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Terms of delivery
State: October 2007
§ 1 Area of agreement
(1) The following GTCT are valid for all business connections between systematic-minerals.com and their customers.
(2) Our GTCT apply exclusively. Agreements to the contrary or from our GTCT variant conditions of the buyer are not accepted by us; unless we agreed to the valance in written form. Our general term of conditions are also valid if we execute the delivery althought are in fully aware of the regulations to the contrary or varying conditions of the GTCT.
§ 2 Registration
(1) Every order requires a registration as a new customer at systematic-minerals.com. Multiple registration using different names and address is forbidden. With the successful login the customer of systematic-minerals.com is allowed to enter the system.
(2) systematic-minerals.com can disconfirm the allowance at any time without any declaration of reasons. In this case systematic-minerals.com is allowed to lock the username and the corresponding Password immediately.
§ 3 Accomplishment of contract
(1) The presentation of the product line of systematic-minerals.com on and via Internet available computer is not an offer in the sense of §§ 145 et.seq.of the civil code.
(2) The customer evolves an offer in the sense of § 145 civil code by sending an order via E-Mail to Systematic-minerals. The customer receives a confirmation E-Mail of the order. Possible mistakes of the information to the product line on the Website are pointed out separately to the customer by systematic-minerals.com and he is submitted a counter offer.
(3) The contract with systematic-minerals.com is achieved, if systematic-minerals.com accepts the offer of the customer. The acceptance is under the condition of availability of the ordered product or service and is confirmed by systematic-minerals.com via E-Mail. If systematic-minerals.com is not able to accept the offer of the customer, the customer will be informed via E-Mail. To the point of acceptance by systematic-minerals.com the customer is allowed to cancel the offer at any time.
(4) At larger orders systematic-minerals.com reserves the right to charge an advance payment. The order is processed by systematic-minerals.com after the receive of the payment.
§ 4 Delivery, shipping costs
(1) systematic-minerals.com delivers the ordered product to the customer to the address which is entered in the order process. systematic-minerals.com is allowed to part deliveries.
(2) Information about the estimated time of delivery is nonbinding, as far as systematic-minerals.com does not accord the customer a written and binding commitment.
(3) The delivery takes place to the accounted delivery costs in the given case. All risks and dangers of the delivery pass over to the customer as soon as the product is passed over to the charged logistic partner if the customer is entrepreneur and at the time of transaction in exercise of commercial or standalone business. If the customer is consumer all risks and dangers are passed over at the time of delivery.
§ 5 Reservation of proprietary rights
(1) Up to the complete payment systematic-minerals.com reserves the right to the owner of the delivered product.
(2) Products which are bought by the customer to make commercial business are proprieties of systematic-minerals.com until all claims of the business contract incl. all claims which are made contemporary or claims which will be made in the future are fulfilled.
§ 6 Maturity and Payment
(1) systematic-minerals.com only accepts payment methods which are displayed for the customer at the ordering process.
(2) The invoice amount has to be payed within 14 days as from the invoice date.
(3) If the customer does not meet the term according (2) systematic-minerals.com is allowed to demand default charges amounting to 5 percent of the basic rate of interest according § 247 civil right. In addition to that systematic-minerals.com is allowed to claim a higher damage in individual cases. The customer has to verify that there are only small or no damages.
(4) The customer is only allowed to offset when the counterclaim are legally valid, uncontradictable or accepted by Systematic-minerals.
§ 7 Cancellation
(1) The customer is allowed to cancel the declaration of intention which is referred to the contract formation after receiving the product by returning without any written reason statements. To maintain the cancellation deadline it suffices the in time returning of the cancellation or the product. The abrogation has to be directed at systematic-minerals.com (Sönke Stolze, Dübelsdiek 1, 23843 Bad Oldesloe, 04531-86797, shop at systematic-minerals dot com).
(2) In the case of effective abrogation received services on both cases has to be rewarded and if applicable release uses. If the customer is not able to return the received service completely or particulary or only in defective condition so the customer has to pay the compensation insofar. This does not apply in the case of abandonment, if this worsening of goods happens exclusively on their check, for example like a check of goods at a store. The product can be returned on the expense and danger of Systematic-minerals.
§ 8 Warrants
(1) The customer has to survey the amount and quality of the received product instantly.
(a) The customer has to rebuke systematic-minerals.com if there are obvious deficiencies by writing a written complaint within the period of two weeks. Decisive for the observance of the term is the on time sending of the written complaint by the customer. If the customer is entrepreneur the rules § 377 (obligation to give notice of defects and of examination) of commercial code is valid.
(b) Claims of hidden failings which cannot be found at the prompt examination prescribes within 24 month after the receipt of the product, if the customer is consumer. If the customer is entrepreneur the claims of hidden failings will prescribe within 12 month after receipt of goods. This stipulation is not valid if the hidden failings are based on a circumstance which is caused by systematic-minerals.com or a vicarious agent of systematic-minerals.com due to resolution or gross neglience.
(2) If the customer has good reasons for the reclamation systematic-minerals.com will remove the damage by amendment or compensation delivery. In the case of failure, refusal or unacceptability the customer is allowed either to recede the contract or lower the agreed purchasing price.
(3) As far as the failure is based on a circumstance which is caused by systematic-minerals.com or a vicarious agent of systematic-minerals.com due to resolution or gross negligence the customer is allowed to claim compensation for damages caused by non-fulfillment or compensation of useless expenses § 361 civil code.
(4) The enforcement of additional compensation especially for consequential damages are impossible. This is not valid if the failure based on a circumstance which is caused by systematic-minerals.com or a vicarious agent of systematic-minerals.com due to resolution or gross negligence or by delinquency of life, of the body or the health of others.
§ 9 Protection of privacy
(1) Saving and editing of personal data
systematic-minerals.com commits oneself to safe the private sphere of all persons who go shopping on the website of systematic-minerals.com and deals the personal data of customers confidentially. The foundation is the existing clauses of law. The advanced data from customers are saved. But customers have the possibility to ask for a deletion of their data. The condition for this is a message to systematic-minerals.com Email address: shop at systematic-minerals dot com.
(2) Use of personal data
systematic-minerals.com uses the personal data of customer exclusively for fulfil the contract with the customer.
(3) Disclosure of information
systematic-minerals.com does not disclosure information of customers to a third party. Customers of systematic-minerals.com receives E-Mails of systematic-minerals.com only if they declares its agreement.
(4) Correction, blockage and deletion of personal data
Customers of systematic-minerals.com are able to view and edit their user information after the registration at any time on the protected area of the Homepage. For the deletion of the user information it is necessary that they apply to shop at systematic-minerals dot com.
(5) Safety measures for the prevention of lost and abuse of personal data.
In transit of personal information/data systematic-minerals.com insert ciphering technologies for the highest confidentiality. The personal data of customers are saved by passwords, so only the respective customer has access to it. The Server of systematic-minerals.com employs different safety mechanism and techniques for authorization to complicate unauthorized access to customer data.
§ 10 Final clauses
(1) The contract between systematic-minerals.com and their customer is subject to the substantive law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) Is the customer is an entrepreneur, so Bad Oldesloe is the place of justice for all charges which is the result of the context or related to the business relations between systematic-minerals.com and the customer. The same place of justice is valid if the customer who does not have a domestic place of general jurisdiction, or changes his place of residence or common whereabouts or if the place of residence or common whereabouts is obscure at the time of commencement of proceeding.