bOm - bOy

Terms and conditions


STANDARD BUSINESS CONDITIONS of Waldemar Dukart Sports Equipment
	§1 Area of application

	1. The following standard of business conditions are valid for the sales of good and/or the performance of services by Waldemar Dukart Sports Equipment.

	2. Consumers in the sense of these terms are natural persons, with whom business is done, without being able to assign a trade or self-employed profession.

	3. Enterprisers in the sense of these terms are natural or juristic persons or legally responsible partnerships, with whom business is done, who exercise a trade or self-employed profession.

	4. Customer in the sense of these terms are both consumers and enterprisers.

	5. Terms deviating, opposing or supplementing will not become part of the contract, even on knowledge, unless their validity is explicitly agreed upon.

	§2 Conclusion of contract

	1. The offers made by Waldemar Dukart Sports Equipment are without engagement. Technical alterations, alterations in form, color to a reasonable extent are excepted. Solely the particulars stated in the declaration of acceptance are binding.

	2. In ordering, the customers explains firmly his wish to buy the goods. Waldemar Dukart Sports Equipment will confirm receipt of order immediately by email to the email address stated by the customer. The confirmation of order does not represent binding acceptance of the order, it can, however, be combined with the confirmation of receipt of order.

	3. The customer is obliged to disclose possible discrepancies between order and confirmation and/ or declaration of acceptance to Waldemar Dukart Sport Equipment immediately.

	4. The conclusion of contract follows with reservation of correct and punctual delivery made by our suppliers of components. This is only valid for the case that non-delivery is not represented by us, especially on conclusion of a congruent cover insurance with our supplier. The customer will be informed immediately of the non-availability, a possible counter performance will be refunded immediately.

	§3 Retention of the title

	1. Concerning contracts with consumers, Waldemar Dukart Sports Equipment retains the title to the goods until the have been fully paid for. Concerning contracts with enterprisers, Waldemar Dukart Sports Equipment retains the title to the goods until settlement of all outstanding money of a present business.

	2. As long as the goods have not been fully paid for, the customer is obliged to,
	a) handle the goods with care
	b) to notify Waldemar Dukart Sports Equipment immediately about access to the goods by third persons, in the case of seizure, possible damage to the goods or their destruction and/or
	c) a change in ownership of the goods as well as a change in the own place of residence.

	3. Waldemar Dukart Sports Equipment has the right to withdraw from the contract and demand the goods on behavior by the customer in breach of the contract, especially on delayed payment or injury to one of the duties stated in No. 2.

	4. The enterpriser has the right to sell on the goods in regular commercial intercourse. He is handed over the right to all outstanding money to the amount of the invoice by Waldemar Dukart Sports Equipment now, that result from selling on. Waldemar Dukart Sports Equipment accepts the transfer. After this transfer, the enterpriser has the right to collect the outstanding amount. Waldemar Dukart Sports Equipment has the right to collect the outstanding money himself as soon as the enterpriser does not meet his obligation to pay properly and defaults in payment.

	§4 Explanation of rescission (Only for Europe)

	1. Right of rescission: The right of rescission is not valid for enterprisers. The customer can revoke the contract agreement within 2 weeks after receipt of goods without declaration of reasons in writing (e.g. mail, fax, email) or by telephone. Waldemar Dukart Sports Equipment ensures collection of the goods from the customer free of charge. The customer has to ensure the making available of the goods, packed in the original box with all accessories received and a copy of the invoice, as well as details of the bank to which Waldemar Dukart Sports Equipment should transfer the refund after receipt of goods. This is to be handed over to the courier, if necessary by an authorized person (neighbour). Should the consumer make use of his right of rescission in the form of sending the goods back, ha has to bear the costs of delivery. Return consignments under a value of 40€ are to be paid for by the person ordering. This is not valid for justified complaints, e.g. damaged goods or defects. In this case, the costs will be refunded. Goods sent to Waldemar Dukart Sports Equipment carriage-forward will not be accepted by Waldemar Dukart Sports Equipment acceptance will be refused. The period begins after receipt of explanation of rescinsion, to be informed separately in writing.

	2. Consequences of rescission: In the case or rescission coming into effect, services are granted back and applications to be handed over. If the customer can only do this in partly or in a worse condition, he has to pay Waldemar Dukart Sports Equipment a refund in value. This is not valid for the surrendering of objects, if the debasement - as it would have been exclusively possible in a shop - is due to inspection. Apart from that, the consumer can avoid the duty to refund the value by not making use of the object like an owner and by doing everything to not harm its value. If the customer does not wish to make use of the pick up service offered by Waldemar Dukart Sports Equipment, he has to bear the costs of delivery for returning the goods and to send the goods prepaid in the original box with all accessories received and a copy of the invoice to:

	Waldemar Dukart Sportgeraete Auf dem Blaul 18 66904 Bruecken Tel: (0049) 06386 40 40 262 Fax: (0049) 06386 40 42 37 E-Mail: info@bom-boy.de

	3. The customer is obligated in execution of the right to withdraw to the return if the good can be sent by package. The customer carries the costs of the return in execution of the right to withdraw in a order amount of 40.00€, unless, the delivered good do not comply with the ordered goods. At a order amount over 40.00€, the customer has not to carry the costs of the return.

	4. The customer has the value of replacement&xnbsp; for a deterioration emerged due initial operation of the goods. The customer may test the good carefully and painstakingly. The value loss, that leads through the utilization going out over the pure test in addition, that the good can be sold no longer as "newly", has the customer to carry.

	5. Excluded from rescission are contracts concerning the supply of customised goods or those that are clearly tailored to personal requirements or are not suitable for being sent back due to their composition.

	§5 Payment, delivery charges

	1. The purchasing price offered is binding. VAT is included in the price.

	2. No additional costs arise for the customer through using the means of communication.

	3. The payment conditions are expelled closely in the order document.

	4. If, due to a particular agreement, payment on invoice be agreed upon, the price is due immediately on receipt of goods, without reduction.

	5. If the customer defaults, the consumer has to pay 5% interest, the enterpriser 8% interest above the basic rate of interest on the amount owed. Waldemar Dukart Sports Equipment Â&xnbsp;has the right to prove against the enterpriser a higher damage due to default and to enforce it.

	6. For every returning of a direct due to the customer´s fault, Waldemar Dukart Sports Equipment demands a refund of the bank costs arising.

	If the customer defaults, Waldemar Dukart Sports Equipment will charge a reminder fee for every reminder.

	If the claims are not paid, in spite of reminders and deadlines, Waldemar Dukart Sports Equipment has the right to pass the complete claim to a collecting company. As well as that, Waldemar Dukart Sports Equipment expressly has the right to report all customers concerned to the police, in order to protect against internet crime.

	7. The customer has the right to compensation, when his rights have been legally ascertained or recognized by Waldemar Dukart Sports Equipment.

	§6 Delivery time, passing of risk

	1. Waldemar Dukart Sports Equipment delivers the goods according to the agreement made. Has a delivery date been agreed upon with the customer, Waldemar Dukart Sports Equipment will observe this within his power. Waldemar Dukart Sports Equipment has the right, to a reasonable extent, to make part deliveries and to invoice them.

	2. Is Waldemar Dukart Sports Equipment prevented from supplying the object of purchase within the period agreed upon or to render a service stated in the contract due to interruption of operations, walkouts, lockouts, authoritative regulations or other cases of force majeure caused by Waldemar Dukart Sports Equipment and/or their suppliers, then the period extended by the duration of the disturbance. In this case, Waldemar Dukart Sports Equipment will inform the customer immediately about the hindrance and is estimated duration. If the hindrance lasts longer than four weeks, both parties have the right to withdraw from the contract.

	3. Is the customer enterpriser, the risk of accidental ruin as well as deterioration of the goods passes to the customer on handing over, when buying per catalogue, with the dispatch to the carriers, haulage contractors or otherwise person or establishment determined to carry out delivery.

	4. Is the buyer consumer, the risk of accidental ruin as well as deterioration of the goods passes to the buyer, even when buying per catalogue, on handing over to the buyer. It makes no difference whether the buyer defaults in accepting the goods sold.

	§7 Warranty

	1. Waldemar Dukart Sports Equipment guarantees the goods supplied showing no signs of damage reducing or nullifying the value or efficiency of the usual use or the use determined in the contract. A minimal reduction in value or efficiency due to customary or small or technically unavoidable deviations in quality, color, measurements, equipment, weight or design remain out of consideration.

	2. The period of warranty for all goods supplied by Waldemar Dukart Sports Equipment to customers using the goods for private purposes is 12 months, with the exception of parts that underlie according use. Supplies to customers using the goods for business reasons, or selling them on it, is 12 months.

	3. The customer must notify Waldemar Dukart Sports Equipment immediately about possible faulty goods after receipt of the goods. Significant for the safeguarding of the deadline is the receipt of notification at Waldemar Dukart Sports Equipment. If the customer fails to notify, his rights of warranty expire two weeks after ascertaining faults. This is not valid for malice by the seller.

	4. The enterpriser must notify Waldemar Dukart Sports Equipment about obvious faults within 3 days after receipt of goods in writing, including a copy of the delivery note handed over on delivery. Otherwise, the assertion of warranty claims is excluded. Punctual dispatch safeguards the deadline. The enterpriser has the full burden of proof.

	5. Is the customer enterpriser, Waldemar Dukart Sports Equipment warrants faulty goods first of all by repairing or making a replacement, according to his choice.

	6. Is the customer a consumer, he has the choice of repairs or replacement. Waldemar Dukart Sports Equipment has, however, the right to refuse the way chosen, if it is only possible in combination with disproportional costs and the other way means no significant disadvantage for the consumer.

	7. If fulfillment again fails, the customer can chose between a reduction in price or withdrawal from the contract.

	8. If the customer withdraws from the contract due to failed repairs, he has no right to compensation due to faults.

	9. If the customer receives an insufficient training guide, Waldemar Dukart Sports Equipment only has the duty of a sufficient training guide and that only if the insufficient training does not enable proper training.

	10. Returning of warranty cases must be sent carriage paid. Carriage forward will not be accepted by Waldemar Dukart Sports Equipment&xnbsp;and sent back at the customer´s cost. In justified cases, the postal charges for the most favorable way of delivery will be refunded by Waldemar Dukart Sports Equipment&xnbsp;in justified cases.

	11. If the customer is refunded money due to warranty, goodwill or other legal regulations, Waldemar Dukart Sports Equipment will refund the amount within 28 days after inspecting the claim.

	§8 Limitations to liability

	1. Waldemar Dukart Sports Equipment&xnbsp;is only liable for intention or gross fault independent of the reason, for all fault, however, based on damage that is breach of essential duties of contract. With slight fault, liability is limited to foreseeable, contract typical, direct average damage. This is also valid for slight fault breach of duties caused by the legal authorized persons or fulfillment helpers.

	2. Liability according to the product liability law as well as other liability norms remain untouched.

	3. If the customer chooses compensation after failed fulfillment, the goods remain with the customer, if that is reasonable. Compensation is limited to the difference between purchasing price and the value of the faulty goods. This is not valid, if Waldemar Dukart Sports Equipment has maliciously caused the breach of contract.

	§9 Data protection explanations

	All customer data are stored under notice of the pertinent directions of the alliance data protection law (BDSG) and the tele service data protection law (TDDSG) of Waldemar Dukart Sports Equipment and are processed. The customer has the right to always free an information, correction, obstruction and cancellation of its stored data through shipment of an e-mail or shipment of its desire per postal service or fax.&xnbsp; Waldemar Dukart Sports Equipment does not give people-related data including the customer´s house address and e-mail address without its specific and always revocable consent at third further. Excluded are hereof service partner, who require to the order handling the transmission of data, (for example the delivery business delegated with the delivery and the credit bank delegated with the payment settlement). In these cases restricted itself the circumference of the transmitted data however only on the required minimum.

	§10 Final clauses

	1. The law valid is that of the Federal Republic of Germany. The regulations of the UN-purchasing law do not apply.

	2. Is the customer a merchant, a juristic person of public rights or fund assets governed by public law, the court of jurisdiction for all disputes is exclusively the place of business of Waldemar Dukart Sports Equipment. The same is valid, if the customer has no general court of jurisdiction in Germany or place of residence or usual abode at the point in time of institution of legal proceedings is known.

	3. Should single regulations of the contract with the customer including these terms be wholly or partly ineffective, the effectiveness of the other regulations remains untouched. The partly or wholly ineffective regulations should be replaced by a regulation whose business success comes the closest to the ineffective regulation.

	4. In the case of a gap in the regulations, the parties will meet regulation that helps towards a noticeable will of both parties to implementation of the whole contents of contract.