General terms and conditions

Wameling Paramente, Elke Temme-Bunse

§ 1 General, Area of application

The following general terms and conditions put in order the contractual relationship between Wameling Paramente, Elke Temme-Bunse and the individual, who uses the internet offer of Wameling Paramente, Elke Temme-Bunse (in the following called “buyer”). The general terms and conditions regard the using of the website www.paramente.de as well as all corresponding sub domains. The valid version at the time of the conclusion of the purchasing contract is signifant. The contractual language is German.

§ 2 Conclusion of contract

(1)    The internet offers of Wameling Paramente, Elke Temme-Bunse are an unbinding demand to order goods at Wameling Paramente, Elke Temme-Bunse.
(2)    The internet order of the desired good is a binding offering of the buyer regarding the conclusion of a contract of purchase.
(3)    Wameling Paramente, Elke Temme-Bunse is authorized to accept this offer within 5 days by sending an order confirmation. The order confirmation will be transmitted via email. After an unsuccessful activity of the period mentioned in set 1, the offer can be considered as not accepted.

§ 3 Payment, Date of expiry, Delay of payment

(1)    Within Germany the payment of the goods has to be made via payment in advance, via cash on delivery and per invoice, abroad the goods has to be paid via payment in advance. In individual cases, we reserve us the right to accept or to exclude certain modes of payment.
(2)    In the case of payment in advance the buyer is obliged to pay the purchasing price immediately after conclusion of contract. In the case of cash on delivery the buyer is obliged to pay the goods on delivery. If it is agreed to pay via invoice, the buyer has to pay the invoice within 14 days after receipt of the goods.
(3)    If there is a default of payment, the buyer is responsible for each kind of negligence. Regarding the achievement he is also responsible for contingency, except the damage had been occurred also in case of achievement in time.
(4)    During the default of payment, it has to be paid interest on the purchasing price. In this year, this interest rate is 5 % more than the basis interest rate.
(5)    The enforcement of a further damage is not excluded.

§ 4 Delivery

(1)    Delivery of the object of purchase will be made to the address named by the buyer. If delivery against payment in advanced is agreed, the delivery time is 3 days after receipt of the purchasing price, if the objects of purchase are available. If the objects of purchase are not available the delivery time is 3 days after finishing of the goods. In the case of delivery on account, the time of delivery is 3 days after sending of the order confirmation. If it is not possible to deliver immediately, the customer will be informed in written form regarding the delivery date.
(2)    The shipping costs of 6, 90 € within Germany has to be paid by the buyer.

§ 5 Reservation of property rights

The purchasing object is property of Wameling Paramente, Elke Temme-Bunse, up to the complete payment. Before a conveyance of property a pledging, a security transfer of title, a treatment or remodelling is not allowed without an expressly acceptance of Wameling Paramente, Elke Temme-Bunse.

§ 6 Prices

The particular given price on the purchasing object is the final price including VAT and including possible other price elements. The price does not include the delivery costs.

§ 7 Guarantee

(1)    Wameling Paramente, Elke Temme-Bunse guarantees that the purchasing object is free of defects at the time of transfer. If there is within 6 months after the purchase a defect, it is expected, that the product was already defect at the time of transfer, unless the assumption can not be combined with the manner of the purchasing object or with the defect. If the defect appears after 6 months, the buyer has to attest that the defect was already existent at the time of the transmission of the purchasing object.
(2)    If the purchase object is faulty at the time of transmission, the buyer can select if the supplementary performance should be made by remedy or by replacement. Wameling Paramente, Elke Temme-Bunse has the right, to refuse the kind of the chosen remedy, if it is only possible with disproportional costs and the other kind of remedy stays without considerable disadvantages for the buyer.
(3)    If the remedy fails, it is possible for the buyer to demand a reduction of the selling price (reduction) or a cancelation of the contract (cancelation) as well as to demand compensation. In the case of marginal defaults, the buyer has no right to cancel the purchasing contract.
(4)    If Wameling Paramente, Elke Temme-Bunse deliver a product which is free of defects to replace the faulty product, Wameling Paramente, Elke Temme-Bunse has the right to demand the defect article.
(5)    Rights of compensation due to faults prescribe in two years.
(6)    Damages, due to faulty measures or due to non respectable measures of the buyer which appear at the installation, connexion, handling or storage, are not a reason for a claim against Wameling Paramente, Elke Temme-Bunse.

§ 8 Liability limitation

(1)    Wameling Paramente, Elke Temme-Bunse is only responsible for damages apart from live, body and health if this damages base on grossly negligent action or due to a culpable injury of an important contractual obligation by Wameling Paramente, Elke Temme-Bunse or their assistants. Important for the contract is an obligation which allows the implementation of the correct execution of the contract and on which the buyer can trust regularly. An exceeding liability is excluded. Claims which arise of a guarantee, given by Wameling Paramente, Elke Temme-Bunse, for the composition of the purchase object and the product liability law stay unaffected.
(2)    Regarding the latest technique condition, it is not guaranteed to communicate via Internet without any faults at any time. For this reason we are not liable for the availability at any time of our internet shop.

§ 9 Choice of law

All conflicts of this legal relationship are subject of the law of the Federal Republic Germany. This choice of law is only valid for the consumer, if the guaranteed protection will not be dispossesses by stringently determinations of the law of the country in which the consumer lives normally. The validity of the United Nations Convention on contracts for the international Sale of Goods is excluded.

§ 10 Severability Clause

If there is one determination which is invalid or not enforceable of this general terms and conditions, the other determinations of the general terms and conditions stay unaffected, unless, one contracting party will be handicapped so that a fulfilment of the contract is not reasonable due to a loss of individual clauses.

End of the General terms and conditions.

Cancellation

§ 1 Cancellation, Right of withdrawal

You have the right to cancel your contractual declaration without any information in written form (e. g. e-mail, letter, fax) within two weeks or if you obtain the purchase objet before end of the deadline – by return of the purchase object. The deadline begins with receipt of this information in written form, but not before receipt of the goods at the consignee (in the case of recurrent delivery of similar goods, not before receipt of the first part delivery) and not also before fulfilment of our information obligation regarding § 312c paragraph 2 BGB in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as our obligations regarding § 312e paragraph 1 sentence 1 BGB in connection with § 3 BGB-InfoV. In order to protect the cancellation period, it is sufficient to send the cancellation or the product in time. Please send the cancellation or the product to:

Wameling Paramente, Elke Temme-Bunse, Einzelunternehmen
Markt 11-13
33098 Paderborn
wameling@paramente.de

0049-(0)5251-21929

§ 2 Cancelation consequences

In the case of an effective cancelation both contractual partner has to return the received achievements and if necessary the usages advantages (e. g. interests) has to be given back. If it is only possible to return the received achievements partially or only in a worse condition, it must be paid compensation for the lost value. This is not valid, if the worsening of the object can be attributed exclusively to their control – as it can be made in the shop. You can avoid the obligation to pay compensation if you do not consider and use the product as your property and if you neglect everything which influence their value. If it is possible to return the goods in a packet, you have to return it on our risk. You have to bear the costs of the return, if the delivered goods do not correspond the ordered goods and if the price of the returning goods is not more than 40 € or in the case of a higher price of the purchasing goods you have not provided the return service or an agreed part payment. Otherwise the return for the goods is exempt from charges for you. Obligations in order to reimburse payments must be satisfied within 30 days. For you, the deadline begins with the sending of the notice of withdrawal or of the purchasing product. The deadline begins for us with their receipt.

§ 3 Particular advices

The right of withdrawal is not valid in the case of distance selling contracts in order to deliver goods, which have been produced after individual demands or which can not be returned due to their consistence.