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Main page » Catalogue » Conditions of Use

General terms of business (Terms and Conditions)
State: 01.01.2006
1. universal / completion of the contract
1.1. The bill of sale comes about if we accept your order by delivery of the product, or by sending of a confirmation of order in text form.

Of 2. prices and payment terms
2.1. The list prices count to the delivery at the time of the order.

2.2. All our prices contain 7%, or 19% of value added tax and get on plus forwarding expenses, if necessary COD charges, installation and training costs etc. according to dispatch kind are calculated the forwarding expenses as a function of size, weight and number of the parcels.

2.3. Our calculations are due immediately and are payable net without deduction. A payment counts only as occurred when we can dispose of the amount. In case of a default we are entitled to calculate interests on arrears for consumers at the rate of 5% and for enterprisers at the rate of 8% about the respective base interest rate sentence of the EZB to Diskont-Überleitungsgesetz. Changes or cheques are accepted only according to the arrangement and fulfilment-half and count only after her redemption as a payment. Diskont and move expenses go to loads of the customer. For the timely presentation we take over no liability.

2.4. Retention rights are entitled only to enterprisers, as far as their counterclaim on the same contractual relationship was based and this has ascertained legally or has been recognised by us in writing.

3. term of delivery
3.1. All articles which are available with us from camp immediately are brought as a rule within 24 hours on the dispatch way. If articles are not available immediately, so that the delivery time is delayed, we will immediately inform the customer of it. An especially quick delivery of the product is possible in the express train dispatch in 24 hours if your order is entered on time and the product is available.

3.2. The agreed term of delivery begins with the uncontradicted or confirmed order.

3.3. The term of delivery is extended if necessary by the time, until the buyer has handed over all information and documents which are necessary for the execution of the order.

3.4. The delays of delivery which are caused by legal or official orders (e.g., import and export restrictions) and are not to be represented from us extend the term of delivery according to the duration of such obstacles. We will immediately inform of their beginning and end in important cases the buyer.

3.5. We get with the delivery in delay, our pity obligation to indemnify is limited in case of light carelessness to the predictable damage. Further pity claims for damages exist only if the delay is based on intention or coarse carelessness.

4. delivery, dispatch, danger crossing
4.1. Part deliveries by us are allowed, as far as this is reasonable to the buyer.

4.2. We can determine the dispatch kind, the dispatch way and the company commissioned with the dispatch after our judgement, provided that the buyer gives no explicit instructions.

4.3. In case of a consumer goods purchase the danger on the buyer goes over, as soon as the broadcasting with the objects of delivery of the forwarding agent will hand over to the buyer. Provided that the transport packaging by goods handing over and the articles contained in it evident damages point, the buyer has to reprimand this towards us within five working days. Otherwise claims of the buyer can be rejected concerning the damage taking into account Faithfully and faith.

4.4. Please, follow also our information about dispatch and delivery.

5. cancellation right with distant sales contracts
5.1. To the consumer i. S.d. §13 Civil Code a cancellation right is entitled with distant sales contracts. In accordance with the distant sales law he has within two weeks the possibility to revoke the contract without grounds. The term begins at the earliest with preservation of this instruction. The cancellation can occur in text form (e.g., letter, fax, e-mail) or by return of the product; for the term protection the timely sending is enough in: Notebook-Center-Nord, Berliner Damm 5-11, 25479 Ellerau, Germany, Tel. +49(0)4106/641010  info@notebook-center-nord.de

5.2. The consumer has to carry the costs of the return if the delivered product of the ordered ones corresponds and if the price of the thing to be sent back does not exceed an amount of 40 euros or if the consumer has produced the consideration or a by contract agreed hire-purchase with a higher price of the thing at the time of the cancellation not yet. Otherwise the return is free for the consumer. Depreciations from designated use are to be refunded by the consumer, unless, the decrease is to be led back merely on the check of the product. Depreciations can be avoided if the goods are treated carefully and the installation is carried out by components exclusively by certified and authorised technical staff.

5.3. A cancellation right does not exist basically with: CDs, DVDs, CD-ROMs, software, software licences and videos which were unsealed by the consumer. Also with the goods which were made after customer specification, e.g., BTO systems, a cancellation right is excluded.

5.4. The consumer has financed this contract by one advance provided by us and he revokes the financed contract, he is also not bound to the loan contract any more. With regard to the back winding up the consumer can keep not only to us, but also to his lender.

6. goodwill taking back / non-acceptance
6.1. At the end of the 2-week cancellation term or with buyers, the not consumers i. S.d. §13 Civil Code are, a goods taking back occurs only with as can be proved wrong supply. With exchange request, taking back request or credit request whose cause we do not have to represent a winding up occurs only after written confirmation through the shop assistant. This also counts in case of the collection from us to the examination of the taking back request. Basic condition for this is the state of the product and their state capable of resale. The allowance amount to be expected arises from the retail price to be achieved at the time of the entrance, less a cancelation fee and handling charge of 10% of the invoice amount.

6.2. Takes a buyer, the not consumer i. S.d. §13 Civil Code is, the sold product from, we are entitled to exist alternatively on decrease or to require 10% of the purchase price as a lumped everything together damage and expenditure substitute unless, the buyer does not prove that a damage has not originated or by lower height. In case of an extremely high damage we reserve ourselves the right to assert this. For the duration of the acceptance delay of the buyer we are entitled to store the objects of delivery on danger of the buyer with himself, with a forwarding agency or a warehouse keeper. During the duration of the acceptance delay the buyer has to pay 15 euro to us for the originating warehouse charges without other proof per month inclusively. The all-inclusive compensation diminishes to such an extent as the customer proves that expenditures or a damage have not originated. In case of extremely high warehouse charges, we reserve ourselves the right to assert this.

7. Retention of title
7.1. We keep to us the property in the purchase thing up to entire payment of all demands from the supply agreement including Nebenforderungen (e.g., change costs, financing costs, interest etc.) before. With behaviour contrary to the terms of the agreement of the buyer we are entitled to demand back the purchase thing. In the withdrawal as well as in the Pfändung of the reservation thing lies no resignation of the contract.

7.2. With Pfändungen or other interventions of third the buyer has to inform us immediately in writing.

7.3. A processing or reorganisation of the purchase thing by the buyer is always carried out for us. If the purchase thing with others, us does not acquire to belonging objects processed, so we the joint ownership in the new thing comparatively of the value of the purchase thing to the other processing objects at the moment of the processing.

7.4. The buyer is entitled to resell the goods in the well-arranged commercial way. Nevertheless, he already resigns now all demands towards his buyer or third from the wide disposal by height of the Faktura-final amount to us.

8. guarantee / disclaimer of liability

8.1. We guarantee for a duration of 24 months from delivery date that the objects of delivery are according to the respective state of the technology freely from mistakes. A liability for normal wear is excluded. With used product the guarantee duration amounts 6 months from delivery date.

8.2. We take over no guarantee for defects and damages which have originated from inexpedient or improper use, nonobservance of application tips or faulty or negligent treatment. This counts in particular to the company of the objects with wrong stream kind or stream tension as well as connection in inexpedient stream springs. The same one counts to defects and damages which are to be led back on the basis of fire, bolt of lightning, explosion or net-conditioned Überspannungen, humidity of all kind, wrong or missing program software and/or processing data, unless, the buyer proves that these circumstances are not causally for the reprimanded lack.

8.3. The guarantee goes out if the buyer carries out interventions and/or repair in devices or allows to carry out by persons who were not authorised by us, provided that the appeared lack is based on it.

8.4. Evident defects are to be indicated at the latest within two weeks after receipt of the delivery in writing and for the term protection the timely sending is enough; otherwise all fault claims are excluded for this. In the business traffic counts with priority §377 HGB.

8.5. In the guarantee case the consumer is entitled after his choice to the assertion of a right on fault removal or delivery of product free of lack (subsequent performance). Provided that the elective kind of the subsequent performance is connected with unreasonably high costs, the claim in the kind remained in each case of the subsequent performance limits itself. Within the scope of the delivery of product free of lack the exchange counts in höherwerigere products with comparable qualities already now as accepted, provided that this is reasonable to the consumer (e.g.: Exchange in the succession model, the same model series, etc.) . Further rights, in particular the cancellation of the bill of sale, can be asserted only at the end of an adequate term to the subsequent performance or 2-times missing of the subsequent performance.

8.6. If it concerns with the buyer an enterpriser, we are entitled within one year after delivery date after our choice to the fault removal or delivery of product free of lack for the purposes of §439 Civil Code. At the end of one year from delivery date his guarantee claims to fault removal or current value credit limit themselves after our choice. If the enterpriser Aufwendungsersatz i had to go. S.d. §478 II Civil Code demands, this limits itself to max. 2% of the original goods value. The claims which go back on §478 Civil Code are by the 24-month guarantee for enterprisers after 8.1 abgedungen for the purposes of the equivalent balance after §478 IV p. 1 Civil Code.

8.7. By an exchange within the scope of the guarantee / guarantee no new guarantee terms and warranty terms come into force; §203 Civil Code remains untouched.

8.8. With the exception of the liability for an injury of life, body and health further claims of the buyer - immediately for which legal argument - are excluded, untill expressly something else was agreed. Therefore, we do not stick for damages which have not originated in the object of delivery immediately; in particular we do not stick for escaped profit or other property damages of the buyer. Preceding liability freeing does not count, provided that the damage is based on intention, coarse carelessness or absence of an assured quality, injury of contract-essential duties, achievement delay, impossibility, as well as claims after §§1, 4 of the product liability law. We do not stick for the restoration of data, unless we have caused the loss deliberately or roughly negligently and the buyer has made sure that a data protection has occurred, so that the data with defensible expenditure can be reconstructed.

9. resignation with property deterioration We can withdraw from the contract if a payment setting, the opening of the liquidation proceedings or judicial settlement proceedings, the refusal of the bankruptcy become known to us in the absence of mass, change or cheque protests or other concrete clues about deterioration in the property relations of the buyer.

10. software, literature by delivery of software count after our conditions the special licences and other conditions of the manufacturer. With the acceptance of the software the buyer recognises their validity expressly.

11. use of customer data We are entitled to process all data which concern business connections with the buyer, according to the federal data protection act.

12. export licence, perhaps, for the exportation of the delivered product necessary approvals of the Federal Office for commercial economy in Eschborn/Taunus are to be caught up by the buyer in own name and at own expenses. The refusal of such an export licence does not entitle the buyer to withdraw from the contract.

13. legal venue, partial ineffectiveness, applicable right
13.1. In the business dealings with businessmen and with juridical persons of the public right, it is agreed as a legal venue for all civil disputs arising from the contract, including change and cheque complaints, Hamburg; we are also entitled to complain in the seat of the buyer.

13.2. With ineffectiveness of single regulations of the supply agreement or these general terms of business the remaining regulations remain furthermore effective, the german version is valid.

13.3. In the business dealings with consumers within the European Union the right in the residence of the consumer can be also applicable, provided that it acts compelling around consumer-juridical regulations.


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 © Notbebook Center Nord 2006 || technische Umsetzung Shopservice, Ch. Pohl
 
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