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TERMS & CONDITIONS

Standard Business Terms and customer information

I. Terms

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you enter into with us as a supplier Eurotone eK Close via the website www.eurotone.de. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all of the order data are then displayed again on the order overview page.

If you use the "PayPal - Express" instant payment system by clicking the corresponding button integrated in the shop system, you will be redirected to the PayPal log-in page. After you have successfully registered, your address and account details stored with PayPal will be displayed. You will be redirected back to the order overview page in our online shop using the “continue” button.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By sending the order using the "Buy" button, you are making a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order is placed by means of a written confirmation (e.g. e-mail) in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

§ 3 Right of Retention, Retention of title

(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 warranty

(1) There are statutory liability for defects.

(2) In the case of used items, the warranty period is one year from delivery of the item, contrary to the statutory regulation. The shortening of the deadline does not apply:

- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing.

(3) As a consumer, you will be asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.

(4) As far as you are an entrepreneur, deviating from the above warranty regulations applies:

a)  As a condition of the thing only our own information and the product description of the manufacturer as agreed apply, but not other advertising, public claims and expressions of the manufacturer.

b)  In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c)  The warranty period is one year from date of delivery. The reduction in time does not apply:

- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.

§ 5 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention explicitly do not apply.

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II. Customer Information

1. Identity of the seller

Eurotone eK
Owner: Dennis Belen
Malteser Str. 170
12277 Berlin
Germany
Phone: 03066778166
Email: info@eurotone.de

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

We are not prepared to take part in dispute settlement proceedings before consumer arbitration boards.

2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, treaty text storage

3.1. Contract language is English.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the good or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Price and Payment Methods

5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

6. Delivery terms

6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

Are you an entrepreneur, supply and shipment is at your risk.

7. Statutory warranty rights

The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.

last update: 07.12.2017