General Terms & Conditions
The following General Terms and Conditions as of June 1, 2010 and as amended shall exclusively apply.
§ 1 Scope and Defense Clause
(1) Any and all legal relationships established between Equimag GmbH (Provider) and Customer on base of this online shop shall exclusively be subject to the following General Terms and Conditions as amended and applicable at the point of order placement.
(2) Any General Terms and Conditions of Customers deviating therefrom shall be excluded.
§ 2 Contract Conclusion
(1) Any presentation of products offered via the online shop shall not be deemed as Provider’s binding offer to conclude a purchase contract. Customer shall only be invited to communicate its intent to purchase specific products offered by Equimag GmbH by requesting an offer.
(2) Customer’s sending of orders by e-mail/fax/mailed letter shall constitute Customer’s order placement, aiming at conclusion of a purchase contract on those products specified in Customer’s shopping cart.
Customer’s sending of orders shall be deemed as Customer’s consent to accepting the Terms and Conditions set forth hereunder as exclusively applicable for its legal relationship to Equimag GmbH.
(3) Equimag GmbH shall confirm the receipt of Customer’s order by sending an order4 confirmation via e-mail/fax/mailed letter. Order confirmations shall not constitute Provider’s agreement to concluding a contract. It shall only serve to inform Customer on the fact that Equimag GmbH has received Customer’s order. Agreements to conclude respective purchase contracts shall either be made by the delivery of products ordered or by explicit notification of acceptance (acceptance of order).
§ 3 Reservation of Ownership
Until complete settlement of all claims against Customer, delivered goods shall remain the property of Equimag GmbH.
§ 4 Payment Dates
Payment of respective purchases prices shall be due upon contract conclusion.
§ 5 Warranty
(1) Unless specified otherwise hereunder, Customer shall be granted warranty rights in accordance with applicable legal provisions. Any claims for damages brought forth by Customer against Equimag GmbH shall be governed by § 6 hereof.
(2) For Customers who are consumers, Customer’s rights to warranty claims shall come under statutes of limitations after expiration of 2 years for new products and after expiration of 1 year for used products, respectively. For corporate clients, the period of limitation shall be 1 year for both, new and used products. The above mentioned foreshortening of the limitation period shall not apply to damage claims by Customers resulting from injury to life and limb, and claims for damages arising due to breach of principal contractual obligations. Principal contractual obligations shall be those whose fulfillment is required in order to realize the objective of the contract. For instance, Equimag GmbH shall be obliged to deliver Customer with products free from material and legal defects, and to ensure Customer acquires property thereof. Neither shall the above mentioned foreshortening of the limitation period apply to damage claims which result from intentional or grossly negligent breach of duty on part of Equimag GmbH, its legal representatives, and/or vicarious agents. Furthermore, for corporate clients the right to recourse according to § 478 BGB (German Civil Code) shall be excluded from limitation period foreshortening, in case Customer is a corporate client.
(3) Equimag GmbH shall grant its warrantees by issuing warranty certificates.
§ 6 Exclusion of Liability
(1) Unless specified otherwise, claims for damages on part of the Customer shall be excluded. In case, Customer claims damages against those parties, the above limitation of liability shall also apply to legal representatives and vicarious agents of Equimag GmbH.
(2) Claims for damages resulting from injury to life and limb, and claims for damages arising due to breach of principal contractual obligations shall be excluded from the provisions set forth in Article (1) hereof. Principal contractual obligations shall be those whose fulfillment is required in order to realize the objective of the contract. For instance, Equimag GmbH shall be obliged to deliver Customer with products free from material and legal defects, and to ensure Customer acquires property thereof. Furthermore excluded from the limitation of liability shall be damage claims which result from intentional or grossly negligent breach of duty on part of the Seller, its legal representatives, and/or vicarious agents.
(3) Any and all provisions according to the Product Liability Act shall remain unaffected.
§ 7 Non-Assignment and Non-Pledge Clause
Costumer’s assignment and/or pledging of its claims and/or rights against Equimag GmbH to any third parties shall be subject to Equimag GmbH’s consent, unless Customer proves evidence of its legitimate interest in suchlike assignment or pledge.
§ 8 Right to Set-Off
Customer shall be entitled rights to set-off if its respective claim for counterbalancing is undisputed or adjudged valid.
§ 9 Applicable Law & Place of Jurisdiction
(1) The contractual relationship between Customer and Equimag GmbH shall be governed by the Laws of the Federal Republic of Germany. Excluded from this choice of law shall be compelling national Consumer Protection Acts applicable in Customer’s general place of residence. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
(2) Any and all disputes arising out of or in relation to the contractual relationship between Customer and Equimag GmbH shall be settled by the competent courts at Equimag GmbH’s place of registered office. This provision shall apply to Customers, who are traders, corporate body under public law, or special fund subject to public law.
§ 10 Severability
In the event any provision hereunder is or becomes invalid or ineffective the remaining provisions shall remain unaffected thereby.
Effective Date June 11, 2010
§ 1 Scope and Defense Clause
(1) Any and all legal relationships established between Equimag GmbH (Provider) and Customer on base of this online shop shall exclusively be subject to the following General Terms and Conditions as amended and applicable at the point of order placement.
(2) Any General Terms and Conditions of Customers deviating therefrom shall be excluded.
§ 2 Contract Conclusion
(1) Any presentation of products offered via the online shop shall not be deemed as Provider’s binding offer to conclude a purchase contract. Customer shall only be invited to communicate its intent to purchase specific products offered by Equimag GmbH by requesting an offer.
(2) Customer’s sending of orders by e-mail/fax/mailed letter shall constitute Customer’s order placement, aiming at conclusion of a purchase contract on those products specified in Customer’s shopping cart.
Customer’s sending of orders shall be deemed as Customer’s consent to accepting the Terms and Conditions set forth hereunder as exclusively applicable for its legal relationship to Equimag GmbH.
(3) Equimag GmbH shall confirm the receipt of Customer’s order by sending an order4 confirmation via e-mail/fax/mailed letter. Order confirmations shall not constitute Provider’s agreement to concluding a contract. It shall only serve to inform Customer on the fact that Equimag GmbH has received Customer’s order. Agreements to conclude respective purchase contracts shall either be made by the delivery of products ordered or by explicit notification of acceptance (acceptance of order).
§ 3 Reservation of Ownership
Until complete settlement of all claims against Customer, delivered goods shall remain the property of Equimag GmbH.
§ 4 Payment Dates
Payment of respective purchases prices shall be due upon contract conclusion.
§ 5 Warranty
(1) Unless specified otherwise hereunder, Customer shall be granted warranty rights in accordance with applicable legal provisions. Any claims for damages brought forth by Customer against Equimag GmbH shall be governed by § 6 hereof.
(2) For Customers who are consumers, Customer’s rights to warranty claims shall come under statutes of limitations after expiration of 2 years for new products and after expiration of 1 year for used products, respectively. For corporate clients, the period of limitation shall be 1 year for both, new and used products. The above mentioned foreshortening of the limitation period shall not apply to damage claims by Customers resulting from injury to life and limb, and claims for damages arising due to breach of principal contractual obligations. Principal contractual obligations shall be those whose fulfillment is required in order to realize the objective of the contract. For instance, Equimag GmbH shall be obliged to deliver Customer with products free from material and legal defects, and to ensure Customer acquires property thereof. Neither shall the above mentioned foreshortening of the limitation period apply to damage claims which result from intentional or grossly negligent breach of duty on part of Equimag GmbH, its legal representatives, and/or vicarious agents. Furthermore, for corporate clients the right to recourse according to § 478 BGB (German Civil Code) shall be excluded from limitation period foreshortening, in case Customer is a corporate client.
(3) Equimag GmbH shall grant its warrantees by issuing warranty certificates.
§ 6 Exclusion of Liability
(1) Unless specified otherwise, claims for damages on part of the Customer shall be excluded. In case, Customer claims damages against those parties, the above limitation of liability shall also apply to legal representatives and vicarious agents of Equimag GmbH.
(2) Claims for damages resulting from injury to life and limb, and claims for damages arising due to breach of principal contractual obligations shall be excluded from the provisions set forth in Article (1) hereof. Principal contractual obligations shall be those whose fulfillment is required in order to realize the objective of the contract. For instance, Equimag GmbH shall be obliged to deliver Customer with products free from material and legal defects, and to ensure Customer acquires property thereof. Furthermore excluded from the limitation of liability shall be damage claims which result from intentional or grossly negligent breach of duty on part of the Seller, its legal representatives, and/or vicarious agents.
(3) Any and all provisions according to the Product Liability Act shall remain unaffected.
§ 7 Non-Assignment and Non-Pledge Clause
Costumer’s assignment and/or pledging of its claims and/or rights against Equimag GmbH to any third parties shall be subject to Equimag GmbH’s consent, unless Customer proves evidence of its legitimate interest in suchlike assignment or pledge.
§ 8 Right to Set-Off
Customer shall be entitled rights to set-off if its respective claim for counterbalancing is undisputed or adjudged valid.
§ 9 Applicable Law & Place of Jurisdiction
(1) The contractual relationship between Customer and Equimag GmbH shall be governed by the Laws of the Federal Republic of Germany. Excluded from this choice of law shall be compelling national Consumer Protection Acts applicable in Customer’s general place of residence. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
(2) Any and all disputes arising out of or in relation to the contractual relationship between Customer and Equimag GmbH shall be settled by the competent courts at Equimag GmbH’s place of registered office. This provision shall apply to Customers, who are traders, corporate body under public law, or special fund subject to public law.
§ 10 Severability
In the event any provision hereunder is or becomes invalid or ineffective the remaining provisions shall remain unaffected thereby.
Effective Date June 11, 2010
Revocation Notice
Right of Revocation
You are entitled to revoke your contractual statement in writing (e.g. postal letter, fax, e-mail) within 14 days without giving any reasons. Alternatively – if you have already received the contractual item – you may revoke your contractual statement by returning the contractual item to us. The grace period for revocations shall commence upon your receipt of this information in written form; however, not before the recipient’s receipt of the goods in question (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery). The revocation period shall be met by timely sending of the withdrawal declaration or timely shipment of respective goods. Please send your withdrawal declaration to:
Equimag GmbH
Am Berg 25
D-36396 Steinau / Germany
Phone +49 (0) 6663 919191
Fax +49 (0) 6663 919192
info@equimag.de
www.equimag.de
Consequences of Revocation
In the event of effective withdrawal any mutually received benefits shall be refunded and possible benefits derived (e.g. interest) shall be returned. In case you are unable to return received benefits, be it whole or in part or only in a deteriorated state, you may be obliged to value replacement. In case of delivered goods this shall not apply in the event that the deterioration solely results from inspection of the goods as it would have been possible in a retail outlet. In other respects, an obligation to compensate for deterioration resulting from utilizing goods as intended can be avoided by not using the goods as if they were your property and by refraining from doing anything that possibly impairs their respective value. Items suitable for delivery by parcel are to be returned at our risk. In the event delivered goods comply with the goods ordered and the purchase price for goods returned does not exceed an amount of EUR 40.- (or, for higher purchase prices, you have not reciprocated any considerations or contractually agreed partial payments at the time of withdrawal), you shall bear any and all expenses arising due to the goods’ return. For any other circumstances, the expenses for the return of items shall be borne by us. Obligations to refund payments shall be met within 30 days. For you, the respective term shall commence upon sending of your withdrawal statement or dispatch of respective items; for us, the respective term shall commence upon the item’s receipt.
End of the revocation notice
Your Equimag-Team
Effective Date June 11, 2010
You are entitled to revoke your contractual statement in writing (e.g. postal letter, fax, e-mail) within 14 days without giving any reasons. Alternatively – if you have already received the contractual item – you may revoke your contractual statement by returning the contractual item to us. The grace period for revocations shall commence upon your receipt of this information in written form; however, not before the recipient’s receipt of the goods in question (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery). The revocation period shall be met by timely sending of the withdrawal declaration or timely shipment of respective goods. Please send your withdrawal declaration to:
Equimag GmbH
Am Berg 25
D-36396 Steinau / Germany
Phone +49 (0) 6663 919191
Fax +49 (0) 6663 919192
info@equimag.de
www.equimag.de
Consequences of Revocation
In the event of effective withdrawal any mutually received benefits shall be refunded and possible benefits derived (e.g. interest) shall be returned. In case you are unable to return received benefits, be it whole or in part or only in a deteriorated state, you may be obliged to value replacement. In case of delivered goods this shall not apply in the event that the deterioration solely results from inspection of the goods as it would have been possible in a retail outlet. In other respects, an obligation to compensate for deterioration resulting from utilizing goods as intended can be avoided by not using the goods as if they were your property and by refraining from doing anything that possibly impairs their respective value. Items suitable for delivery by parcel are to be returned at our risk. In the event delivered goods comply with the goods ordered and the purchase price for goods returned does not exceed an amount of EUR 40.- (or, for higher purchase prices, you have not reciprocated any considerations or contractually agreed partial payments at the time of withdrawal), you shall bear any and all expenses arising due to the goods’ return. For any other circumstances, the expenses for the return of items shall be borne by us. Obligations to refund payments shall be met within 30 days. For you, the respective term shall commence upon sending of your withdrawal statement or dispatch of respective items; for us, the respective term shall commence upon the item’s receipt.
End of the revocation notice
Your Equimag-Team
Effective Date June 11, 2010