Terms of service

 

Jurisdiction

The following terms and conditions of the company Subtwo, owner: Günter Josch, Kolpingstr. 3, D-49774 Lähden (Germany), are valid for all orders and deliveries to consumer (§13 BGB). From this divergent conditions need the written confirmation by Günter Josch.

Offer and order acceptance

Offers the company Subtwo are always and in all parts without obligation and subject to change. Given jobs are regarded first as assumed then if they are confirmed by Günter Josch. With award, the buyer explains his solvency. If well-founded misgivings emerge after job-assumption against the payment-worthiness, the company Subtwo is entitled either to do the fulfillment of the contract from a prepayment dependent, or to resign from the contract.

Delivery time and delivering duty

The delivery dates mentioned in an order confirmation are observed if possible, are non-committal, however. A delayed delivery doesn't entitle to the resignation or to the demand of compensation. With goods delivered to handing over and unopposed acceptance if necessary with a delay the delivery is regarded as assumed eke out and duly. Damage compensation entitlements because of delivery having not been carried out are also excluded, in principle.

The buyer doesn't have any claim to delivery in delivering ability because of acts of god, strike, shutout, delay in delivery of the pre-supplier and other events, which doesn't have to represent the company Subtwo, lacking cases. Buyers and the company Subtwo are entitled to the resignation under exclusion of claims for compensation in this case.

Prices

The mentioned prices are EURO, inclusive of the value added tax in the legal height. The prices valid on the day of the delivery are billed for in EURO as far as agreements non-differing from it are reached. The prices are ex warehouse valid plus freight provided that nothing else is agreed on.

Terms of payment

Deliveries are carried out against preauthorized payment mandate or pre-cash provided that not divergent conditions are agreed on. Partial shipments are subject to the same terms of payment. Checks are more fulfillment due and not to fulfillment instead of assumed. The company Subtwo isn't obliged to the acceptance.

Right of revocation

As a consumer (§13 BGB) you have a legal revocation right. Consumers are entitled there declaration of intention directed on the completion of the contract (according to §312d paragraph 2 i.V.m. §355 to revoke BGB). Consumer is every natural person who closes a legal deal for a purpose, which can be added neither her commercial ones nor her independent professional activity (§13 BGB). They can revoke as a consumer as a rule theirs on the end of the contract directed declaration of intention (§312d paragraph 1, sentence 1, 355 BGB). The revocation needs no grounds (§355 paragraph 1, sentence 2, BGB).

The revocation right passes (according to §312d paragraph 4, BGB) among other things not with distant sales contracts for the delivery of goods, which are made after specifications of the customer or are cut unambiguously on the personal needs of the customer.

Practice of the revocation right

You can revoke your contract explanation by return of the thing within 14 days, or what, as a consumer without giving reasons in text form (letter, fax, e-mail etc.), if the thing is left to you before period expiry. The period starts upon receipt of this instruction in text form, however not in front of receipt of the product at the receiver (on the recurring delivery of uniform goods not in front of receipt of the first partial delivery) and also not before fulfillment our information duties (in accordance with articles 246 §2 in connection with §1 paragraph 1 and 2, EGBGB) as well as our duties (in accordance with §312g of para. 1, set of 1 BGB in connection with articles 246 §3 EGBGB). The consumer carries the burden of proof for consignment and entrance of the thing to be returned. In principle, the costs of the return aren't refunded.

The revocation is to be directed to:

Subtwo - Klang in Form
own. Günter Josch
Kolpingstr. 3
D-49774 Lähden (Germany)

Complaint about defects

In principle, transportation damages can immediately be asserted opposite the carrier. Facts of the matter have to be applied for to the carrier immediately at unloading of the goods. Complaints about recognizable defects must immediately, at the latest be announced in writing within 8 days after receipt of the product. Hidden defects have to be in writing shown immediately after information. In every case the guarantee period is limited for 24 months as of delivery date. A liability for resultant damages is excluded.

Liability for defects

The guarantee claim of the buyer extends this or what, readily isn't possible for himself satisfactorily after choice by the company Subtwo on improvement, on substitute delivery of either the same or similar articles and goods. If a substitute delivery shouldn't be possible, the buyer can demand reduction or change of the contract. Claims going beyond it, such as compensation because of non-payment or claims (acc. to §476a BGB) are impossible. The buyer has to return the queried product carriage paid at the disposal to hold and according to a conjoint consultation with the company Subtwo duly packs these at own risk. The company Subtwo will refuse the acceptance of returned, queried goods without a previous consultation. The resignation because of an insignificant defect is excluded.

Reservation of ownership

The delivered product remains up to the entire payment of all demands from the business connection with the customer in central issue and secondary matter a property of the company Subtwo.

General regulations

Should single parts of these general terms of business be ineffective, through this the effectiveness of the remaining regulations is not touched. It is worth exclusively the right of the Federal Republic of Germany. A place of fulfilment and exclusive legal venue for all disputes from or in connection with this contract (according to §29 ZPO), is the place of business of the company Subtwo in D-49774 Lähden (Germany). (August, 2013)

(C) 2014 Subtwo - Klang in Form