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Supply Terms

General terms and conditions for web orders for articles from the gifts of mining tradition shop:


 


 


 


Art. 1 Validity


 


Art. 2 Ordering


 


Art. 3 Conclusion of the purchase contract


 


Art. 4 Right of revocation


 


Art. 5 Prices and payment


 


Art. 6 Delivery, condition of the goods


 


Art. 7 Compensation


 


Art. 8 Retention of title


 


Art. 9 Set-off and retention rights


 


Art. 10 Applicable law, place of jurisdiction


 


Art. 11 Partial invalidity


 


 


 


Your contract partner for orders is Fa. Rupert Höll registered office in 38678 Clausthal-Zellerfeld, Germany


 


Address:


 


Teichstr. 14 - 16


 


38678 Clausthal-Zellerfeld, Germany.


 


Fax 0049-(0)5323-83221,


 


E-Mail info@hoell-direct.de


 


Please address all information, queries, complaints, etc. with regard to an order exclusively in writing by letter, fax or e-mail to this address.


 


 


 


Art. 1 Validity


 


The following terms and conditions apply effective January 1, 2015 for deliveries by Fa. Rupert Höll to consumers on the basis of online orders via the miningtradition SHOP. The customer´s terms and conditions do not apply, even where they are not explicitly contradicted.


 


 


 


Art. 2 Ordering


 


An online order by a customer is a binding offer to conclude a purchase contract for the goods ordered.


 


 


 


Art. 3 Conclusion of the purchase contract


 


All offers in the mining tradition shop are subject to confirmation. A supply contract is not concluded upon confirmation of receipt of order, but only when Fa. Rupert Höll has sent the customer a contract confirmation by e-mail or has made the delivery.


 


 


 


Art. 4 Right of withdrawal


You have the right to withdraw from this contract within 14 days without giving any reason.


The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good .


To exercise the right of withdrawal, you must inform us ( Fa. Rupert Höll, Teichstr. 14-16, D-38678 Clausthal-Zellerfel, Germany, Phone: 0049-(0)5323 83533, Fax: 0049-(0)5323 83221, e-mail: info@hoell-direct.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.


To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Effects of withdrawal


If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest


You shall send back the goods or hand them over to us or … [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.


If the consumer has received goods in connection with the contract:


(a) insert:


— ‘We will collect the goods.’; or,


— ‘You shall send back the goods or hand them over to us or … [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.


Model withdrawal form


(complete and return this form only if you wish to withdraw from the contract)


To Fa. Rupert Höll, Teichstr. 14-16, D 38678 Clausthal-Zellerfeld.


I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)


Ordered on (*)/received on (*),


Name of consumer(s),


Address of consumer(s),


Signature of consumer(s) (only if this form is notified on paper),


— Date EN


Art. 5 Prices, payment terms and shipping costs


 


All prices are given in EURO and include VAT (Value added tax). There is an additional flat-rate fee for shipping and handling costs. Please ask for the specific transport costs for your country. Payment terms of business clients might be switched to 14 or 30 days net. Prepayment may in case be requested without giving any cause.


 


 


 


Art. 6 Delivery, condition of the goods


 


Deliveries will be made upon receipt of the full purchase price plus the flat-rate shipping and handling fee. Partial deliveries are permitted where this is acceptable for the customer. We reserve the right to make minor, standard changes, in particular improvements, to the goods up to the time of delivery where this does not affect the customer´s interests to an unreasonable degree. Minor variances for technical reasons must be accepted.


 


 


 


Art. 7 Compensation


 


If we do not provide the service due, or if it is provided late or deficiently, the customer may only demand compensation


 


1. for damages arising from physical injury or hazards to


 


2. life and health attributable to a wilful or negligent violation


 


3. of obligations either on our part or on the part of one of our


 


4. legal representatives or agents,


 


5. for other damages attributable to a wilful or negligent


 


6. violation of obligations either on our part or the part of one


 


7. of our legal representatives, executives or agents, or to a wilful


 


8. or negligent violation of cardinal obligations on our part or on


 


9. the part of one of our legal representatives, executives or agents;


 


10. for damages falling under the protection of a


 


11. guarantee (warranty) we have issued or of any guarantees


 


12. of the condition or service life of the goods.


 


 


 


Art. 8 Retention of title


 


The goods remain the property of Fa. Rupert HÖll until final payment of the purchase price plus the flat-rate shipping and handling fee, and particularly while the customer can reverse the payment.


 


 


 


Art. 9 Set-off and retention rights


 


The customer may only offset claims which are undisputed or deemed legally final and absolute. The same legal conditions shall apply to the exercising of retention rights by the customer.


 


 


 


Art. 10 Applicable law, legal venue


 


The place of performance for all obligations of both contractual parties is Clausthal-Zellerfeld. The laws of the Federal Republic of Germany shall apply exclusively for these general terms and conditions and all legal relations between Fa. Rupert Höll and the buyer. The UN Convention on Contracts for the International Sale of Goods and the application of other laws, treaties, etc. is excluded. For all disputes arising from the contract, the court of law responsible for the registered office of Fa. Rupert Höll shall be exclusively responsible, where the buyer does not have a general legal venue in Germany or has transferred his legal venue to a foreign country.


 


 


 


Art. 11 Partial invalidity


 


Should any of the provisions of these general terms and conditions and the underlying contract become legally invalid or unfeasible in whole or in part, this shall not affect the validity of the remaining provisions of the contract and the general terms and conditions. The contractual partners are obligated to replace the invalid provision with one which is valid and which corresponds in commercial sense and purpose to that intended by the invalid provision. These general terms and conditions are valid without a signature.


 


WARNING INSTRUCTION: All of the mining lamps are replicas of original lamps, although made as authentic as possible the lamps are not made for use but for ornamental decoration. As far as the the mining lamp get used, the use follows at your own risk!!! The producer is not liable in this case.