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FORCETT Registered Trademark by
Agentur M. Henne
Neuffenweg 5
73269 Hochdorf
Germany
contact@forcett.net
www.forcett.net
1. General
(1) Contractual services and offers made by FORCETT are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with FORCETT.
(2) The party to the contractīs own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by FORCETT.
2. Conclusion Of Contract
(1) Offers from FORCETT catalogues, websites/online shop and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) The party to the contract receives a fulfillment confirmation by e-mail after placing an order. The fulfillment confirmation is not an acceptance of offer, but rather informs the party of the contract about the successful order placement.
(3) FORCETT is entitled to accept the party to the contractīs offers within a period of two weeks from receipt. The contract is concluded if FORCETT provides written confirmation of acceptance of the offer by post or by e-mail (fulfillment confirmation) or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
3. Subject Of The Contract
(1) The subject of the contract is solely the goods which are expressly confirmed by FORCETT or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions - in particular in the catalogue - are non-binding and do not constitute a warranted property in terms of the German Civil Code.
4. Delivery
(1) Unless otherwise expressly agreed, the delivery is carried out to the shipping address given by the party of the contract. FORCETT is entitled to effect delivery of the goods forming the subject of the contract within a period of two weeks from the acceptance of the offer by FORCETT.
(2) FORCETT deals with accepted orders as quickly as possible and in the order of entrance. As a rule the delivery is carried out within five to seven days. If a delivery should not be possible because the ordered product is temporarily out of stock or should be delayed for other reasons the party to the contract will be informed as quickly as possible, not later than 30 days.
(3) Details on the delivery period are non-committal as far as the delivery date for once was not promised obligatorily. In the case of a delay in delivery (delivery date has been explicitly agreed) the party to the contract is authorized to set an extension of time, which is at least two weeks. If FORCETT lets pass this extension of time fruitlessly, the party to the contract is authorized to withdraw from the contract.
(4) If an article ordered of the party to the contract should for once be no longer deliverable because the article is out of stock and the supplier of FORCETT does not produce the article any more, FORCETT reserves the right not to execute the order and to withdraw from a possible delivery commitment. In this case FORCETT will immediately inform the party to the contract about the unavailability and immediately refund possible payments. Same is effective if the unavailability occurs because of acts of God.
(5) As far as a delivery to the party to the contract is not possible because the delivered product does not go through the entrance, front door or the stairway of the party to the contract or because the party to the contract is not found under the shipping address given by him although the delivering time was announced for the contracting party with an adequate period, the party to the contract bears the costs for the unsuccessful delivery.
5. Payment
(1) All prices given are in euros and are inclusive of VAT.
(2) Goods are delivered by FORCETT against cash in advance only – if not agreed differently.
(3) The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number), cash on delivery or Paypal.
(4) For parties to the contract resident in Germany, FORCETT makes a charge of EUR 4.50 per order for insurance, postage and packing. For cash on delivery orders, an additional charge of EUR 4.00 plus a EUR 2.00 post office bank transfer charge is made.
(5) Deliveries for orders from foreign European countries will only be made after bank transfer or payment by Paypal. FORCETT charges EUR 9.50 for postage and packaging to France, Switzerland, Austria, Belgium, the Netherlands, Luxembourg, Denmark, Great Britain, Italy, Finland, Norway, Sweden, Spain, Portugal and Liechtenstein.
(6) FORCETT may make part deliveries where this is conducive to the execution of the contract and is not unreasonable for the party to the contract.
(7) The party to the contract may not assign debts due against FORCETT without the express written consent of FORCETT.
6. Right Of Rescission And Right To Return In Case Of Distance Selling Contracts
The following provisions do not apply to audio and video recordings, to software if the data carriers supplied are unsealed, nor to newspapers and magazines. Also, they do not apply to merchandise made according to the contractual partnerīs specifications or which are obviously tailored to the contractual partnerīs individual needs.
- - - - - - - - - - Cancellation policy - - - - - - - - - -
Right of cancellation
You have the right to cancel your declaration of contract without stating a reason within two weeks in written form (e. g. letter, fax, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Para. 312 c (2) BGB in connection with Para 1 (1), (2) and (4) BGB-InfoV as well as our obligations according to Para. 312e (1) Sentence 1 BGB in connection with Para. 3 BGB-InfoV. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time. The cancellation has to be sent to:
FORCETT
Neuffenweg 5
73269 Hochdorf
contact@forcett.net
Effects of Cancellation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply for the delivery of goods, if the deterioration of the goods is due exclusively to their inspection - as would have been possible for you in a retail shop for example. Incidentally you can avoid the obligation for compensation by not using the goods, as if they were your property, and by refraining from doing anything, that could impair their value. Goods, that can be dispatched as parcels, have to be returned. You shall be responsible for the return costs if the merchandise supplied complies with the goods ordered and if the price of the merchandise to be returned does not exceed the amount of 40 Euros or - in case the price does exceed the amount of 40 Euros - if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address.
In case of returns from abroad and irrespective of the order value, the contractual partner shall be responsible for the costs if the merchandise supplied complies with the goods ordered.
Obligations for refunding of payments must be fulfilled by you within 30 days. The period of time starts after dispatch of your declaration of cancellation or of the goods.
In case of a lawful exercise of the right of cancellation by the contractual partner, FORCETT will refund payments already effected within 20 working days after receipt of the declaration of cancellation or the merchandise.
- - - - - - - - - - End of the cancellation policy - - - - - - - - - -
7. Reservation Of Ownership
The goods forming the subject of the contract remain the property of FORCETT until they have been paid for in full.
8. Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that FORCETT is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to FORCETT together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. FORCETT must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If FORCETT maintenance or care instructions (e.g. washing instructions) are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet FORCETTīs high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) As far as the delivered product after the legal regulations shows a material defect, FORCETT is obliged to the supplementary performance so as far as FORCETT is not entitled to the denial of the supplementary performance due to the legal regulations. A period adequate for the supplementary performance has to be granted. The supplementary performance is made by elimination of the defect or delivery of new goods.
(7) The supplementary performance is regarded as failed if it was tried twice without success. If the supplementary performance has failed or a supplementary performance is unreasonably, the party to the contract is authorized to reduce the selling price, to withdraw or to ask compensation from the contract for the contracting party.
(8) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by FORCETT.
9. Colour
Colour differences between the colours displayed on your computer display and the actual colours of the models can appear depending on the colour rendering of your computer display.
10. Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, FORCETTīs liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of FORCETT or persons employed in performing contractual obligations for which FORCETT is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which FORCETT is vicariously liable, FORCETT is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, FORCETTīs liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
11. Retention Of Title
All items delivered remain our property until the purchase price is paid in full and all claims resulting from our business relationship with the Purchaser have been or will be paid.
12. Copyright
Unless otherwise stated in writing by FORCETT, all content accessible on our website/online shop is protected by copyright. At all times, it must be treated and protected as copyrighted material according to §72 German Copyright Act. It is permitted for publication, copy, distribution as well as imitation only by a written approval of FORCETT.
13. Concluding provisions
If individual provisions of the contract between FORCETT and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions.
The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.
FORCETT, 22nd April 2008
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