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General Terms and Conditions

§ 1 Scope

The following general terms and conditions regulate the contractual relationship between

Harjes Metallkunst
Siedscheljer Heide 73A
28790 Schwanewede
germany
USt.-IDNr: DE 253 105 581

Telephone: +49 (0) 4209/5040
Fax: +49 (0) 4209/1779

Email: mailto:info@harjes-metallkunst.de
Internet: http://www.harjes-metallkunst.de

and customers who purchase merchandise from our shop. The contract language is German.

§ 2 Completion of the contract

The agreement is formed by our acceptance of your offer of an agreement, which is made by your order, through our order confirmation. This includes internet orders which you complete by inputting your data and clicking the order-button.

We are deemed to have accepted your offer on remittance of a confirmation of the order by email within three days. If this procedure is unsuccessful during this time period your offer can be considered as rejected, i.e. you are no longer bound by your offer.

§ 3 Customer-information: Storage of the order data

The text of the contract is stored by us with reference to the article. There is no access to the text of the contract over the internet.

§ 4 Customer-information: Adjust order

The customers can alter their information at any time before placing the order. We will inform you about your rights to change your order during the order process.

§ 5 Cancellation information, cancellation rights

Customers wishing to cancel their order must do so in writing (e.g. letter, fax or email) or by returning goods received within two weeks. No reason needs to be given. The two-week time limit begins after receipt of this information in writing, however not before receipt of the goods. In case of a continuous delivery of similar goods the time limit begins after receipt of the first part of the delivery) and not before fulfilment of our duties to furnish information in accordance with German law as in § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our duties in accordance with §§ 312e Abs. 1 sentence 1 BGB in conjunction with §§ 3 BGB-InfoV. In order to place a valid cancellation it is sufficient to timely send off the notice of cancellation or to return the goods within the two week time limit. The cancellation should be sent direct to:

Metalkunst Harjes
Siedscheljer Heide 73A
28790 Schwanewede
germany

USt.-IDNr: DE 253 105 581

Fax: +49 (0) 4209/1779

§ 6 Consequences of cancellation

In order to complete a valid cancellation both parties have to return received goods and money including the value of possibly drawn advantages (including interest). If the goods cannot be returned in their entirety or not in their original condition the purchaser must expect to compensate for lost value. This is not true for possible deterioration if it is caused by an examination as would take place if the purchaser had inspected the goods in a store. You may avoid any compensation for lost value which may even occur by using the item for its intended purpose, if you do not treat the object as your property and omit any handling which may impair its value. Goods should be returned in their original packaging and will be shipped back at our risk. Return costs will be at the customer’s expense if the delivered goods match the order and if the price of the goods to be returned does not exceed the value of 40 Euros or if for a more costly item the customer has not arranged payment or agreed partial payment at the time of cancellation. Otherwise you will not be charged for the return shipment. Obligations to the reimbursement of payments must be honoured within 30 days. For the customer the time limit begins with the sending off of the cancellation notice or the goods while for Harjes Metallkunst with their receipt.

§ 7 Return costs

A customer who wishes to cancel an order as guaranteed under § 6 will have to carry the costs of the return shipment if the delivered goods match the order and if the price of the goods to be returned does not exceed the value of 40 Euros or if for a more costly item the customer has not arranged payment or agreed partial payment at the time of cancellation.

Customers will not have to cover costs which incur by an agreed shipment to another location or by another agreed means.

§ 8 Reservation of ownership

The delivered goods remain the property of Harjes Metallkunst until paid in full.

§ 9 Guarantee and liability

Should delivered articles have material or manufacturing defects, please make complaints about visible defects - particularly transport damage - immediately to Harjes Metallkunst or to the person who has delivered the goods. During the legal period for the guarantee of two years after receipt of the goods, according to your choice, Harjes Metallkunst will either repair or replace the article. If the remedy of the defect or the replacement delivery is ineffective or if the replacement delivery is not possible or would only be possible at unjustifiably high cost, according to your choice, you are entitled to back out of the purchase through a rescission of the agreement or to a reduction of the purchase price.

More far-reaching claims of the customer based on whatever legal grounds are precluded. Therefore, Harjes Metallkunst is not liable for damages which do not occur directly to the delivered object. In particular, Harjes Metallkunst is not liable for lost profit or other damage to assets of the customer.

The above-mentioned disclaimer does not apply if the cause of damage is based on intent and gross negligence or injury to a person’s life, limb or health. Furthermore, it does not apply if the customer asserts claims based on §§ 1,4 of the Product Liability Act (Produkthaftungsgesetz) or claims from a composition or durability guarantee as in § 443 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

In the case of negligent violation by Harjes Metallkunst of an obligation important to the agreement, the liability to compensate for property damage or personal injury is limited to the damage or injury arising typically.

The two year guarantee also applies to claims due to secondary damage as long as they have not arisen from mistreatment of the product. We guarantee liability as prescribed under German law.

13.11.2009



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