General
Terms and Conditions
and Consumer Information
1.
Preface, Applicability
1.1.The
following General Terms and Conditions (GTC) apply for all orders placed
using our "worldvoyager1" account or rather
in our eBay shop at eBay.
General terms and conditions of the buyer, which contradict or differ from the
following terms, do
not apply. The following terms and conditions also
exclusively apply, if we implicitly execute the delivery and service with the
knowledge of the buyer's contradicting or conditions differing from the
following terms and conditions.
1.2
Deviations from these General Terms and
Conditions, supplementary agreements and subsidiary agreements require our
explicit confirmation.
2.
Possibility of storage, access to the contract wording, confirmation of order
receipt
2.1 Normally you can simply print this document
here or save it using your browser (=> save file as...). You can also
download this document as a PDF file by clicking on the opposite, following
link => download
of the General Terms and Conditions
For
reading you will require the free Adobe Reader programme (downloadable on
Adobe's producer page). Should this not be presently possible, you can also find
the GTC on the
-page
under our eBay name "worldvoyager1": General
Terms and Conditions from worldvoyager1
2.2. Due to security reasons your precise order data is not immediately
available.
However for a limited time eBay offers the buyer the opportunity of viewing the
data in "My eBay". If you have given us feedback, you can also access
the data for a limited time period in our feedback, should it be a matter of a
public transaction at eBay.
2.3. Furthermore you will receive an order receipt confirmation emai after your
order, which also contains all relevant data (also these GTC with the
cancellation
instructions) which you can save. Should you have not received this mail within
two (2) hours after your order, please first check if the message was not
blocked by a spam filter - this occurs frequently in the case of freemail
addresses. Otherwise please resort to the initially indicated contact data.
3. Language
and Contract Conclusion
3.1.
Momentarily you can obtain our offers and with them the opportunity of
concluding a contract in the German and English language.
3.2.
By using the Buy It Now option, you are placing a binding order for the
merchandise contained in the offer. The sales contract is accomplished with your
bid, unless conditions contained in the offer are not met (for example
inadmissible country of delivery). For auctions, the sales contract is
accomplished, if you are the highest bidder at the the time the
auction ends.
4.
Prices and Terms of Payment
4.1.
All prices are quoted in Euro. Starting bids at eBay auctions increase according
to the bids. Buy It Now prices and the resulting highest bid at the end of an
auction contain the statutory value added tax and do not include costs for
shipping and packaging. The routine eBay fees which accrue for the offer and the
sale are at our expense - as designated in the eBay General Terms and Conditions.
4.2.
We offer you the alternatives of payment via PayPal or by bank transfer to our
account. The invoice number as well as the bank data can be found on the invoice. You also have the alternative of cash payment during pick up
at our warehouse in 77790 Steinach, Hauptstrasse 24 during the following
indicated business hours:
Mondays through Thursdays: 8 am - 4 pm
Fridays: 8 am - 3 pm
5.
Offsetting, Right of Retention
5.1.
You are entitled to the right of offsetting when your counterclaims have been
legally determined, are indisputable or accepted by us.
5.2. You are only authorised to exercise a right of retention insofar your
counterclaim is based on the same contractual relationship.
6.
Right
of Cancellation for Consumers
Statutory
information
for the right of cancellation in distance selling
for consumers:
Right
of cancellation
If
you are ordering for private purposes, as a consumer, you are no longer bound to
your declaration of intend directed towards contract
conclusion, if you have cancelled it in due time
Exercise
of cancellation
The cancellation need not contain any reason and is to be declared to the
entrepreneur in the written form (e.g. letter, fax, email) or by returning the
merchandise within 1 month; the punctual dispatch of the cancellation or the
merchandise suffices for ensuring the time limit.
The notification of cancellation is to be sent to:
Erwin Rastetter
Dörfle 5
77790 Steinach
Fax: +49(0) 7832 976920
E-Mail:
info@emartec.com
Course of the revocation period,
commencement of the time limit
The
course of the revocation period only commences in compliance with various legal
requirements. For electronic orders on the Internet for example, provisions for
the support of recognising input errors and information on this as well as,
among other things, essential information regarding contract conclusion and
contents, contract language and storage of the contract wording must be made
available to the consumer on the part of the entrepreneur. Furthermore the
consumer must also be additionally informed of essential information regarding
the offer and the contract in the written form.
In no case does the course of the revocation period commence until the consumer
has received the notification of the cancellation instructions in the written
form (e.g. letter, fax, email) as separately given, clearly formed instructions;
the time limit for shipments does not commence until the day the addressee has
received the merchandise.
Commencement of the time limit is the first day after
day ends on which the last requirement has been met.
Cancellation
Consequences
Return
In the event of an effective cancellation both parties are obligated to warrant
return of services rendered and if applicable to release profits which were made
(e.g. interest).
Package transportable merchandise is to be returned at our costs and risk.
Non-package
transportable merchandise will be picked up at our costs and risk.
However, you must bear the costs for the return shipment if the delivered
merchandise corresponds to the merchandise ordered and if the price of the
merchandise which is to be returned, does not exceed the amount of 40 Euros or
in the case of higher
priced merchandise, you have not yet rendered the return service or a
contractually stipulated partial payment at the time of cancellation. Otherwise
the return shipment is free of charge for you.You
must fulfil obligations for the reimbursement of payments within 30 days after
dispatching the notice of cancellation.
Obligation
for value replacement and information regarding avoidance
Should
you not be able be to return the rendered service completely or partially or
only in a declined condition, we are, under certain conditions, entitled to
demand value replacement.
A
condition for an obligation for value replacement for a decline of the
merchandise resulting from the intended commencement of use of the merchandise,
is the notification of the instructions regarding a possible obligation for
value replacement and a possibility of avoiding it, in the written form (e.g.
letter, fax, email) at contract conclusion. An obligation for value
replacement does not exist, among other things, if the decline of the
merchandise can be solely attributed to its examination - as it would have been
possible for you in a store.
Furthermore
you can avoid the obligation of value replacement by not using the merchandise
as an owner would and by refraining from anything that affects the market value
of the merchandise.
For
our contracts concluded with consumers at eBay, you are only faced with claims
for value replacement for an intended commencement of use due to the requirement
of the written form, if you have, as an exception, received the instructions
regarding the value replacement in the written form, for Buy It Now offers,
before placing your order; the condition for auctions is that you have received
the instructions in the written form before the end of the auction or rather as
second bidder, before contract conclusion.
Non-existence
of the right of cancellation
Legal exceptions of the right of cancellation apply (§ 312d clause 4 German
Civil Code), in which we reserve the right to refer to the following regulations
in reference to you, should the requirements exist:
A right of cancellation does not exist for distance selling contracts for the
delivery of merchandise which was manufactured according to customer
specifications or which is distinctively custom-designed.
End of the cancellation instructions
7.
Delivery, Transfer of Perils
7.1.
We deliver worldwide.
7.2. We can determine the type of shipping, the shipping route and the company
assigned with the shipment according to our equitable discretion. Delivery is
executed up to the first lockable door of the delivery address indicated by the
buyer provided that no other agreements were made.
7.3. The delivery time is adequately prolonged in the case of strike
measures and lockouts which affect delivery as well as other circumstances which
we are not responsible for, in particular in the case of delivery delays due to
force majeure. We will inform the buyer immediately of the beginning and ending
of such hindrances.
7.4. In the case of mail order purchases the risk of accidental loss and
accidental decline of the purchased merchandise for consumers is transferred to
the consumer with the delivery of the merchandise to the consumer or an
addressee determined by the consumer. This applies independent of whether
shipment is effected insured or not.
For entrepreneurs the risk of accidental loss and accidental decline of
the merchandise is transferred to the entrepreneur with delivery, in the case of
mail order purchases it is transferred to the entrepreneur with delivery of the
merchandise to the forwarding agent or to another person or institution assigned
to executing shipment.
8.
Retention of Title
We retain the title of the delivered merchandise until complete payment of the
sales price has been effected.
9.
Information
regarding statutory warranty
9.1.
The statutory warrany period of 2 years applies for the merchandise we deliver.
The time limit commences
with the delivery of the merchandise.
9.2.
We are obligated to render supplementary performance, i.e. rectification of
deficiencies or replacement, according to your choice for defects during the
warranty period which are subject to the statutory warranty, whereas the right
of choice can be limited if statutory conditions exist.
Should we not be prepared or able to rectify deficiencies or to replace
the defective merchandise or should this be prolonged exceeding an appropriate
time limit due to reasons which we are responsible for or should the
rectification of deficiencies or replacement fail in other ways, you are,
according to your choice, either entitled to demand a respective reduction of
the purchase price or to withdraw from the contract.
Claims for compensation can also
exist if statutory requirements are existent. Furthermore cancellation as well
as compensation instead of the complete service are excluded, if the deficiency
only insubstantially reduces the value or the efficiency of the purchased
merchandise or rather of the work.
9.3.
Please contact our after-sales service for service enquiries, which you can
reach as follows:
Erwin
Rastetter
Dörfle 5
77790 Steinach
Tel.: +49(0) 7832 976918
Tel.: +49(0) 7832 976920
E-Mail: info@emartec.com
10.
Data Protection
10.1
We point out that your order and address data are stored. Storage and use of
your data is conducted in line with the purchasing process (also by means of
transmission to the appointed purchase processing partners or shipping partners),
possible cases of warranty and for our own advertising purposes. You can object
to the use of your data for advertising purposes at any time by briefly
informing us and we will immediately include you in our lock file.
10.2.
We do not use data for advertising purposes which we receive from eBay for
contract processing without the buyer's consent.
Furthermore please observe the eBay data protection information.
10.3.
According to the German Data Protection Act, customers have the right to gratis
information regarding their stored data as well as, if applicable, a right of
correcti
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