| General Terms and Conditions |
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The basis for business relations between AKUwear and the customer are the prevailing general terms and conditions. AKUwear carries out the order on the basis of the following general terms and conditions. The conditions effective at the time of the order are to be applied. AKUwear does not accept other conditions stated by the customer unless AKUwear has given explicit written consent to do so. §1 Conclusion of contract in case of order The contract becomes only effective if AKUwear accepts the order. The confirmation of receipt of the order does not cause a conclusion of contract. AKUwear asks the customer to check the order confirmation for obvious spelling mistakes or miscalculations and for deviations between order and confirmation. The customer is obliged to inform AKUwear immediately of any differences. If such differences occur, AKUwear is entitled to withdraw from the contract. If the case should arise the merchandise is not available during a considerable time span due to data mistakes and AKUwear cannot process the order or cannot process the order on base of the given data, AKUwear reserves the right to withdraw from the contract, too. §2 Power of Revocation The customer is entitled to revoke his declaration of intention directed at a completion of the contract within two weeks after receipt of the merchandise. For the observance of the deadline, it is enough to send either the revocation or the merchandise to AKUwear, Am Glockenbusch 22, 33106 Paderborn, on time. The customer has to prove the dispatch and receipt of the merchandise to be returned. The customer may remove the packaging from the merchandise to check it for defects. In case of any further use, AKUwear reserves the right to charge the customer for decrease in value and the value of use. If the customer has already paid the purchase price, AKUwear is entitled to subtract the decrease in value from the repayment. In individual cases, the decrease in value may tally with the purchase price. In case of revocation, AKUwear reimburses the customer for the already paid purchase price if necessary. If AKUwear has paid any costs of return, these are subtracted if necessary. If the repayment is made to a customer abroad, the costs of transfer are subtracted, too. §3 Terms of Delivery AKUwear delivers the ordered merchandise on behalf and on account of the customer by either Mailboxes etc. Paderborn or another delivery service engaged by AKUwear. AKUwear states the following costs separately on the invoice: shipping charges, postage expenses, and packaging costs. Additional delivery charges for partial deliveries are paid by AKUwear. Place of performance is our deliverywarehouse. Statements concerning delivery deadlines are not binding unless the customer has been assured a binding delivery day which would be an exception. The bank particulars of AKUwear: Bank: Deutsche Bank Höxter, Germany Bank Code: 472 700 24 Account number: 5738828 Account holder: AKU wear GbR SWIFT/BIC: DEUTDEDB958 IBAN: DE39472700240573882800 §4 Terms of Payment and Reservation of Proprietary Rights The delivered merchandise is property of AKUwear until completely paid. The purchase price is due on receipt of the merchandise. AKUwear is entitled to withdraw from the contract if the customer falls behind with a payment. §5 Liability in Case of Defects A warranty obligation is effective if the delivered merchandise has defects. In this case, the customer may choose between the remedy of defects or a replacement of merchandise. If AKUwear denies the fulfillment of contract once and for all or the remedy of defects or the replacement have failed, the remedy of defects is not reasonable for AKUwear, or AKUwear has denied it according §439 par.3 BGB (German law) due to excessively high costs, the customer may withdraw from the contract according the legal regulations, or reduce the purchase price, or demand compensation instead of the aforementioned services. The period of limitation for a warranty claim regarding the delivered merchandise is two years from the time of delivery. §6 Data Protection AKUwear processes and stores the customer´s personal data taking the Federal Data Protection Act and the information- and communication service-law (all mentioned laws are effective laws of The Federal Republic of Germany) into account. §7 Liability AKUwear is liable unlimited for compensation of culpable damages due to intentional or gross negligence by AKUwear or its vicarious agents. In case AKUwear has guaranteed a special quality of the merchandise, the ability to procure it, or has agreed to any other guarantee, it is liable for damages caused by non-fulfillment of such aguarantee referring to the regulations of the product liability law or other obligatory legal liability regulations. In case of minor violation of substantial contractual obligations, AKUwear is liable for unexpected damages to an extent typical of a contract which is usually tallying with the purchase price of the ordered merchandise. A more extensive liability is inapplicable. The legal periods of limitation are effective. Aforementioned regulations are to be applied to all claims for damages no matter on what legal basis, especially liability to wrongful acts. Address for service: AKUwear GbR Am Glockenbusch 22 33106 Paderborn Germany §8 Final Regulations German law is in force, excluding UN-sales law, even if the order origins from abroad or the merchandise is delivered abroad. If the customer´s residence or permanent address is abroad, court of jurisdiction is Paderborn for all claims regarding the order. AKUwear is entitled to sue the customer at his place of general jurisdiction, too. The customer is only entitled to claim set-off or reduction if his counterclaims were identified legally valid or AKUwear has accepted them in written form. The customer is only entitled to retention if the claims base on the same contract. If one ore more clauses of these terms should become partially or totally void, that does not affect the remaining regulations. Paderborn, April 2007 |