has been set.
The regular deliverytime is 2-5 workdays within Germany, 4-7 workdays to the European Union (EU) and 5-10 workdays to the rest of the world. The products of Kirchner-Berlin Onlineshop are offered under reserve of the products availability for Kirchner-Berlin Onlineshop unless something else is arranged in writting for a special case.
An impossibility of delivery or a default of the date of delivery because of the product not being available to Kirchner-Berlin Onlineshop, legitimates the customer to withdraw the purchase contract after a period of at least 14 days.
Should additional costs incure thereby because of incorrect address-dates, or an default of acceptance by the customer, the customer has to bear these costs.
3. Product Information
Images, dimensions and specifications in our pricelists and on our Webpages are not guaranteed.
The right of mistakes, for example changes of colour or shape or other specifications of the content, is reserved by us.
4. Right Of Withdrawal
The customer has the right to withdraw his order (purchase contract) without stating a reason within 14 days in written form (f.e. by letter,fax,email) or by sending the order back.
The term starts earliest with the customer reading this instruction but not before the product(s) have been delivered. To keep the term, it is sufficient to send off the product(s) or the withdrawal in time to:
Kirchner-Berlin Onlineshop
Leo Chwoika
Leberstr. 36/38
10829 Berlin
email: kontakt@kirchner-shop.com
Withdrawal-Consequences
In the case of a potent withdrawal the received benifits are to be given back by both parties.
Is the returned product used, damaged or incomplete, Kirchner-Berlin Onlineshop reserves the right to demand compensation for the reduced value of the product.
Should the value of the product be reduced in a way that a resale is impossible or only possible with an unacceptable economical loss, the product will not be taken back.
There are no compensation claims of Kirchner-Berlin Onlineshop if the reduced value only refers to the examination of the order. The customer can avoid compensation claim if the order is merely examined in an appropriate extent.
If applicable, Kirchner-Berlin Onlineshop will set the compensation demand against the paid purchase price.
Kirchner-Berlin Onlineshop compensates the shipping cost for the return in the case of a value of goods of more than 40 Euros. In the case of a value of goods less than 40 Euros, the customer has to bear the costs if the delivered goods respond the ordered goods.
For sending a product back the customer has to use a save, if possible the original package.
5. Prices
These prices of products are in force, which are displayed on our website in the moment of the order. Kirchner-Berlin Onlineshop reserves the right to correct obvious mistakes.
Our prices include German sales tax but not the shipping costs.
Our prices are affected by changes in sales tax according the amount of the change and the legal requirements.
The right to change prices during a business-year is reserved by us.
All prices are stated in Euro (€).
6. Payment
The payment by bank transfer takes place by advance invoice. After an order the article will be reserved for 14 days (in the case of orders from outside of Germany 30 days). Kirchner-Berlin Onlineshop reserves the proprietary rights of an article until it is completely payed.
Should the product not be payed within these 14 (30) days (after invoice receipt), we reserve the right to cancel the order.
After the payment, the order will be delivered to the customer in a covered package.
Money transfers from outside of Germany have to be completed exempt from charges. All (bank) charges or costs caused by back posting of a bank-transaction, or a not covered bank-account or because of incorrect address-dates or an default of acceptance will be reclaimed from the buyer.
In the case of a payment per cash on delivery and of an personal delivery by Kirchner-Berlin Onlineshop, the payment has to take place immediately when receiving the article.
7. Shipping
The order will be shipped in a covered package. Kirchner-Berlin Onlineshop reserves the right to choose the Logistic-Partner(s) for the shippment.
The shipping costs are:
Within Germany:
- when paying by advance payment (bank transfer): 6,90 Euro.
- when paying by cash on delivery: : 14,90 Euro.
Within the European Union (EU):
16,90 Euro
Within the rest of the world:
34,90 Euro
8. Warranty
As far as there is no explicit conclusion of an agreement, all warranties are given according the prevailing legal requirements.
9. Claims for Indemnity
Kirchner-Berlin Onlineshop is liable for damaging the body, live or health of a person if the damage is caused negligent by Kirchner-Berlin Onlineshop or caused wilfully or negligent by a statutory agent or an auxiliary person of Kirchner-Berlin Onlineshop.
Furthermore, Kirchner-Berlin Onlineshop is liable for other damages if they are caused wilfully or grossly negligent by Kirchner-Berlin Onlineshop or caused wilfully or grossly negligent by a statutory agent or an auxiliary person of Kirchner-Berlin Onlineshop and for each default causing damage affects on contractual obligations which are of a special denotation for the attainment of the purpose of the contract (cardinal obligation).
Any exceeding liability for indemnity is excluded, no matter for what cause in law. Unaffected by this is the liability for indemnity because of an absence of warranted features and the liability for indemnity because of the Product Liability Act.
10. Privacy and more
All personal information transmitted to us are treated and stored according the Federal Data Protection Law (BDSG), the Telecommunications Data Protection Law (TDDSG) the European Data Protection Guidelines and other legal requirements.
According to BDSG, customers are entitled to demand correction, change, blocking or deletion of their personal data at any time.
We wont circulate Your private information to a third party without your permission. The information given to our Service-Partners to carry out the orders (such as the logistic company assigned with carrying out the order or the credit institute assigned with carrying out the payment-process of an order)is excluded from that.In those cases, however, the extend of given information is reduced to the necessary minimum.
11. Additional Clause
Disclaimer:
The content of the Website "Kirchner-Shop.com" is arranged to the best of our knowledge. We are not liable for the content to be complete, up to date or correct. Kirchner-Berlin Onlineshop is not liable for the content of Websites which are linked to our Website. To follow these links happens at ones own risk.
Severability clause:
Should one or more dispositions of the above "Conditions Of Use" be or become compeletely or partly ineffective,
the disposition which is the most similar to this disposition becomes effective.
All other dispositions are not effected by that and hold further on to the full extend.
An ineffective condition is to be replaced by a new condition that will effectively fulfil its economic purpose.
The legal requirements of the German Law are stringent for transnational business of Kirchner-Berlin Onlineshop.
Last change: 16.04.2007
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.jpg&w=100&h=80 "Shoulder Bag \"Fresco\"")
