Terms and conditions
§ 1 General, scope of application
(1) The following terms and conditions apply to all business transactions with our customers. The terms and conditions apply in their respective versions as a general agreement for future contracts involving the sale and/or delivery of movable goods with the same buyer, without having to refer to them in each individual case.
(2) Our terms and conditions exclusively apply. Individual cases, where special arrangements have been made with yourself (including supplimentary agreements, additions and changes) will only apply above these terms and conditions, when they have been confirmed by us in writing.
(3) The law always applies, whether explicitly mentioned or not, unless it is specifically excluded from these terms and conditions.
§ 2 Conclusion of contract, prices and terms of payment, right of return, return consequences, guarantee
(1) All SwaziCowboyz offers are subject to change. Unless otherwise agreed upon, the current price list at the time of placing an order applies.
(2) By ordering goods, you are bound to a contractual offer.
(3) A sales contract is concluded once we either accept your order confirmation in writing or deliver the goods to you.
(4) Invoices are immediately payable and paymants are to be made without deductions to the following account:
Account holder: Sergio Vila Pouca
Bank: Volksbank Filder
Account no.: 22 83 12 000
Bank code: 611 616 96
For EU bank transfers:
IBAN: DE 666 116 169 602 283 12000
BIC/Swift: GENODES1NHB
We would like to make it clear that all bank transfers are to be made free of charge to us!
Payments made via Paypal or Moneybookers are to made out to the following account: Swazi@SwaziCowboyz.de
(5) The dispatch of any goods ordered will only take place after the complete prepayment for the amount invoiced or - only in the event of supply within the Federal Republic of Germany - by cash on delivery (cash payment to the deliverer) has been received. In both cases a detailed invoice is attached to the delivery. Prepayment order invoiced amounts are to be credited to our bank account within one week.
(6) We supply tax free to Switzerland and - upon presentation of a valid VAT Id No. - to the European Union. A subsequent refunding of VAT, e.g. for personal export from Germany, is not possible.
(7) The customer, has the right to revoke his/her contractual statement, without stating reasons, within a period of two weeks after receipt of goods, in writing (e.g. letter, fax, email) or by returning the goods. The period shall commence upon receipt of the goods. Returns shall be sent to the following address:
Sergio Vila Pouca
Returns Dept.
Bahnhofstr. 44
70794 Filderstadt
Germany
T: +49 (0) 71 58 / 91 59 675
F: +49 (0) 71 58 / 91 60 224
Swazi@SwaziCowboyz.de
(8) The customer shall bear all costs for the return of goods supplied if the price of the goods to be returned does not exceed an amount of 40.00 Euro. Otherwise, returns shall be free of charge to the customer.
International supply shipping costs will not be refunded. Should you return goods from a non-EU-country (e.g. Switzerland), then it is necessary that you inform us in advance due to the customs laws that apply.
(9) Consequences of revocation: In the event of an effective revocation, the consideration received by both parties shall be restituted and any benefits received (e.g. interest) shall be returned. If a customer cannot restitute the performance received, either totally or partly or only in a deteriorated condition, he/she shall, if applicable, will be obliged to compensate us. The customer can avoid the compensation obligation by not putting the the product to use and omitting everything that may impaire its value.
(10) The following are excluded from revocation: Delivery of commodities produced according to customer specifications or unambiguously tailor-made to match personal requirements, delivery of audio or video recordings or of software insofar as the data media supplied that has been unsealed by the consumer, delivery of newspapers and magazines.
(11) The warranty terms for guarantee apply.
§ 3 Shipping costs
Shipping costs for Germany (excluding islands):
upto 2kg: 4,95€
upto 10kg: 7,95-€
upto 20kg: 9,95-€
upto 31,5 kg: 13,95-€
Shipping costs for EU countries:
upto 500g: 7,90€
upto 5kg: 15,-€
upto 10kg: 20,-€
upto 20kg: 30,-€
Shipping costs for Switzerland, Norway, Lichtenstein, Croatia, Andorra, Iceland:
upto 500g: 7,90€
upto 5kg: 25,-€
upto 10kg: 30,-€
upto 20kg: 40,-€
Parcel Sevice The delivery shall take place using a parcel service of our choice.
The shipping costs include all costs for packaging, delivery documents and costs for transport. If the delivery has to be sent via an Express Service, Courier Service or similar, in order to meet an agreed upon delilvery date, then the extra costs will be at the customers expense.
§ 4 Delivery period and delay in delivery
(1) The delivery periods and dates are non-binding information, unless anything else is agreed upon as binding between the customer and us.
(2) If a binding delivery period extends for more than two weeks, the customer has the right to resign from the contract. Any money already paid will be returned completely.
§ 5 Reservation of proprietary rights
Contract with consumers:
Any purchased products remain our property until paid for in full
Contract with companies:
All purchased products remain our property until paid all outstanding invoices are paid for in full.
§ 6 Colour indications and sizes
The colour indications and sizes in all of our publications (catalogue, internet etc.) are not subject to any standard. Conclusions to any definitive sizes or colour associations due to our information are not possible. The same colour indication can look completely different on other brands or others products of the same brand.
Discrepancies in size and colour usually do not give reason for a right of compensation.
§ 7 Other liabilities
(1) SwaziCowboyz is only liable for gross negligence and intent
(2) Any liability, which has not directly occured to the product delivered is expressely excluded.
§ 8 Jurisdiction and choice of law
(1) For these terms and conditions and all legal relatiosnships between us and buyers, the law of the Federal Republic of Germany applies excluding all international and supranational (contractual) legal systems, especially the Uniform Law on the International Sale of Goods (CISG).
However, requirements and effects of the reservation of proprietary rights according to §6 are defeated by the right of law in the respective location where the items are stocked, unless the legal choice is inadmissible in favour of the German law or ineffective.
(2) If the buyer is a businessman i.S.d. of commercial code {Of German Commercial Code}, legal entity of the public law or a public law special legal estate, is immediate exclusive - also more internationally - jurisdiction for everything from the contractual relationship or indirectly proving disagreements regarding our business location. Nevertheless, we are also entitled to raise a charge in the place of general jurisdiction of the buyer.
§ 9 Severability clause
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.
§ 10 Provider information
Sergio Vila Pouca
Bahnhofstr. 44
70794 Filderstadt
Germany
T: +49 (0) 71 58 / 91 59 675
F: +49 (0) 71 58 / 91 60 224
Swazi@SwaziCowboyz.com
www.SwaziCowboyz.com
VAT-Id-No.: DE264481374
Stand: 11/11/2009
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