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| Conditions of Use |
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General commercial conditions
of Pearl Oneel Design – revised: January 2005
1. General
The following general commercial conditions apply to all agreements, deliveries and other services. Contradictory provisions of our commercial partners are expressly excluded. Informal or side agreements require our written confirmation. Pearl Oneel Design is authorized at any time to alter or supplement the general commercial conditions, inclusive of any accompanying documentation, conditional on a reasonable period of notice being given. Contracts received prior to any changes will be processed subject to the general commercial conditions applying at the time of contract.
2. Quotations
Quotations are not binding. Slight deviations in color or design, or technical modifications departing from our illustrations or documentation, may occur. Following publication of a new catalogue, earlier catalogues cease to be valid.
3. Delivery and payment
The delivery and payment conditions of Pearl Oneel Design are stated in more detail on the order form. There is no minimum order. All prices are quoted inclusive of the value added tax specified in law, which amounts at present to 16%. For special modes of dispatch required by customers, a supplementary charge will be made at the rate usual in our area.
4. Delivery times
Articles in store will be dispatched within 5 days (we accept no liability for transport delays). Normal orders will be processed within 15 working days. In cases where non-compliance with a delivery period is due to natural causes, strikes, unforeseen hindrances or other circumstances beyond our control, the period will be extended by a reasonable amount. If non-fulfillment of the delivery period is due to reasons other than those mentioned above, the customer may annul the order.
5. Right of return (return privilege)
You have the legal right to return any article within 2 weeks of the order date. The right of return does not apply to special offers.
6. Passing of risk
Following dispatch of the articles by Pearl Oneel Design, the risk passes to the customer.
7. Guarantee
Pearl Oneel Design guarantees that at the time of passing of risk, the articles bought are free of material and manufacturing faults and comply with the specifications of the contract. On receipt of the articles, the customer must inspect these without delay. In case of complaint, proof of the date of purchase must be made by submitting the invoice. Notwithstanding the minimum guarantee required in legislation, Pearl Oneel Design will make guarantee of at least 3 years. The guarantee does not apply to wear-and-tear during normal use or to improper use. The guarantee becomes void if the customer makes alterations to the articles delivered. The customer is entitled to repair of the articles without charge within the guarantee period. Part or full replacement of the articles is also permitted. Where deficiencies are not eliminated within a reasonable period, the customer is entitled to withdraw from the contract or to diminution of the price according to § 476a BGB.
8. Reservation of title
Pending full payment, the articles remain the property of Pearl Oneel Design.
9. Data storage
In accordance with § 28 of the Federal Law relating to Data Security (Bundesdatenschutzgesetz, BDSG), we draw your attention to the fact that data necessary for commercial handling will be processed and stored in an EDP installation as specified in § 33 BDSG. Personal data will of course be treated in confidence.
10. Place of jurisdiction
The place of jurisdiction for both parties is the Magistrate's Court near the Pearl Oneel Design headquarters in Elmshorn. The law of the Federal Republic of Germany shall apply.
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| +49 (0)4122/7411 |
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