www.dekoschwerter.de

Conditions of Use

Contract fundamentals

With his order the customer accepts the following conditions and the shipping and payment terms of IMGO. Differing conditions need to be in written form and are only accepted if they are acknowledged by IMGO in written form. The obmission of an antinomy does not apply as acknowledgement.

Offering and contract conclusion

The orders given by the customer in written form, by telephone, per internet auction, per online shop or per email are offerings the customer is bound to for a one week period. The contract is concluded by the acceptance of the order or by sending or handing over the purchased items within this one week period. The offerings of IMGO are subject to change without notice and are reserved to the availability of the offered items in time, provided that there is no special agreement in written form on an individual basis. If the purchased items are not shippable or if the delivery date cannot be met due to complete or partial unavailability of the items, the customer is allowed to cancel the purchase after a reasonable period which is at least 14 days. In this case, the customer has no other rights beyond that.

Right of withdrawal

If the customer is a consumer in terms of § 13 BGB he has the right to return delivered items which are purchased through the internet or by using other telecommunication devices from IMGO by sending them back to IMGO within a 14 day period. This period begins at the earliest with the reception of the items. If the delivered items are not suited for being sent as parcel (e.g. bulky items) the customer can declare the return request in written form, e.g. per mail or per fax. The period is ensured if the items or the return request are being sent in time. When using the right of withdrawal the customer is bound to return the received items. Shipments must be made free of charge, we do not accept shipments which are not free. Delivery fees are returned to the amount of the cheapest mode of shipment only. For purchase orders up to 40.00 EUR the customer has to pay the amount for the returning delivery. If the purchased item is more than 40.00 EUR, IMGO pays for the returning delivery. In this case we return the delivery fee together with the value of the purchased item.

Refunding the amount when returning

There is no claim for getting the full price of the item back if the value of the item is lowered by using the item in a way which exceeds a normal test as one would be able to do in a normal store, by damaging the item or its cover or by other circumstances the customer is responsible for. In this case IMGO will reduce the returned value reasonably on an individual basis. If the value loss of the returned item is so extensive that a resale of the item is impossible or only possible with unjustifiable losses, the item is basically non-returnable.

Reservation of ownership

The purchased items belong to us until they are fully paid. The reservation of ownership includes the interests and additional costs resulting from the duty of payment for the items. Right of retention and compensation are excluded.

Warranty

Warranty claims apply to the direct buyer only. Warranty payments are limited to the purchased item and happens by repairing or replacement at our choice. After two unsuccessful supplementary performances by IMGO the customer is entitled to further warranty claims by law, like price reduction and cancellation of the contract. IMGO is able to make warranty payments dependent on that the customer sends the defective item back to us before and allows us to check the complaints. If there is no defect detectable even after detailed checks, or if it is exposed that the damage is caused by the customer itself, warranty claims are rejected. In this case, the defect item is returned to the customer except he has agreed in written form to pay the costs for repairing and shipping. There is no warranty for damages resulting from improper use or normal abrasion. There is no warranty for consequential damage also. There is no liability for the correctness of technical information, general product descriptions or other declarations we did not cover explicitly; this is no condition agreement or guarantee. This applies particularly for appearance, measurements and weight of the goods. All specifications are subject to change without notice. Transport damages can only be accepted if they are reported by the customer in written form without delay, at the latest 48 hours after receipt of the goods. The early enough posting of the report serves as adherence to the time limit. Late reports are not accepted. In order to allow for a quick processing the customer should return the item with an exact description of the defect, a copy of the invoice and with the original packing. If the reconsignment is packed insufficiently we claim the customer to refund any transport damages. We are not liable for damages which did not occur on the shipped item itself, for loss of profit or other financial loss of the customer. The warranty period is 48 month if not otherwise specified. It begins with the receipt of the delivered items. For special sales which are specially marked (bankruptcy items or remainders) the warranty period is 12 month. A copy of the invoice serves as guarantee proof.

Liabilities

Although we were very careful when assembling the information on our website and the information is updated on a regular basis, IMGO cannot be held responsible for the correctness of the information presented on this website. By no means IMGO can be held responsible for defects in any way which occur in relation with using our website. This applies to direct and indirect defects, consequential harms caused by a defect or special defects including loss of profit, or defects which result from loss of information. The information on this website ist provided without commitment and subject to change without notice. IMGO is not responsible for the contents of linked websites and can not be held responsible for these under any circumstances.

Final provisions

If single conditions are not applicable, no matter for what reason, this does not affect the validity of the other conditions. Single conditions which are not applicable are replaced by the closest legal regulations (severability clause). The other conditions stay valid. These changes apply for future orders only, not for orders which are already delivered. Germany/Freilassing is the only place of fulfillment for shipment, service and payment. The law of the Federal Republic of Germany applies, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For general merchants the court of jurisdiction is Germany/Laufen. This applies also if the customer has no general court of jurisdiction in Germany and the place of residence or main residence are unknown at the time of filling of the complaint.

Continue