déjà vu GmbH
These will be effective with each customer's order
The following terms and conditions apply exclusively to all contracts, deliveries and other services, unless they are modified or excluded with the written consent of the seller. Consulting services and advice or recommendations are given, unless agreed otherwise in writing, they are non-binding and free of charge. Conditions of the buyer shall not be binding even if the seller should not expressly object to them once again.
2. Offer and Conclusion of Contract
The unit price is the price in effect on the date of the original order. Deviations and technical changes to our illustrations or descriptions are possible. The current catalog / price list invalid with the publication of a new edition. If the Seller makes a verbal collateral agreement and assurances that go beyond the written sales contract , they always require written confirmation from the seller.
3. Delivery deadlines and delay
Goods that are in stock will be sent within 1-5 working days after payment has been credited to our account. If goods are not in stock at ordering time, we will try to deliver as soon as possible. The customer will be informed about longer delays immediately. Delivery periods and dates shall only be approximate, unless the Seller has given a written binding confirmation. The right of a correct and timely self-supply is reserved in any case. Partial deliveries are permitted. The delivery period shall be extended - also within a delay - in Circumstances such as force majeure, war, natural disasters, governmental acts, unforeseen shortage of manpower or transportation sources, mechanical or electrical break-down, strikes and lock-outs that cause a discontinuance or limitation of company operational activities shall invoke a reasonable extension beyond the scheduled deadline for a while, insofar as these circumstances have a significant influence on the delivery of the sold object. The circumstances cited shall suspend déjà vu GmbH from the committed delivery obligations during the course of impediment. This shall also apply if such impediments occur to the suppliers or sub-suppliers of déjà vu GmbH. The seller shall inform the customer of such impediments as soon as possible. The customer shall be entitled to request from the seller a statement to the effect whether he wants to withdraw from the contract or whether he wants delivery within a reasonable period of time. The seller shall be entitled to withdraw from the contract at his own discretion even without such a request after a reasonable waiting period of time. If the seller fails to respond to the request immediately the customer shall be entitled to withdraw. The parties agree that in such events any claims for indemnification shall be excluded.
4. Transfer of risk, packaging and shipping
The shipping and packaging costs depend on the type, quantity and quality of the goods and shall be paid by the purchaser. These will be communicated to you with your order. Means of delivery are left to the discretion of the seller. In most cases, this will be performed by German Post (DHL) or GLS (General Logistics Systems). The buyer bears the risk of despatch, i.e. the seller's deliveries are made ex-works at the risk of the buyer. Should the shipment be delayed by reasons the seller is not responsible for the goods shall be stored at the buyer's risk and expense. In this case notification of readiness for shipment shall be tantamount to shipment.
Should you receive a damaged product, then a damage notice must be fulfilled in the presence of the delivery agent in order to process your claim and if necessary to be able to refund the goods.
5. Prices, Payment and Minimum Order Value
The prices we state should be considered final prices quoted in EUR including VAT. The purchase price is due with order. We offer various means of payment, which will be communicated with the respective order. We do not have any minimum order value, but by using coupons it is possible that there is a minimum order value.
6. Reservation of Proprietary Rights
The seller reserves the ownership of the goods, until all claims of the seller against the buyer from the business relationship, including the future claims arising, also from contracts concluded simultaneously or later, are settled. This also applies if individual or all claims of the seller having been included in a running invoice and the balance has been drawn and acknowledged. Breach of contract by the buyer, especially in case of payment default, the seller is entitled to take back the goods after notice and the buyer is obliged to surrender. In the event that we take back or seize the goods this does not imply - insofar as the hire-purchase law does not apply - a withdrawal from the contract unless we expressly declare it in writing. In the case of court seizures or other third-party claims on goods - not only with regard to Goods under Reservation of Title, but also to claims assigned as security - the Client shall notify us immediately in writingand provide us with all documentation required for an intervention on our part (e.g. copy of the court seizure record).
7. Defects and Warranty
For all goods we offer the legal warranty period. Furthermore, the warranty provided by the manufacturers of the individual components is considered. To fulfill this warranty shall not be liable to the seller but the manufacturer. For defects, including the lack of assured properties, the seller is liable as follows :
a) The delivered goods must be inspected by the customer after receipt for defects, agreed quality and quantity deviations. The notification of defects is only admissible within one week, with obvious defects. The notification must take place in writing. For the calculation of the period, the time of delivery and the date of receipt of the complaint letter are decisive.
b) In case of legitimate claims repair, substitute delivery or remuneration of the invoice figure is carried out after our choice.
c) The buyer shall have to grant the seller the necessary time and opportunity to remove any defects according to the seller's best judgement, in particular to make the rejected goods or samples of them available to the seller.
Liability for the consequences arising therefrom shall be repealed.
d) Should the Purchaser or any third party undertakeimproper modifications or repairs without our prior approval, our liability for any and all resulting damages in annulled and voided.
e) Further claims of the buyer against the seller or its agents are excluded, especially claims for compensation for damage which did not occur at the delivery itself.
8. General Liability Limitation
The seller's liability is determined solely by the agreements made in the section above agreements or the laws in force.
9. Withdrawal (Redeliveries Exchange, Distance Selling Act)
You can cancel your contract within 1 month without giving reasons in writing (eg letter, fax, e -mail) or by returning the goods before the deadline. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 Abs . 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or good.
The revocation must be sent to:
déjà vu GmbH
Fax +49 241 166181
Consequences of Revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. In the event that you cannot return the service received in whole or in part or only in a worse state, you shall be obliged to compensate us for any depreciation in value, if applicable.This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your risk. Non-transportable goods will be collected from you. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, and for us upon the receipt thereof.
End of cancellation policy
10. Cost Paying Agreement
In case of an effective cancellation mutually received services have to be reimbursed and us to give back profits (e.g. interests).Insofar you must offer compensation for lost value, if you cannot reimburse services received in total or partially or in declined condition. This will not apply for surrender of goods, if the deterioration of the goods has to be traced back exclusively to its check - as it would be possible in a retail shop. Furthermore you can avoid the obligation for compensation by conventional putting into use of the goods not as your property and refrain from everything which influences its value. Package transportable goods have to be returned at our expense and risk. You will have to bear the costs of the return, if the delivered goods corresponds to the ordered one and if the price of the goods to be returned does not exceed an amount of 40 Euro or if you did not render the service in return or a contractually agreed partial payment in case of a higher price of the goods. Otherwise the return is free of charges for you. Goods which cannot be sent in packages will be collected. Obligations for the reimbursement of payments must be fulfilled within 30 days. The period starts with sending of your notice of withdrawal or the goods, for us with its receipt.
If you are contractor in the sense of §14 (BGB) and act when concluding the contract exercising your commercial or self-employed job, the right of withdrawal does not exist.
Commercial software and full versions of the license or use of contracts, the producer will be honored by the buyer by opening the packaging.
12. Place of Performance, Place of Jurisdiction
Fulfillment is Aachen jurisdiction is located in Aachen , if the contractual partner is a merchant, legal entity under public law or public law special fund. The relations between the Contracting Parties shall be governed solely by the applicable law of the Federal Republic of Germany. The applicability of the uniform international sales law is excluded.
13. Data Storage, Data Protection
According to § 28 of the Federal Data Protection Act ( BDSG )we inform you that business data is processed and stored by means of a computer system in accordance with § 33 (BDSG). Personal data will be treated confidentially. Our privacy practices are in accordance with the Federal Data Protection Act ( BDSG) and the Teleservices Act (TDDSG). The deletion of address data requires the written form. The request for cancellation must be submitted by the person concerned.
We do not sell your data to third parties under any circumstances. You can be sure that your data will be used exclusively in the business relationship with you (eg, transmission of information and offers by email ). We commit ourselves to this with your order.
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14. Severability Clause
Changes and additions to the provisions contained in these Terms and Conditions shall be effective unless in writing and the inclusion in the contract of sale.
If any provision in these Terms and Conditions or any provision in any other agreement be or become invalid, this shall not affect the validity of all other provisions or agreements. One or more invalid provisions are effective to replace, in this case, by provisions which come as close as possible to the original intent of the invalid provision / s .
déjà vu GmbH