Imprint / General Trading Conditions

Imprint

Designed and supervised by

Manuela Wich GbR
Göritzenweg 4
D-96247 Michelau

Tel. 0049 73 92 / 70 91 769
PC-Fax. 0049 32 12 / 65 46 301
Mail

Legal representative: Manuela Wich
VAT identification number: DE275561603
Tax-No.: 230/287/50005

Disclaimer:
In its decision of 12 May 1998, the District Court of Hamburg ruled that if a link is included on a website, the person who created the link could be responsible for the contents of this linked page. According to this decision, such liability can be avoided only by expressly disassociating oneself from said contents. We have placed links on different pages of this homepage to other websites on the Internet. For all these links we expressly disassociate ourselves from any and all contents of such pages that can be accessed by links on our website and that we do not make use of any contents on nor adopt any views of any linked page. This declaration applies to all links placed on our website and to any contents of the websites that can be reached by links and banners on our website. We assume no liability for them! By using this information you recognize the aforementioned conditions as legally binding.


General Trading Conditions
(Version from December 2010)

This translation may contain errors. The German version is determining.

Your sales contract comes off with Manuela Wich GbR, Göritzenweg 4, 96247 Michelau, Germany. The business will be represented by the managing director Manuela Wich.

Contents: 1. Range of validity
2. Participants
3. Contractual item
4. Conclusion of a contract/ Cancellation instruction
5. Delivery
6. Price, Terms of payment
7. Retention of title
8. Warrantee
9. Liability
10. Choice of law
11. Area of jurisdiction
12. Data security

▲ 1. Range of validity
1.1 For all mutual demands from and in connexion with a conclusion of a contract between the customer and Manuela Wich GbR always applies these general trading conditions in their valid version at the time of the respective conclusion of a contract.
1.2 In case of of collisions applies first these general trading conditions thereafter the legal provision.


▲ 2. Participants
2.1 Manuela Wich GbR completes contracts with customers who are unrestrictedly competent natural persons over 18 years as well as artificial persons, both with residence/ domicile in the Federal Republic of Germany, Austria or Switzerland (mentioned below as "customers"). As far as the offer of an not accepted participant was adopted inadvertently by Manuela Wich GbR, Manuela Wich GbR is justified within an appropriate period for the declaration of the resignation of the contract opposite the customer.

▲ 3. Contractual item
3.1 Manuela Wich GbR supplies goods ordered by the customer or performs services after receipt of the offer. In all other respects applies § 434 Abs. 1 Satz 3 BGB (German law). In the case of rescission, then Manuela Wich GbR is obligated to credit immediately performed deposits and/or pre-payments or when desired to pay back by cheque or remittance.

▲ 4. Conclusion of a contract/ Cancellation instruction
4.1 The contract comes off by acceptance of the customer's order by Manuela Wich GbR. The customer is informed about the conclusion of a contract by Manuela Wich GbR by a confirmation of order within 14 days after receipt of the customer's order.
If delivery cannot be effected within 14 days, then after the expiration of the aforementioned period a new supply by Manuela Wich GbR is to be seen as a new offer. With the acceptance of the delivery the customer adopts this offer.
By order via Internet, Manuela Wich GbR will confirm the receipt of the appointment immediately on electronic way.
4.2 Due to the legal right of revocation of the customer first a floating effective contractual relation comes off by the order and its acceptance on the part of Manuela Wich GbR. The customer can cancel his contract declaration within 14 days in text form (e.g. letter, fax, e-mail) without stating reasons. The period begins with fee of the appointment, however at the earliest with receipt of this instruction. To preserve the period of revocation, it is sufficient to dispatch the revocation in time.
The revocation has to be addressed to:
Manuela Wich GbR, Göritzenweg 4, 96247 Michelau, Germany
Tel. 0049 73 92 / 70 91 769, PC-Fax. 0049 32 12 / 65 46 301, E-mail:
4.3 Revocation sequences
In case of an effective revocation received performances are to be refunded on both sides. If the customer cannot refund received performance totally or partly or only in worsened condition, the customer must carry out to that extent if necessary for indemnification according to value.
4.4 Individually manufactured pictures of the customer are excluded from cancelling if the complaint is not due to production errors. End of the revocation instruction


▲ 5. Delivery
5.1 This amount contains the service costs laid out for you, postage-repays and of packing costs.
5.2 Manuela Wich GbR carries the entire risk for deteriorations or loss of the commodity on the route of transportation to the customer. Manuela Wich GbR asks for notification within 24 hours in the case of incomplete delivery or deterioration on the route of transportation.
5.3 If only one part of the order should not immediately be available, the remaining goods are delivered subsequently without computation of forwarding expenses.
5.4 Delivery will only be effected after receipt of payment and/or direct debit.


▲ 6. Price, Terms of payment
6.1 The quotations are end prices and contain the value added tax valid on this day.
6.2 On the invoice apart from the net price for the commodity the prices for supplementing performances are proven: Packing, dispach department, service, etc., as well as in each case at the time of the rendering of invoice the valid value added tax.
6.3 Payment will be effected with private persons by payment in advance as well as with dealers by direct debit when desired.


▲ 7. Retention of title
7.1 Property at the commodity turns into to the buyer on delivery. As far as Manuela Wich GbR exchanges a commodity in the context of the guaranty, it is already today agreed upon that the property at the commodity is exchanged in reverse mutually during that time from the customer to Manuela Wich GbR, in that way that on the one hand Manuela Wich GbR gets the commodity sent back by the customer and/or the customer receives the exchange supply form Manuela Wich GbR.

▲ 8. Warrantee
8.1 Manuela Wich GbR ensures that at the time of the transfer the products have the agreed condition and/or are free from material defects, that is they are suitable for those the contract presupposed uses or for the usual use and point a condition. In all other respects the legal dispositions applies pursuant to § 434 Abs. 2 und 3 BGB (German law).
8.2 The customer has to examine the commodity immediately after receipt of the delivery for completeness or any lack within two weeks at the latest and will send immediately a notice of defects in case of inconsistency. With hidden lack the report is to be made anyhow within the guaranty period. In all other respects the legal dispositions applies pursuant to §§ 434 ff., 475 Abs. 1 BGB (German law).
8.3 In the case of the lack the customer can request the removal of the lack or the delivery of a faultless thing pursuant to § 439 BGB for his election. Manuela Wich GbR can refuse the kind of the replacement selected by the buyer in context to §439 (German law), if it is only possible with disproportionate costs. Withdrawal is impossible, if the lack is slight and insignificant. In all other respects applies § 437 BGB (German law).
8.4 Legal dispositions apply regarding any claims for damages because of lack of the things.


▲ 9. Liablity
9.1 Manuela Wich GbR, its management and its coworkers are liable in cases of positive account receivable injury, being to blame for with conclusion of a contract, default, impossibility, of tort as well as from other argument with premeditation and rough negligence. If imprisonment for debt damages at lives, health or bodies arose, in case of the culpable injury of contractual cardinal obligations (main contract obligations) or with bad-cunning deception as well as in case of a claim pursuant to § 437 Ziffer 2 BGB (German law) Manuela Wich GbR is liable to the legal extent. Only with an injury of cardinal obligations the liability for coworkers of Manuela Wich GbR is limited to the typical, predictable damage. Indirect damages are to that extent impossible. On delay the business customer has alternatively the right to the compensation to withdraw from the contract.
9.2 The range of a liability of Manuela Wich GbR pursuant to the product liability law remains untouched.
9.3 The managing provisions show the complete extent of liability of Manuela Wich GbR, their management and their coworkers.


▲ 10. Choice of law
10.1 On the legal relations between Manuela Wich GbR and customer as well as on the respective trading conditions the German right finds application. The use of the UN-convention about contracts for the international goods purchase of 11th April 1988 is impossible.
10.2 The provisions of digit 10.1 leave compelling provisions of the right of the state, in which the customer has his usual stay, unaffected, if and as far as the customer completed a sales contract, which cannot be added to the vocational or commercial activity of the customer (consumer contract) and if the customer made the legal acts necessary for the conclusion of the sales contract in the state of his usual stay.


▲ 11. Area of jurisdiction
11.1 Exclusive area of jurisdiction is Lichtenfels (Germany) or another legal area of jurisdiction chosen by Manuela Wich GbR, as far as the customer is a dealer in the sense of the commercial code or a body of the public right.

▲ 12. Data security
12.1 Your provided data for a fast and error free treatment are stored in our EDP. The treatment of the left data is affected in agreement with the provisions of the Federal Law for Data Protection as well as the Teledienstdatengesetzes.

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