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General Terms and Conditions
|Section 1 - General Terms
1. The following General Terms and Conditions are part of the contractual relationship between SACORA-Computersysteme GmbH (hereinafter referred to as "Sacora GmbH") and the customer concerning the delivery of the goods selected by the customer on the websites www.camubox.de, www.camubox.eu, and www.camubox.com. Any deviating customer conditions will not be recognized by Sacora GmbH, unless Sacora GmbH expressly agrees in writing to their validity.
2. Quotations by Sacora GmbH are non-binding and subject to confirmation. They apply only to the German market. Orders by customers of Sacora GmbH are binding proposals. Sacora GmbH can accept the customer's proposal at Sacora's own option by direct shipment of the goods or by order confirmation within a period of eight days. Sacora GmbH points out that the option of delivery is, and will remain, reserved. The customer's order is accepted on the conditions indicated on the websites www.camubox.de, www.camubox.eu, and www.camubox.com. Information concerning the subject of delivery and performance amounts to a product description.
3. The customer's rights resulting from the contract are transferable only with the prior consent of Sacora GmbH.
Section 2 - Right of Revocation
Only as a consumer in terms of Section 13 of the Civil Code may you revoke your contractual declaration within a period of 14 days in writing (e.g. letter, fax, e-mail) without giving reasons or - if the goods are surrendered to you before the deadline is over - by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods by the recipient (in case of recurring delivery of goods of the same kind not before receipt of the first partial delivery) nor before complying with our duty of information pursuant to Section 312c, paragraph 2 of the Civil Code in conjunction with Section 1, paragraphs 1, 2 and 4 of the Civil Code Information Decree as well as our obligations under Section 312e, paragraph 1, sentence 1 of the Civil Code in conjunction with Section 3 of the Civil Code Information Decree. Should the product have been purchased by internet auction, the deadline is one month. In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time.
The revocation must be sent to: SACORA-Computersysteme GmbH, represented by the Managing Director Sven Raiser, Vogtshaldenstraße 48, D-72074 Tuebingen, Germany, E-mail: infocamubox.de, Fax: +49 7071 9990985
Section 3 - Consequences of Revocation
In case of an effective revocation, the benefits received by either party have to be restituted and potentially drawn profits (e.g. interest), surrendered. If you cannot restitute to us the entire or parts of the service/goods received or only in a deteriorated condition, you may be obliged to pay an indemnification. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop. For any deterioration that occurred by using the goods as intended, you do not have to pay an indemnification. Goods that may be dispatched as a parcel are to be sent back at our risk. You have to bear the cost of returning if the goods ordered are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. Otherwise, returning the goods is free of charge for you. Goods that cannot be shipped as a parcel will be picked up at your premises. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period begins upon dispatch of your statement of revocation or of the goods, for us, upon reception thereof.
Section 4 - Delivery Periods and Terms of Delivery
1. The agreement on a binding delivery date between Sacora GmbH and the customer can be made orally and will be confirmed by Sacora GmbH in writing or by e-mail.
2. The term of delivery is respected, if up to its end the goods to be delivered left the factory or if the goods to be delivered are ready for dispatch when the customer picks them up and the customer is notified thereof.
3. The delivery period is extended proportionately in cases of force majeure and on the basis of events complicating delivery fundamentally to Sacora GmbH or rendering it impossible. These include in particular measures in the context of legitimate labor disputes as well as strikes and lockouts in Sacora's own factory, industrial action measures in third-party plants unless Sacora GmbH is to be blamed for negligence of prevention. Furthermore, in the case of unforeseen events such as war, blockade, mobilization. In the presence of these conditions, Sacora GmbH is entitled to rescind the contract. In these cases the customer will be notified immediately about the non-availability of the goods. The revocation consequences indicated in section 3 will be applicable. At the same time the customer can rescind the contract upon receipt of the notification of non-availability of the product.
Section 5 - Terms of Payment, Arrears
1. The delivery of the ordered goods is effected against payment in advance or cash on delivery.
2.For delivery against payment in advance, the customer has to effect payment within a period of two weeks after receipt of the order confirmation. The customer has to send the amount by bank transfer directly onto the current account of Sacora GmbH indicated in the confirmation of order. In case of belated payment the customer's contractual offer will lapse.
3. A C.O.D. delivery is possible only if the delivery address and billing address are within the Federal Republic of Germany and are consistent.
Section 6 - Retention of Title
1. Sacora GmbH reserves the property of goods delivered by them until the fulfillment of all claims to the customer to which Sacora is entitled from the business relationship, regardless of the legal reasons thereof.
2. In the case of processing and/or connection of the reserved goods with items that are not owned by the Sacora GmbH, Sacora GmbH acquires a co-ownership share in the new item in relation of the processed reserved goods to the article at the time of processing.
3. In the case of violation of contract by the customer, in particular delay of payment, Sacora GmbH is entitled to take back the reserved goods or to demand cession of the customer's revindications opposite any third parties, if applicable.
4. In the event of third parties seizing the reserved goods or the ceded claims, the customer will point out the ownership of Sacora GmbH and notify the latter immediately while handing over the documents required for intervention. The cost of intervention is born by the customer.
Section 7 - Warranty and Damages
In case the goods delivered are defective, you can demand supplementary performance (correction of faults or replacement delivery) according to Section 439 of the Civil Code, rescind the contract according to Section 440,323,326, paragraph 5 of the Civil Code or demand a reduction of price according to Section 441 of the Civil Code if the requirements for those provisions are complied with. There is a statutory period of limitation of two years from the date of delivery.
A liability of the supplier for compensation of damages - on whatever legal grounds - exists only if the occurrence of the damage is due to malice, gross negligence or breach of an obligation fundamental to the contract (i.e. an obligation, the compliance to which is crucial to enable the proper implementation of the contract in the first place and on which compliance the customer may trust regularly). In the latter case, the duty of replacement is limited to the typically resulting damage. These limitations of liability are applicable above all also for damages not arising on the delivered item itself (consequential damages), for damages for lost profits and other property damage. They apply furthermore to the personal liability of the supplier's employees. The limitations of liability mentioned do not apply to personal injuries, to claims under the Product Liability Act or to claims due to negligence in contracting (culpa in contrahendo).
If a supplementary performance by replacement delivery has taken place, you are obliged to return the goods first delivered to our premises within 30 days at our expense.
Section 8 - Liability
1. For other damages than such occurring by injury to life, body and health, Sacora GmbH is liable only if these are due to acts involving menace or gross negligence or culpable violation of a fundamental contractual obligation by Sacora GmbH or vicarious agents of Sacora GmbH. Any further liability for compensation of damages is excluded. The provisions of the Product Liability Act shall remain unaffected.
2. If an essential contractual obligation is infringed by negligence, the liability of Sacora GmbH is limited to the foreseeable damage.
3. Data communication over the Internet in accordance with the current state of the art cannot be guaranteed to be free from errors and/or be available at any time. Sacora GmbH therefore is not liable for the continuous and uninterrupted availability of the online trading system, nor for technical and electronic errors during a sales event, on which Sacora GmbH has no influence, in particular not for a delay in processing or acceptance of offers.
Section 9 - Final Provisions
1. Sacora GmbH treats personal data obtained in the context of business connections within the meaning of the Federal Data Protection Act and complies with the requirements of the Teleservices Data Protection Act.
2. Tuebingen, Germany, is exclusive venue, where the customer is a registered trader, the customer does not have a place of general jurisdiction in Germany, the customer after conclusion of the contract has transferred his residence or habitual abode to a foreign country or if his place of residence or habitual abode are unknown at the time of bringing an action.
3. Sacora GmbH does not accept any warranty for ordinary wear and tear of the goods and deficiencies resulting from improper handling.
4. German law is exclusively applicable, expressly excluding the provisions of the CISG.
Section 10 - Partial Invalidity
In the case of invalidity of individual provisions, the validity of the remaining provisions remains unaffected.
Status: February 15, 2008