Terms and Conditions
§ 1 Scope, Scope
a. These Terms and Conditions (the "Terms") for all goods ordered over the Internet / online via the website of http://www.oldschoolbmx.de apply (the "Site") the operator and vendor Oldschool GmbH, Christofstr. 12, 70806 Kornwestheim (the "old school"), and for all other goods orders through other channels by the buyer / customer (hereinafter "Customer").
b. All purchase orders, sales, deliveries and other business relationships are solely based on the present Terms and Conditions. Oldschool not accept any other conditions unless Oldschool has agreed to these conditions differ in written form.
c. Oldschool leads the execution of online orders made after the date of placing the order Terms of oldschool. These Terms and Conditions are available on the website for the customer clearly marked available. Changes at any time with the TNC reserves Oldschool.
d. All presentations of goods and products on the website are not legally qualifies as an offer / request, but to make a non-binding invitation to the user / customer an order and thus leave out an offer / request.
§ 2 Subject matter
a. contract are specified in the order process and the (electronic or written) order these products, work, service or services from old school to the final prices specified therein.
§ 3 Goods Order , the contract, acceptance and delivery subject to
a. Customer by sending the order of the selected by him (in the virtual shopping cart down) goods makes a binding offer to conclude a purchase contract. The purchaser is with this binding the Offer (click on the button "Order") to the customer. By submitting the order, the customer expressly acknowledges that these Terms and agree with its contents. Additions and changes to the order by the customer can then normally not be considered. A legal claim to additions and changes are excluded.
b. A purchase contract for the authentic goods ordered is only through the adoption of oldschool. The assumption is explained to the customer with a written order confirmation by e-mail to the customer's specified e-mail address this over. Acceptance of the offer may be rejected by Oldschool, without giving reasons.
c. Oldschool assumes no procurement risk for the goods offered, even when a purchase agreement for a generic product. Especially when of old school is not responsible unavailability of the goods will not be required for delivery. Further claims, in particular claims for damages by the customer are excluded therefrom. Oldschool is entitled to partial delivery.
§ 4 Prices
All offers of goods on the website are subject to confirmation and without obligation. Mistakes, errors, availability and changes without notice in particular the Produkt-/Warenbeschreibungen and their representations are reserved. The prices at the time of order prices, all previous prices lose their validity. All prices quoted are in euros including the legally valid German VAT (currently 19%), excluding shipping and handling charges. The costs incurred for the delivery of goods delivery and packaging costs, which the customer has to bear in addition, are shown separately on the invoice.
§ 5 Return and Revocation
You have the right to cancel within 14 days without giving reasons this contract.
The withdrawal period is fourteen days from the date on which you have taken, or a representative of your third party who is not the carrier, possession of the goods or has.
To exercise your right of cancellation, you must pay us:
70806 Kornwestheim / Germany
by a clear statement (eg a consigned by post mail, fax or email) of your decision to withdraw from this contract. You can sure use the attached model withdrawal form which is not mandatory, however.
You can fill out and submit the model withdrawal form or other unique statement on our website (www.oldschoolbmx.de) electronically. Make use of this opportunity, we will forward to you immediately (eg by e-mail) confirmation of the receipt of such a withdrawal.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Consequences of revocation
If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different standard of the delivery than the offered by us, beneficiary Standard have), and must be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation deises contract to us or to pass. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if the deterioration in value is due to a necessary to ascertain the nature, specially chats and functioning of the goods dealing with you. 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.
End of cancellation policy
b. The right does not apply to distance contracts
the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which, due to their nature can not be returned or can spoil quickly or whose expiration date has passed,
for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer,
The supply of newspapers, periodicals and magazines.
§ 6 Delivery, Free Shipping
a. The packaging and shipment of the ordered goods by Oldschool Oldschool or commissioned by a third party. Authorizing a third party to such an oldschool is expressly authorized.
b. Delivery is at the customer's risk. Once the goods have been handed over by Oldschool a shipping company, the risk is transferred to the customer. This also applies for partial deliveries. The delivery to the customer's delivery address. If the customer is a consumer according to § 13 BGB, the risk of accidental loss and accidental deterioration of the goods go to the Customer at only with the transfer of the goods passes to him. The handover is the same, if the customer is in default of acceptance.
c. Shipping fees are mentioned in the description of goods in the pricing and the diesbzgl. Related terms of calculable and clearly named and numbered in the cart to the customer specifically indicated. In a multiple order only one time shipping cost. For orders outside the EU, in addition to the custom clearance fees must also be paid for the customs fees. These are paid directly to on receipt of goods at customs.
d. Information on delivery dates are not binding, unless explicitly agreed in a specific delivery date in writing. By Oldschool not responsible supply disruptions or delays in delivery, particularly due to strikes, labor riots, lockouts or acts of God, entitle the purchaser / customer only in the event of an agreed delivery time, and only then to resign if the buyer / customer Oldschool issues identified after the agreed delivery time and sets a reasonable grace period, and then passes these fruitless.
§ 7 Payment, compensation, arrears
a. The ordered goods can be paid by money order / bank transfer, cash or via Paypal and advance. It should be noted:
(Aa) Transfer: After sending the order by the customer, the customer receives an order confirmation via e-mail with the bank of old school. The payment must be made within 7 calendar days. After transfer to the bank account and receipt of the order will be shipped at Oldschool.
(Bb) Cash: The fees incurred in this context, the customer has to bear. Payment is due upon delivery of the order at the bar in delivering parcel.
(Cc) in advance and Paypal: Oldschool accept payment by Paypal in accordance with the Terms of the payment by Paypal and advance in accordance with the Terms of advance.
b. Oldschool not expressly accepted payments are payments by sending cash or checks, which are not accepted by Oldschool. Oldschool reserves the right to deny payment after the order yet.
c. Discounts are not possible.
A d-off with counterclaims of the customer is only allowed if these counterclaims are recognized in writing by Oldschool or legally. A The customer may only exercise when and if his claim is based on the same contractual relationship.
e of any additional bank charges for international orders must be paid by the client / customer.
§ 8 Retention of title
Oldschool on the right to ownership of all goods delivered Oldschool until final and full payment of the total debt for the goods delivered. This is true even if the purchase price for certain goods designated by the customer, but not all, is paid because of the retained property serves as security for the entire account balance. The customer may resell the property located in the old school of goods only if the customer is not in default of payment. On resold goods makes Oldschool an extended retention of title.
§ 9 Liability, Warranty and compensation
a. defect or damage that may have to wrongful or improper handling or improper installation and use of unsuitable accessories or modifications of the original parts by the customer or a non-authorized third parties caused by the old school, are also excluded from the guarantee as an approach based on wear.
b. If the customer accepts the goods or the order despite prior knowledge of a defect, he is entitled to warranty claims to the extent described below only if it is explicitly and in writing immediately after receipt of goods reserves.
c. The goods shall be inspected immediately after receipt of services by the customer or his agent for transport damage. Detectable transport damage immediately in writing. Packaging damage, the customer must be confirmed upon acceptance of the goods by the carrier in writing. Warranty claims arising from transportation damages are available to the customer only if he has complied with his investigation and reporting requirements. This does not apply if the customer gem consumers. § 13 BGB.
d. The warranty period for new items 24 months. The time limit begins to run with the transfer of risk. The warranty period for used goods is one year. If the Customer is the company within the meaning of § 14 BGB, the warranty period for new items for one year and used items is six months from the transfer of risk. Otherwise the warranty is based on the law.
e For other than loss of life, limb and health damage liable Oldschool only, unless caused by intent or gross negligence or culpable violation of an essential contractual obligation by Oldschool or an agent (eg the delivery) by Oldschool . Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation to negligence, the liability of Oldschool to the predictable and adequate causal damage is limited. Claims for damages for partial deliveries, late delivery and non-delivery are excluded.
§ 10 Data protection, data information, copyrights
b. When submitting the order by the customer assures that the accuracy of the personal data. Inaccurate reserves Oldschool, demand for additional costs incurred in this context (eg. Additional processing, consignment, search costs) to be paid by the customer. For intentional misstatement reserves Oldschool to take legal action against such customer.
c. Oldschool indicates that all images, photos and text are copyright protected on its website. Any unauthorized use, in particular processing, reproduction, public disclosure, etc. is basically to protect the copyright pursued by Oldschool civil and criminal law.
§ 11 Final Provisions
a. Performance and jurisdiction is the extent permissible, Kornwestheim.
b. It is valid for all legal matters and disputes under the business relationship between the customer and Oldschool German law to the exclusion of the CISG. Should the customer in the event of litigation have no domicile or habitual residence in the country, or this is not known and / or the customer can be a merchant in terms of the German Commercial Code, Kornwestheim is agreed jurisdiction.
c. Should one or more provisions of this contract in whole or partially ineffective or not feasible or lose their legal validity or enforceability of, the validity of the remaining provisions shall not be affected. Instead of possibly invalid or unenforceable provision or an omission, is an appropriate regulation, which - as far as legally possible - comes closest to what the parties had intended the meaning and purpose of the contract.
As of October 2012