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General Terms & Conditions
1. Purchase Agreement
The submission of your order in connection with our delivery of the
goods establishes a binding purchase agreement subject to the
conditions as set forth hereunder.
Your order is completed as soon as you click on the button "Make
payment“ und payment is confirmed by Saferpay. After payment you can
download your PDF-invoice. You agree to accept part shipment, subject
to availability.
2. Reservation of Ownership
The goods ordered and delivered hereunder remain in the sole and
exclusive ownership of Callsell GmbH until they have been fully paid
for.
3. Reservation of Availability of Goods
Our indicated delivery dates are subject to the regularity of our own
supplies and exclude any kind of delays caused beyond our own
responsibility. Damage claims for delayed and incomplete deliveries are
hereby expressively excluded.
In case of timely limited non-availability of a certain item, we will
advise you accordingly and offer you the choice to either wait or
cancel your order. If you want to cancel your order or if the item is
permanently not available payment will be refunded promptly.
4. Delivery Charges / Delivery
Charges for delivery within Germany amount to 9,00 € per parcel up to
31 kg and 17,00 € per 5 kg for deliveries to territories of the
European Community outside of Germany. Delivery is effected by Parcel
Service or Post. Unless otherwise agreed and provided that the items
ordered are in stock delivery takes one to two weeks to all territories
of the European Community after orders received.
5. Right of Cancellation and Return
You can cancel your order without giving reasons within 14 days from
the date of delivery by returning the goods delivered provided that
they are transportable and in saleable condition. Material to adherence
to the time limit is the date of dispatch. Return the goods along with
the invoice and the duly completed Returns Form (delivered to you with
the item) to the following address:
Callsell GmbH, Am Altenwerder Kirchtal 1-3, D-21129 Hamburg.
To protect the item from damage during transport it has to be returned in its original or equivalent packing.
In case of return of the item in time the product price will be
refunded to you. Shipping charges are expressively excluded from
re-payment. Make sure the goods are returned completely and including
all accessories and descriptions. Items consisting of several products
have to be returned completely. We reserve the right to charge you a
part of the purchase price for devaluation in case an item arrives back
incomplete, used or deteriorated.
You can avoid this by primary using the item after having decided to not take up your right of return.
Please note that we cannot accept the return or cancellation of an
order for the following items (unless faulty): items personalised or
made to your specification; DVDs, CDs, tapes, software or videos that
have been unsealed by you; cosmetics or earrings; swimwear or lingerie;
perishable goods such as flowers, food items, periodicals and
magazines.
Provided that the items delivered come up to your order but not to your
personal expectation and the order value is less than 40,00 €, the
goods have to be returned at your cost. Alternatively the legal
regulations are to be applied.
Please ask our customer service for further information:
phone: +49 180 530 60 20, fax: +49 40 68 998 888.
6. Reservation of Devaluation
We reserve the right to charge you a part of the purchase price for
devaluation in case an item arrives back incomplete, used or
deteriorated, unless deterioration is caused by testing the item like
it is customary in a retail shop.
Please use original or equivalent packing for return to avoid damage
during transport. We expressively do not take responsibility for
parcels which may be damaged or lost on their way back to Callsell GmbH.
7. Transport Damage and Obvious Product Default
Transport damages and other obvious product default must be claimed
without delay, but at the latest within 2 weeks from receipt and
communicated in writing. Claims for obvious product default are
expressively not accepted upon termination of such 2 weeks’ period.
8. Warranty
The legal warranty period is two years for contracts concluded after
01.01.2002, starting each with the delivery of the goods. Any
reimbursement is subject to the receipt of the defective item along
with a copy of the invoice and the duly completed Returns Form at our
above mentioned address. Defects in consequence of misuse are
expressively excluded from our warranty.
The Presentation of the items on TV, periodicals, magazines or on the
internet is to be regarded as description of features but not as
guarantee for the condition of the goods. A guarantee for the condition
of the goods is only taken over, when expressively confirmed in
writing. Reimbursement is limited to either repair or complete exchange
at first.
9. Liability
Claims for damages are hereby excluded unless the damage was either
caused by intention or gross negligence on the part of Callsell or an
essential contractual obligation was violated by Callsell. These
limitations of liability shall not exclude or limit our liability for
fraudulent misrepresentation or for death or personal injury caused by
our negligence.
10. Payment
Payment can be made by American Express, Visa and Mastercard. The entry
of all financial information like the issuer of your credit card,
credit card number and validity is effected on the secure sites of
SaferPay.
11. Data Security
We record personal information to process your orders in the first
place. Furthermore we use address data to keep you updated with
information about existing and new Callsell special offers, products
and services and to enable selected third parties to send you
information about related products or services that may be of interest
to you.
To opt-out of receiving any information please send an accordant
message to: Callsell GmbH, Keyword: Data Security, Frankenstrasse 3,
D-20097 Hamburg.
12. Validity
We
reserve the right to change our general terms and conditions anytime
without giving reasons. Such changes, however, shall not effect
purchases made before the change was effected.
Our customers accept the terms hereunder by submitting their order.
Should any of the terms hereunder become legally invalid, then this one
invalid term shall be replaced by another valid term as close as
possible in meaning and this shall not effect the validity of the
entire agreement.
11/2004
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