Terms & Conditions
General Terms and Conditions of POICON GmbH & Co. KG ("POICON")
Valid as from: 16.04.2009
1. Validity
The general terms and conditions apply to all business transactions between POICON and it´s customers. The current version of terms and conditions applied is defined according to the date of the transaction. Our general term and conditions apply exclusively. Regulations to the contrary or other differing conditions for the customer will not be recognised, with the exception of where POICON has given it´s express written permission.
2. Delivery of Goods
POICON will deliver the goods ordered to the customer as quickly as possible. POICON is entitled to make separate deliveries for orders. The sale of goods will only be made in non-wholesale quantities. The delivery will be made according to the stated delivery costs. The customer accepts the risks of the postage after POICON has consigned the goods into the service of the logistic partner. Consumer sales are excepted from this rule. The particulars regarding the delivery date are not binding as long as POICON has not given the customer a definitive commitment.
3. Property rights
All ordered goods remain the property of POICON until the outstanding accounts for the respective goods have been settled.
4. Payments & Payment Date
POICON will only accept the payment form selected during the order by the customer. The sale price as well as eventual order charges and/or postal charges will be due for payment when the transaction is made. If the customer defaults on payment POICON has the right to demand additional interest to the value of 5% above the appropriate base rate. This does not affect POICONs right to higher damages if applicable. The customer is only entitled to offset this claim in the case that his counterclaim is legally confirmed, or is formally recognised by POICON.
5. INFORMATION FOR EXERCISING RIGHT OF WITHDRAWAL
Right of Withdrawal
You are entitled to withdraw from the contract within a period of two weeks without further specification of reasons in written form (e.g. letter, facsimile letter or e-mail) or – in case of delivery of goods before the expiration of the period – by returning the goods. The withdrawal period does not start before the reception of this instruction in written form, but anyhow in case of delivery of goods not before reception of the goods by the receiver (in case of supply of goods to be performed permanently or recurrently not before reception of the first partial delivery) and in case of services not before the conclusion of the contract and not before us having complied with our obligations of information according to art. 312c par. 2 German Civil Code related to art. 1 par. 1, 2 and 4 German Civil Code Info-Order and our obligations according to art. 312e par. 1 sentence 1 German Civil Code related to art. 3 German Civil Code Info-Order. Punctual dispatch suffices to comply with the time limit. The withdrawal must be declared to:
POICON GmbH & Co. KG
Marktstr. 9
39624 Kalbe/Milde
Germany
Fax +49 (0)1805-764299 *
E-Mail: info@poicon.com
* 0,14 € / Min. aus dem Festnetz der T-Com
Consequences of withdrawal
In case of an effective withdrawal, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest. If you cannot return the goods received in whole or in part or if you can only return the received goods in a deteriorated state, you must pay compensation for value insofar. There is no duty to pay compensation for value, if the sole cause of deterioration of the good(s) received was the inspection of the respective good(s), as would have been possible in a retail shop. For the rest you can avoid paying compensation for value in respect of deterioration in the good(s) as a result of their/ its proper use, if you do not use the good(s) the way you use your own property and refrain from doing anything that would curtail the value of the good(s).
Goods that are appropriate to be dispatched by parcel shipment have to be returned at our risk. If the value of the order does not exceed Euro Forty (EUR 40) and the good(s) delivered correspond to the good(s) you ordered, you have to bear the costs of return. You have also to bear the costs of return if - in case of a higher price of the order than Euro 40 – you have not yet delivered your performance in return or a partial payment at the moment of the withdrawal. Otherwise the return of the goods is free of charge for you. Goods that are not appropriate to be dispatched by parcel shipment will be collected at your place.
Obligatory refunds of payments must be made within 30 days. This period begins for you the day when sending the withdrawal declaration or dispatching the goods, and for us when we receive the withdrawal declaration or the returned goods.
Special notice:
Your Right of Withdrawal expires prior to the above said if your contractor has begun to provide the service with your express consent before the end of the withdrawal period or if you have occasioned this yourself.
This ends this statement of the rights of withdrawal.
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The right of withdrawal does not apply to distance contracts
- for the supply of goods made to the consumer's specifications or
- goods that are clearly personalized or
- goods which, by reason of their nature, cannot be returned or
- for the supply of audio or video recordings or computer software which were unsealed by the consumer.
6. Faulty Goods
POICON will vouch for goods, which during a warranty period of two years prove to have faults which were present at the exchange of goods, according to the following rules : The customer shall notify POICON of the faults in writing. If the fault can be attributed to POICON, then POICON will remove the fault by repair or replacement of the goods. If the repair or replacement of the goods cannot be made, or if POICON is not prepared or is not able to do so, or if this is delayed over an unreasonable period for reasons that lie in POICON´s responsibility, then the customer is entitled, without prejudice to any claim of damages, to withdraw from the purchase or to demand a markdown of the sale price.
7. Liability
POICON is liable for damages from wilfull or gross negligence, for fraudulent concealment of defects, for accepting the warranty guarantee, for claims based on product liability law and for physical damage. For all other damages POICON is only liable where an obligation was not observed, whose observation is of particular importance for the completion of the contract (cardinal obligation) and as far as the damages are typical and predictable based on a normal use of the goods. Without prejudice to the previously mentioned fully applicable liability,liability is excluded for injury to non-contractual secondary obligations.
POICON cannot be made liable in cases of illegal use or modification to the software or other purchased goods.
The liability is limited to a cost double that of the sale price. A further liability, especially for damages which do not originate with the goods, for lost winnings or other property damage, is specifically excluded.
The limit to liability also applies to legal claims (in tort claims) and for debts from vicarious or legal agents.
8. Software & Literature
Besides above described terms and conditions, the specific licensing rights and other terms and conditions from the manufacturer apply with the delivery of software and literature.The customer is obliged not to use the goods without the acceptance of the required license and use declarations.
With the receival of the aforementioned goods you specifically accept their validity.
9. Closing Terms
The business relationship between POICON and the customer is exclusively subject to German law. For customers resident overseas the laws of the residence country apply for non-mandatory terms affecting consumer rights. The validity of the UN treaty on international sales of goods and chattels is excluded. In as far as the customer is a trader, Hamburg is the exclusive place of jurisdiction for all claims relating to the business relationship.
