§ 4 supply, forwarding expenses
If differently does not agree, the supply takes place from stock to the ship-to-address indicated by the orderer. Data over the time for delivery are noncommittal, as far as exeptionally the date of delivery was not obligatorily assured. Partial deliveries are permissible and are considered as independent supplies, it are a partial delivery are exeptionally to the customer unreasonable. Thereby developing extra costs are not charged for to the customer.
All forwarding expenses, in particular packing, transport costs, transport insurance and feeds take place at expense of the customer. All prices and additional expenses are computed after the price lists used with Jody2Rad at the time of the supply and task to the dispatch. If Jody2Rad develops for forwarding expenses due to the indication of a wrong ship-to-address or a wrong addressee additionally, then these costs from the customer have to be replaced to, it are, it have the wrong indication not to represent.
§ 5 maturity and payment, delay
The purchase price becomes immediately due with order. The orderer can pay the purchase price by means of payment means offered with the order procedure, other payment means can we not accept. If the orderer - e.g. by a debit return - comes into delay of payment, then Jody2Rad is justified, interests at a value of 5% (with entrepreneurs: 8%) over of the German Federal Bank admit to demand given basis interest rate per annum. If Jody2Rad a higher damage caused by default developed demonstrably, Jody2Rad is justified to make these valid. A value added tax umsatzsteuer-Rückerstattung on the part of Jody2Rad is with orders over Internet - even if these come from the foreign country - in principle not possible.
For Rücklastschriften from direct debit or credit card back completions Jody2Rad reserves itself to raise an appropriate handling charge which can be determined in individual cases is not, the customer has the Rücklastschrift or the credit card back completion to represent.
§ 6 set-off, retention
A right for set-off is entitled to the orderer only if its counterclaims are recognized by Jody2Rad validly determined or. In addition it is only to that extent authorized to the practice of a right of lien, when its counterclaim is based on the same contractual relation.
§ 7 retention of title
Up to the complete payment of all requirements existing against the orderer the supplied commodity remains in the property of Jody2Rad.
§ 8 guarantee
Jody2Rad ensures that the delivery article is not afflicted with lack and the condition guaranteed if necessary exhibits.
With sales of Gebrauchtwaren the guarantee period amounts to 1 year, if the customer is consumer in the sense of § 13 BGB. With new commodity the legal guarantee period applies.
If the customer entrepreneur is in the sense § 14 BGB, the guarantee for Gebrauchtwaren is excluded. In all other respects the guarantee period amounts to opposite an entrepreneur for new goods one year starting from supply.
Small deviations of the object of the purchase concerning quality, color, form do not represent lack, as far as they are commercial and are reasonable the customer.
A condition for the guarantee is the intended use and one - related to the respective delivery article - normal demand as well as preventing, regular maintenance, as far as this is required for other reasons for the delivery article technically or. From the guarantee lack and/or damage are excluded, to lead back in particular are on inappropriate use, operatingconditioned wear and usual wear, operating error and negligence of the customer while handling the delivery article etc.
In case of a notice of defect the customer has to send the thing back with as exact an error description at us as possible. With the suspicion on transport damages or missing commodity, the packaging is to be kept absolutely to the opinion by consultants.
Lack by delivery of a subsequent delivery eliminated fails the rework and are not reasonable further rework attempts, can the legal warranty laws be made valid. It changes or if the orderer works on the commodity or if it lets such changes or extensions make through third, to that extent the guarantee, it expires is, to which orderer can prove that the change or treatment for the lack is not causal.
If communicated lack cannot be determined with examination, the orderer bears the cost of the examination. This applies also, if errors can be determined, but to incorrect operation or to disturbances to attribute are, which are not to be represented from Jody2Rad.
§ 9 adhesion
Jody2Rad is responsible tons rough verses for damage caused by it according ton the legally regularization into the cases chuldens (resolution and rough negligence), furthermore with assumption of a warranty, with one injury of lives, bodies or health, which can be represented, as well as in the cases one from Jody2Rad to inability and/or one from it, which can be represented, to impossibility which can be represented.
If Jody2Rad with simple negligence hurts a cardinal obligation or a contract-substantial obligation, its obligation to indemnify is limited to the contract-typical, foreseeable damage. In all other cases of the adhesion requirements for compensation are impossible against Jody2Rad because of the injury of an obligation from the obligation as well as because of bad action, so that Jody2Rad is not responsible to that extent for escaped profit or other financial damages of the orderer.
§ 10 data security
Jody2Rad is justified electronically to store and process the data indicated by the buyer. The data are used exclusively for business relations for the buyer.
§ 11 applicable right and area of jurisdiction
It applies German right under exclusion of the European and UN-Kaufrechts. As area of jurisdiction and place of delivery - so far legally permissible - Hamburg is agreed upon.
Conditions: August 2007
§ 10 data security
Jody2Rad is justified electronically to store and process the data indicated by the buyer. The data are used exclusively for business relations for the buyer.
Conditions: August 2007