Terms and Conditions
TERMS AND CONDITIONS OF CAYLER & SONS GMBH and PROJECT DELRAY
§1 SCOPE AND DEFINITIONS
(1) These terms and conditions apply to all business relations between us and the customer in force at the time of the order.
(2) "Consumer" within the meaning of these Terms and Conditions shall mean any natural person who does business with us for a purpose that is neither commercial nor their independent vocational activity may be attributed to (§ 13 BGB).
(3) "Contractor" for the purposes of these Terms, all natural or legal persons or partnerships with legal personality, the contact us in business and acting in the exercise of their commercial or self-employment (§ 14 BGB). If a contractor is not acting in the exercise of his trade, business or occupation, his specific rights for consumers to also benefit. He is regarded as consumer within the meaning of these terms and conditions.
(4) "Customer" in the sense of these General Terms and Conditions are both consumers and entrepreneurs to understand.
(5) Terms of entrepreneurs who stand in our terms and conditions of this or this supplement are even informed, not part of the contract unless, that their validity is expressly agreed in writing.
§2 CONCLUSION OF A CONTRACT, STORAGE OF CONTRACT(1) The following rules apply to the contract orders through http://project-delray.com/.
(2) If a contract, it is closed with:
Cayler & Sons GmbH
legally represented by the CEOs Dr. Christian Boszczyk & Paul Hintermeier
80636 Munich / Germany
Commercial register entry: HRB 184348, Amtsgericht München
The set of goods in our online shop is not a legally binding offer by us, but is merely a non-binding invitation for the customer to order this product. The customer is only a binding contract offer when it passes through the ordering procedure foreseen in our shop:
a) Select the desired product by clicking the "Add to cart" button
b) Check the basket
c) Press the button "Checkout"
d) Select the button "Next"
e) Sign in the webshop after your registration and enter your details (e-mail adresse and password)
f) check your details
g) Binding sending the order through the "order now" button.
Before the mandatory sending of the order, the customer can return to the page on which the data were collected, which has made the customer during the order process by clicking the "Back" button of their browser to check its details again. There he can correct any error or exit the ordering process by closing the Internet browser.
After receiving the order we confirm this by automatically composed email. However, this email does not constitute acceptance of the offer on our part dar. is an acceptance of the offer by us in writing, in writing or by delivering the goods.
§3 PRICES, SHIPPING, PAYMENT, MATURITY(1) All prices include VAT and other price components. This does not include any shipping costs.
(2) you are able to pay via vorkasse (debit) or paypal.
(3) If a customer pays through PayPal or Direct Debit, he is committed to pay the corresponding amount of money right after the contract formation.
(4) Customers will receive an invoice along with the delivery. Customers will receive a invoice about the respective partial amount on partial delivery.
§4 DELIVERY, TRANSFER OF RISK(1) If we do not explicitly specify in the product description something different, set all of us in the Internet shop goods can be shipped immediately.
(2) If the customer is a consumer, a transfer of the risk of accidental loss and accidental deterioration of the goods until the goods are delivered to the customer takes place.
(3) If the customer is an entrepreneur, a transition takes the risk of accidental loss and accidental deterioration of the goods already held when we hand over the goods to the logistics companies contracted by us.
§5 RETENTION OF TITLE(1) If the customer is a consumer, we retain ownership of the goods until full payment of the purchase price.
(2) If the customer is an entrepreneur, we reserve title to the goods until full payment of all claims which arise from the current business relationship. If the value of the goods the secured claims from the current business relationship by 10%, we are required to release the reserved goods.
(3) If the customer is a business, this may resell the goods in the ordinary course of business. In this case, he now assigns to us all claims in the amount of the invoice amount, the customer grow by a further sale to third parties in relation to these. We accept the assignment already now. The contractor is authorized by us after the assignment to collect the debt. However, we reserve the event. That the contractor does not fulfill his payment obligations, and in default of payment, the right to collect the claim itself. A processing and handling of the goods delivered by an entrepreneur is the name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This ownership is measured relative to the value of the goods supplied by us. The same applies if the goods by an entrepreneur processing or mixing with such objects that do not belong to us.
§6 WARRANTY(1) For consumers, the statutory warranty regulations.
(2) statute of limitations for used items warranty claims for consumers in derogation of one year from date of delivery. Such a shortening of the period of limitation, however, does not apply to warranty claims, which have a result in damages and where intent or gross negligence or breach of fundamental contractual obligations is present. Significant contractual obligations are those by whose fulfillment a proper implementation and execution of the contract is at all possible and on which a buyer can usually trust.
(3) Claims for damages by consumers because of an injury to life, body or health or due to provisions of the Product Liability Act (Product Liability Act) are unaffected. For any of our agents, the same rules apply.
(4) Warranty claims that are not directed to a compensation for entrepreneurs to expire one year from date of delivery. This does not affect the statutory limitation periods for recourse by the contractor according to § 478 BGB.
(5) Within the scope of these Terms and Conditions shall be obliged to examine the received goods immediately on quantity and quality deviations. Obvious defects must be reported to us in writing within a period of one week from receipt of the relevant goods. The assertion of warranty claims is excluded if the contractor fails to fulfill the obligation to display. The employer is obliged to notify us of hidden defects within a period of one week's written notice. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the defect is dispatched on time. The burden of proof for any claim, especially for the defect itself, the time of its establishment and for the timeliness of the complaint in this case carries the entrepreneur.
(6) Customized and embroidered products: we can not take back products that are specially customized or emroidered. All sizes, material and the condition of the goods are based on the preview in our online shop. Failure pattern, reproductions, proofs, graphic design files etc. should be examined in advance by the buyer - as well as text, design and other errors. Any corrections and amendments needs to be confirmed in written or oral form by the contracting authority. Additional costs caused by this matter, need to be compensate by the client.
§7 LIMITATION OF LIABILITYA liability for damages that are caused by simple negligence is excluded, unless they result from the violation of essential contractual obligations, a guarantee for the quality of the purchase object affect, damages resulting from injury to life, body or health or claims under the Product Liability Act (Product Liability Act) are affected. Significant contractual obligations are those by whose fulfillment a proper implementation and execution of the contract is at all possible and on which a buyer can usually trust. For any of our agents, the same rules apply. A liability for the violation of essential contractual obligations is, in cases of simple negligence is limited to damages that are foreseeable and connected with the contract typically.
§8 RIGHT OF WITHDRAWAL AS A CONSUMER:
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, email) or - also by returning the thing - if the goods before the deadline expires. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Abs . 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing.
OG Logistik UG (haftungsbeschränkt)
THE REVOCATION MUST BE SENT TO:
- PROJECT DELRAY RETURNS -
In case of an effective withdrawal, the mutually received benefits are attributable-grant, and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits of use) or in part, or only restitute it in a deteriorated condition, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and trying out the goods, as it is possible and customary in a retail store.
Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have contractually agreed part payment provided. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
END OF CANCELLATION POLICY
If you exercise your right of cancellation, you have to pay the regular costs of the return if the delivered goods ordered corresponds and if the price returned the case of an amount not exceeding 40 euros or if you are at the time at a higher price the thing revocation have not yet paid the consideration or a contractually agreed part payment. In all other cases, you have to bear any costs.
§9 CONTRACT PROVISIONS REGARDING THE RETURN COSTS FOR REVOCATION
(1) The implementation and execution of the contract is exclusively the German language into consideration.
§10 CONTRACT LANGUAGE, CHOICE OF LAW AND JURISDICTION
(2) The contractual relations between the law of the Federal Republic of Germany, the CISG is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only to the extent that the protection granted is revoked by mandatory provisions of the laws of the State by the consumer has his habitual residence.
(3) If the customer is a merchant, legal entity under public law or public law special fund, shall have exclusive jurisdiction for all disputes arising from this contract is our registered office.
We have subjected us no codes.
§11 CODEOF THE CODE OF CONDUCT
Our customer service for questions and complaints is available weekdays from Clock 09:00 bis 14:00 clock and 15:00 to 17:00 via
§12 CUSTOMER SERVICE
Phone: +49 (0) 89 543 200 72
§13 SEVERABILITYIf one or more provisions of these terms and conditions is invalid or unenforceable, this they afterwards, the remaining provisions shall remain unaffected. This applies not only when a party is disadvantaged as unreasonable by the elimination of individual clauses that you can not be expected to adhere to the contract.
State of Terms: 1/2014