TS and CS

General Terms and Conditions of Business ('Terms')

Valid as of: August 2008 - version: 1.01

Electronet24 GmbH
Managing Director: Andreas Pauli
Am Bahndamm 88
25469 Halstenbek/Germany

Tel. +49.4102-4 555 80
Fax +49.4102-4 555 8 287
E-Mail: shop@decoration24.com

Registration Office: District Court (Amtsgericht) Pinneberg;
Business Register (HRB) 7540
VAT ID no.: DE 243943139


§ 1 General conditions

1.
Electronet24 GmbH (henceforth referred to as Electronet24) offers for sale innovative, branded products for security, convenience and energy-saving applications via ist online shop at the domain www.decoration24.de.

2.
The following conditions of sale apply to all contracts concluded between Electronet24 and the customer via the online shop.

3.
Customers, as understood by the present Terms, are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that is unattributable to his or her business or independent professional activity. An entrepreneur is any natural or legal person or a legally capable personal company that concludes a legal transaction in exercise of his, her or ist business or independent professional activity.


§ 2 Conclusion of contract

1.
The products and services detailed within the online shop do not represent any binding offers on the part of Electronet24. Rather the offers are a request to customers to provide Electronet24 with a binding offer.

2.
When the customer places an order, the customer makes a binding declaration of his or her contractual offer. Electronet24 shall immediately confirm to the customer receipt of this order and instruction by email. The contract shall be formed as a result of this order confirmation.

3.
Electronet24 does not accept any supply risk and reserves the right to release itself from the obligation to fulfil the contract in the case of incorrect or improper supply by suppliers. The responsibility of Electronet24 for intent or negligence within the limits of the liability rules of these Terms in accordance with § 9 remains unaffected. In the event that the service is unavailable or only partially available, Electronet24 shall inform the customer without delay; in the event of rescission, the consideration shall be returned to the customer without delay.

4.
The contract wording shall not be stored for processing the purchase after conclusion of the contract and shall not be retrievable again by the customer on the website under his or her membership data. The browser's print function can be used to print out the website with the relevant contractual information during the ordering process. In any event, customers shall receive further information after the conclusion of the contract as part of order processing.

§ 3 Right of cancellation and ist consequences

Consumers can cancel their contractual declaration within two weeks, without giving reason, in writing (e.g. letter, fax or email) or by returning the item. The period begins from the moment when the written cancellation policy is given, but not before the receipt of the goods by the consumer and also not before the fulfilment of the corporate duties to inform in accordance with article 246 § 2 in conjunction with EGBGB § 1 (1 and 2) and corporate duties in accordance with BGB § 312e (1.1) in conjunction with EGBGB article 246 § 3. In calculating the period, the reference day on which the written cancellation policy is given, or the day on which the goods are received by the consumer, or the day on which the specified duties to inform are fulfilled, shall not be included. Timely dispatch of the cancellation or the item constitutes an observance of the cancellation deadline. The cancellation shall be directed to:

Electronet24 GmbH
Managing Director: Andreas Pauli
Am Bahndamm 88
25469 Halstenbek/Germany

Fax: +49.4102-4 555 8 287
E-Mail: shop@decoration24.com

In the event of effective cancellation, services received by either party shall be returned and any benefits that may have accrued (e.g. interest) shall be surrendered. If consumers are not able to return the received service in whole or in part or only in a deteriorated condition, they must, insofar as it is appropriate, provide compensation. In the case of goods being surrendered, this does not apply if the deterioration of the goods results exclusively from their inspection - such as would have been possible in, for instance, a physical shop. In addition, consumers may avoid any duty to provide compensation for any deterioration of the goods caused by their intended use, by not using the goods as their own property and refraining from all actions that may affect their value. Goods suitable for delivery by parcel should be returned to us at the risk of Electronet24. Consumers shall bear the costs of the return if the delivered goods match the ordered goods and if the price of the goods being returned does not exceed EUR 40.00 or, in the case of the price of the goods being a higher amount, if consumers have not rendered the consideration or a contractually agreed part payment at the time of the cancellation. In all other instances, the return of goods is free of charge to the consumer. Goods that are unsuitable for delivery by parcel shall be collected from the consumer. Obligations to refund payments must be met within 30 days; the period relating to the obligation of Electronet24 to provide a refund shall begin upon the receipt of the declaration of cancellation or, in the case of a return, the receipt of the goods.

According to BGB § 312d (4 no. 2), the right of cancellation does not exist for contracts relating to the delivery of audio or video recordings or software where the seal on the data carriers has been broken by the consumer nor, according to BGB § 312d (4 no. 3) for contracts relating to the delivery of newspapers, periodicals and magazines.


§ 4 Prices, payment terms

1.
The prices displayed within the online shop represent final prices. They comprise all price components including taxes due; however customers may potentially be enabled within the shop as trade customers. Prices indicated to trade customers are net prices. In individual cases where a cross-border delivery is made, the customer may be liable to pay further taxes (e.g. in the case of an intra-Community acquisition) and/or dues (e.g. customs duties).

2.
Payment options specified within the online shop, among them bank transfer, cash on delivery, credit card payment, payment by direct debit and PayPal, are available to customer. For further details, please refer to the information provided as part of the ordering process.

3.
In the case of payment by credit card or by means of direct debit, the debit shall be performed at the time of the conclusion of the contract after the customer has entered his or her credit card or bank details within the virtual basket and has agreed to this payment method by pressing the "Pay" button.

4.
The delivery and shipping costs due are not included in the purchase price; they depend on the specific offer and the corresponding shipping information or, alternatively, further details on the calculation of these costs shall be given by the online shop. The customer shall bear delivery and shipping costs.

5.
In the case of a rejected direct debit, a flat-rate late payment charge of EUR 4.50 shall be levied for each occurrence. However, the customer is entitled to prove that no relating costs or lower costs have been incurred.


§ 5 Shipping conditions

Goods are delivered - unless expressly agreed otherwise - following prepayment and by dispatch. The items shall be transferred by Electronet24 to the forwarding agent for delivery within one working day following the receipt by Electronet24 of the full purchase price plus any delivery or shipping costs.

§ 6 Passing of risk

If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods in the case of a mail order is passed to the customer upon handover of the purchased item. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is passed to the customer as soon as the consignment is handed over to the person performing the transportation. The passing of risk takes place irrespective of whether or not the customer is in default of acceptance.

§ 7 Warranty conditions

1.
Warranty is honoured by Electronet24 within the scope of the following sections. Any queries and/or complaints of any kind should be addressed to Electronet24 using the aforementioned contact details.

2.
No warranty exits in the case of damage that occurs as a result of improper handling or use of the goods by the customer. The same applies to so-called "wilful wear."

3.
In accordance with legal rules, a consumer may request, in the case of defects relating to the delivered goods, only a subsequent specific performance and, in this respect, choose between a remedy of the defect and a replacement. However, Electronet24 is entitled to refuse the chosen type of subsequent specific performance if this is only possible at disproportional cost and the other type of subsequent specific performance is without significant disadvantages for the consumer.

4.
If the subsequent specific performance should be unsatisfactory, the consumer has, in accordance with legal rules, the choice of demanding a reduction in the purchase price, the rescission of the contract, damages or the reimbursement of unavailing expenditure. If the consumer demands damages or reimbursement of unavailing expenditure, the liability limitations in accordance with § 9 of these Terms shall apply.

5.
Entrepreneurs must report obvious defects to goods to Electronet24 in writing within 2 weeks of receiving the goods, otherwise warranty claims shall be excluded. Timely dispatch of the notice of defect constitutes an observance of the deadline.

6.
The limitation period for consumer's rights in the event of defects to a new item is two years, and the limitation period for entrepreneur's rights is one year. The period of limitation in respect of defects to an item starts from the delivery of goods, whereby the aforementioned reductions in the limitation period do not apply provided that Electronet24 is liable according to § 9 of these Terms or the matter concerns the real right of a third party, on the grounds of which the return of the delivered goods may be demanded.

7.
The entrepreneur's rights of recourse specified in BGB §§ 478, 479 remain unaffected by the rules of §§ 7.1 up to and including 7.6 set out in these Terms.

§ 8 Damage in transit

In the event of damage in transit, the customer shall support Electronet24 to the best of his or her abilities insofar as claims against the relevant forwarding agent and/or shipping insurance are asserted.

1.
The customer shall check the delivered goods. If there is visible shipping damage, the customer is obliged, in the case that the delivery is nevertheless accepted, to note the damage on the relevant shipping documents upon acceptance of the delivery and to have this acknowledged by the delivery agents; packaging must be kept.

2.
If (partial) loss or damage is not visible, the customer must report this to Electronet24 within five days following delivery or to the forwarding agent within seven days following delivery in order to ensure that any claims may be asserted against the forwarding agent in a timely fashion.

3.
Any rights and claims of the customer, in particular rights in the case of defective goods, remain unaffected by rules §§ 8.1 and 8.2 set out in these Terms. Therefore these do not include any preclusive periods for customer's rights according to § 7 of these Terms.

§ 9 Liability

1.
In accordance with legal rules, Electronet24 shall be unreservedly liable for damages arising from injury to life, body or health which are caused by the intentional or negligent violation of duties, and for any other damages which are caused by intentional or grossly negligent violation of duties and fraud. Furthermore, Electronet24 shall be unreservedly liable for damages which are covered by liability in accordance with mandatory statutory regulations, such as the Product Liability Law, and in the case where guarantees have been assumed.

2.
For those damages which are not covered by § 9.1 and are caused by simple or slight negligence, Electronet24 is liable insofar as this negligence relates to the violation of contractual obligations, the fulfilment of which is essential to the proper implementation of the contract and the compliance with which the customer may regularly expect (so-called "cardinal duties"). In this, the liability of Electronet24 is limited to damages which are typical and foreseeable under this type of contract.

3.
In the case of slightly negligent violations of such contractual obligations which are neither covered by § 9.1 nor § 9.2 (so-called "insignificant contractual obligations"), Electronet24 is liable vis-à-vis consumers - this is limited to damages which are typical and foreseeable under this type of contract.

4.
Further liability is excluded.

§ 10 Reservation of title

In relation to consumers, the vendor retains title of sold goods until the purchase price has been paid in full; in relation to entrepreneurs, the vendor retains title of sold goods until all claims arising from the current business relationship have been settled in full.

§ 11 Applicable law, jurisdiction

1.
The law of the Federal Republic of Germany shall apply to the relationships between the contracting parties. In relation to consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his customary place of abode is not withdrawn.

2.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

3.
If the customer is a merchant, a legal person under public law or a public separate estate, the place of performance and jurisdiction for all disputes arising from this contract shall be the place of business of Electronet24. The same shall apply if a customer who is an entrepreneur does not have a competent court in Germany or in the case that the customary place of abode at the time of commencement of action is not known. Even then the exclusive jurisdiction for all disputes arising from this contract shall be the place of business of Electronet24. The authority to request the court of another legal jurisdiction remains unaffected thereof.