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General business terms
of Dildo Royal and the Internet Shop www.Dildo-Royal.com
§ 1 Preamble
In most cases, people do not react allergically to aluminium. Also aluminium is absolut consistent to sour and alkaline impacts at normal use. If you still eperience any allergic reactions or any other health problems due to our aluminium products, we do not assume any liability. The use of our products is subject to your own responsibility.
(1) These GTC shall govern all contracts, and any other services as they have existed at the time of the order. Contracts entered with the customer are solely based on these GTC, which the customer has accepted and agreed to.
(2) Any other regulations of the customer are expressly not being accepted unless Dildo Royal has expressly agreed to them in writing.
(3) Dildo Royal expressly reserves the right to change or amend these GTC. Orders received before any changes to these GTC have been made, will be subject to those GTC before the aforementioned changes.
§ 2 Conclusion of the Contract
(1) Our products are sold in usual household quantities only. Larger orders require a request to Dildo Royal. The display of the assortment of products on the website of www.dildo-royal.com is only an invitatio ad offerendum and does not represent an offer in terms of §§145 ff. German Civil Code.
(2) The contract between the customer and Dildo Royal is being concluded in the following way: The customer orders via E-Mail, Fax or in any other way and thus offers to buy goods (in terms of §145 German Civil Code) from Dildo Royal. The customer will then be informed about the reception of this order via Email. This does not represent an acceptation of the customers offer to enter a purchase contract. Dildo Royal expressly reserves the right to accept the customer's offer within two weeks by sending a confirmation via Email or by sending the goods according to the conditions at the time of the customer's order. If the seller does not accept within two weeks, the customer is no longer bound to his offer.
(3) The customer will be informed about possible mistakes in the display of the assortment of products on the website of Dildo Royal separately where required and will be offered an adequate counter offer. Small differences and technical changes compared to the images and descriptions are possible.
(4) The goods can be purchased only if the customer has given his consent with these terms and conditions and if he has acknowledged the cancellation consequences.
§ 3 Delivery
(1) The shipping is beeing initiated as quickly as possible and is carried out worldwide. We reserve the right to partial shipment if it is advantageous for a faster processing of the order. If not agreed differently, the shipment is beeing sent from the store of our logisitc partner "Berliner Dialogmarketing Gesellschaft" to the address provided by the orderer.
(2) For the goods to be shipped by Dildo Royal in accordance to the contract of purchase, we do not charge any fee for shipping within germany. For shipping into any other country we charge fees as indicated. For any kind of sprecial shipping we charge a local surcharge.
(3) Products which are highly requested may cause a delay in delivery. Usually we inform you about that already when ordering in the field Availability. These orders will then be processed in the order of their receipt. If your order will be affected by such a delay we will inform you via email as quickly as possible and will ask your consent with a delay.
§ 4 Maturity, Payment and Delay of Payment
Dildo Royal accepts only those methods of payment as have been indicated during the ordering process. All prices are including german VAT of currently 19 %. The payment period excluding the internet is 14 days unless differently agreed in writing. If the customer delays payment then Dildo Royal is entitled to charge interest of 5 % p.a. above the prime rate of the European Central Bank. Dildo Royal expressly reserves the right to assert further claims for damages caused by delay as long as Dildo Royal has evidently faced such damage.
§ 5 Direct Debiting System
If the customer has chosen to pay by direct debiting the following shall apply:
(1) The customer grants Dildo Royal revocable authorisation to collect payments via direct debiting in his own name on the behalf of Dildo Royal. Dildo Royal will collect the due payments from the customer's bank account after Dildo Royal has accepted the customer's offer of entering into this contract.
(2) The customer must provide sufficient cover on his bank account at any time to enable Dildo Royal to collect the due payments.
(3) If payments collected from the customer's bank account are being reversed due to insufficient cover or if the customer unlawfully revoked the collected payment then the customer must pay the fees for returned debit note plus a handling charge of 10 €.
(4) If the customer believes that payments have been withdrawn wrongfully he must inform Dildo Royal immediately. After receiving that complaint from the customer, Dildo Royal must examine it closely and refund immediately any payments wrongfully collected. A revocation of a payment by direct debit can result in fees for returned debit note and a handling charge of 10 € if the revocation was not justifiable.
§ 6 Warranty
(1) If the goods delivered have any defects then §§ 433 ff. German Civil Code will take effect.
(2) Dildo Royal can deny supplementary performance as requested by the customer if this would effect in disproportional costs. Thereby has be taken into account especially the value of the object in defect-free condition, the relevance of the defect, as well as the question if the other form of supplementary performance can be resorted to without significant drawback for the customer. The customer's claim is in this case restricted to the other form of supplementary performance; the seller’s right to refuse also that supplementary performance under the conditions laid out in law is unaffected. The warranty of the seller is in accordance to the regulations as stated in the German Civil Code.
§ 7 Cancellation of the contract
We try our best to deliver the goods as fast as possible or at you chosen time. Neither party shall be liable for any failure or delay in performance if said failures or delays are caused by force majeure, causes beyond that party's reasonable control and occurring without that party's fault or negligence whose performance is affected. In this case the period of delivery will be appropriately extended. If the failure or delay in performance is caused by any other reason, the customer has the right to fix a period of time in writing and to cancel the contract in the case that this deadline is not being met successfully. If the failure in performance is due to a failure of suppliers, subcontractors, and carriers then both parties have the right to cancel the contract provided that the agreed delivery deadline has exceeded for more than one month. In this case, the customer shall be given prompt written notice about the unavailability and will be reimbursed immediately.
§ 8 Compensation Claims
Any claims for damages of customer shall be expressly excluded unless the damages are attributable to wilful intent or gross negligence on the part of Dildo Royal, its legal representatives or its vicarious agents. The aforementioned exclusion shall not apply to damages resulting from injury to life, body or health.
§ 9 Reservation of Proprietary Rights
The delivered goods remain the property of Dildo Royal until they are fully paid.
§ 10 Place of Jurisdiction
If the contracting parties are merchants, legal bodies under public law, or separate estates under public law, place of jurisdiction for any and all disputes and claims arising out of this contract shall be the place of residence of Dildo Royal.
Dildo Royal
passion@Dildo-Royal.com
www.Dildo-Royal.com
Knöbelstr.6
80538 München
Stefan Jagla
Rechtsform: Einzelfirma
Tel.: +49 (0) 1722166220
Fax: +49 (0) 89 33038380
17.02.2011