General Terms of Business

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§ 1 General
The following general terms & conditions are deemed valid for the contract between the two parties. The general terms & conditions are valid exclusively. Differing conditions of the customer are not deemed valid until they have been acknowledged expressively and in writing by Thomas Fahrnholz. The general terms & conditions are valid even if Thomas Fahrnholz delivers the goods knowing that the customer has contradicting or differing conditions.

§ 2 Conclusion of Contract
The customer submits a valid quote to conclude a purchasing contract when ordering the desired product. Thomas Fahrnholz has the right to accept this quote by sending an order confirmation within three calendar days after he received the quote. This confirmation can be sent using electronic communication channels especially email. If Thomas Fahrnholz fails to confirm, the order is deemed rejected.

§ 3 Prices
When the webpage is updated all earlier prices are replaced. The version effective at the time the order is made is authoritative. All prices are including VAT.

§ 4 Declaration of Revocation

Right of Revocation

The customer may declare the revocation of his contractual statement within a period of two weeks in text form (e.g. letter, fax, email) or – if the customer received the goods before the cancellation period has terminated – by returning the merchandise. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of the said declaration in text form but not before the receipt of the merchandise (if similar merchandise is delivered not before the first batch has been delivered) and also not before Thomas Fahrnholz fulfilled his duty to inform according to § 312c Abs. 2 BGB (German Civil Code) in conjunction with §1 Abs 1,2 and 4 BGB-InfoV (Information Order of the German Civil Code) and his duties according to § 312e Abs. 1 Satz 1 BGB (German Civil Code) in conjunction with § 3 BGB-InfoV (Information Order of the German Civil Code). The time limit is deemed to be observed by timely dispatch of the declaration of revocation or the return shipment to:
Thomas Fahrnholz
Lindenstrasse 38
84030 Ergolding
Germany
Telefax: +49/(0)3222/1636995
E-Mail: info@0815-bags.eu

Consequences of Revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If the customer is not able or partially unable to restitute the merchandise to Thomas Fahrnholz or can only restitute it in a deteriorated condition, then he has to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on the risk of Thomas Fahrnholz. Things that cannot be shipped by parcel will be picked up. The customer is obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty (40) euros or if, where the price is higher, the customer has at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for the customer is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

End of revocation instruction

The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs

§ 5 Delivery, Distribution and Shipping Costs
Delivery will take place within a period of three weeks after order confirmation and, if prepayment has been agreed upon, after receiving payment. If the customer requires an extension of this term to exercise legal rights, this extension period shall be at least two weeks.
The delivery will be arranged by Thomas Fahrnholz with DHL and its affiliates.
For delivery a shipping and packaging fee will be charged that is clearly and separately stated for every merchandise.

§ 6 Payment and Delay of Payment
Prepayment or cash on delivery are the mandatory ways of payment. All payments have to be made in gross without allowance or any other discounts.
Thomas Fahrnholz has the right to claim default interest in the amount of ?five percentage points per anno above the base lending rate announced by the German federal bank.? If the damage caused by default to Thomas Fahrnholz is verifiably higher, he has the right to claim this damage.

§ 6a Recession
Thomas Fahrnholz has the right to recede from the contract if the customer has filed for insolvency, has given an affirmation in lieu of an oath according to § 807 ZPO (Code of Civil Procedure), if proceedings for insolvency have been opened or have been declined due to lack of mass.

§ 7 Reservation of Proprietary Rights
Thomas Fahrnholz retains ownership of the merchandise until the full purchasing price has been paid.
The customer has to inform Thomas Fahrnholz immediately about compulsory enforcement measures instigated by a third party aimed at the goods subject to retention of title and has to deliver all documents necessary for intervention. This is also true for any other curtailing. Irrespective of that the customer has to inform any third party in advance about all the rights of Thomas Fahrnholz in the merchandise subject to retention of title.

§ 8 Proceedings in Case of Damages in Transit
If merchandise is delivered with obvious damages in transit the customer has to complain about it to the commissioned delivery service. This additional duty is not affecting any legal claims of the customer.

§ 8a Liability for Defects
In case of defects Thomas Fahrnholz is liable according to legal provisions unless otherwise stipulated in these terms and conditions. The customer has to report obvious defects in text form to Thomas Fahrnholz within two weeks after the defect became obvious. The date of sending the notice is decisive. If the notice is not sent within the stipulated period of time the liability for defects will forfeit. This does not apply if Thomas Fahrnholz has concealed the defect in bad faith or guaranteed on the condition of the merchandise.
If the customer is an entrepreneur according to § 14 BGB (German Civil Code) the defects liability is confined to one year starting from the passing of risk. The same is true for the purchase of second-hand merchandise.
The customer does not get a guarantee in any legal sense.

§ 9 Liability for Damages
Thomas Fahrnholz shall be liable for violation of contractual obligations as well as for tort only in case of intention and gross negligence. This does not apply to cases of injury to life, body or health of the customer, to the compensation of default of the obligor (§ 286 BGB, German Civil Code) or in cases of claims due to the violation of obligations that are necessary to orderly fulfill the contract and in the adherence to which the contractual partner may trust. In this respect Thomas Fahrnholz shall be liable for every level of default.
The abovementioned exclusion of liability also applies to our auxiliary persons.

§ 10 Applicable law and jurisdiction
Applicable law is the law of the Federal Republic of Germany as long as no other consumer protection regulations in the home country of the customer are more favourable (Art. 29 EGBGB, Introduction Law to the German Civil Code). The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
If the customer is an entrepreneur, a legal person under public law or a special assets under public law, the sole jurisdiction is Landshut, Germany. In this case, Thomas Fahrnholz has the right to file suit at the general jurisdiction of the customer.

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