01 – Scope
On the relationship between Ritsaert Klapwijk, with domicile at Talstrasse 1, 65606 Villmar, Seelbach, Germany – hereinafter referred to as “seller” – and the purchasers of his products – hereinafter referred to as “buyer” – under the following terms: Seller shall not acknowledge any conditions not set forth under this agreement, unless expressly agreed otherwise in writing.
02 – Effectiveness
A purchase request placed by buyer evidences his or her intention of executing a purchase agreement for the purchase of our products. The recording of an advanced payment made by buyer into our bank account for said transaction shall be construed as evidence of this agreement, which will be fully effective upon shipment of the requested goods.
03 – Right to Cancellation
You may cancel the contract of sale within 14 days in writing either by letter, fax or e-mail, or by returning goods received within this period. The period starts upon the receipt of this instruction in writing, though not before the delivery of goods to the recipient (in the case of recurring deliveries of similar goods not before the receipt of the first partial delivery), and not prior to our fulfilment of our duty to furnish information pursuant to article 246 § 2 in conjunction with §1, paragraph 1 and 2 of the EGBGB as well as our duties pursuant to § 312g, paragraph 1, clause 1 of the BGB in conjunction with article 246 § 3 of the EGBGB.
To preserve the right to cancellation it suffices to post the cancellation notice or the goods within the period prescribed. The cancellation must be addressed to: Ricardo Klapwijk, Talstrasse 1, 65606 Villmar-Seelbach, Germany. E-Mail: shop(at)tango-dvd.net
Consequences of Cancellation
For an effective cancellation, goods and benefits reciprocally received in performance of the contract and benefits received (such as interest), must be returned. Should you be able to restore services and goods and their use (such as use benefits) only in part or in deteriorated form, you are obliged to make a payment in compensation. You are only obliged to make compensation to the extent of deterioration of goods and their use in excess of their examination and seeing their mode of function. Examination of properties and mode of function refers to the testing and trial of the goods analogous to what is possible and usual in shops. Goods that may be posted are to be sent back at our risk. You must defray all regular costs for return shipping of goods under condition that goods delivered are equivalent to those ordered and under condition that the price for returned goods does not exceed ¤ 40.00 or in such cases where instalment payments for goods in excess of ¤ 40.00 have not yet been made. Return shipping other than in these cases is free of charge. Goods that cannot be posted will be collected. Return and refund obligations must be fulfilled within 30 days. For you the period commences with the date of the cancellation or goods being posted, for us, upon their receipt.
End of Cancellation Instructions
In case you are a commercial agent or principal according to § 14 of the BGB entering into a contract, in furtherance of your commercial business, there is no right to cancellation.
B. Agreement on Shipping Costs
If you exert your right to cancellation, you must defray all regular costs for return shipping of goods under condition that goods delivered are equivalent to those ordered and under condition that the price for returned goods does not exceed ¤ 40.00, or in such cases where instalment payments for goods in excess of ¤ 40.00 have not yet been made. Return shipping other than these cases are free of charge.
04 – Price
The prices of the products are stated in Euros and include the related tax (VAT). The bill that establishes the tax should be stated separately applies to buyer, should the related law be enacted.
05 – Payment
The payment of the purchase will be effected in advance via bank transfer, Paypal or by creditcard. Seller reserves the right to accept or exclude any certain type of payment, when subject to mechanisms imposing fees or fines due to banking notices motivated by bureaucratic defects, for instance. In the case of delayed payment for a requested purchase, seller shall be entitled to charge the related interest, in accordance with the provisions of the Civil Code. This does not affect potential additional claims for damages, such as applying another interest rate or damages derived from a debt refinancing.
06 – Delivery and other forms of payment
Delivery dates are not binding to the date of purchase, unless expressly mentioned as binding. Fixed sales points are not included. With payments carried out in advance or by Paypal, the delivery deadline shall be calculated from the date buyer's payment is received. Delivery is usually carried out through the German postal service or through Hermes Versand. The goods are customarily shipped the working day following notice of payment. Seller will draw up an estimate of the shipment cost and will notify buyer. Payment included in the delivery only covers shipments within German territory.
07 – Compensation and Withholding
Seller shall have the right to compensate buyer if his or her refund request has been correctly established and acknowledged by seller. It is also within the seller's right to withhold part of the payment as far as it is established in the contract celebrated by both parties.
08 – Data protection
For the purposes of the purchase-sale transaction, certain data will be necessarily requested, such as name, address, telephone number and email address, all of which will remain in the strictest confidentiality in the presence of third parties on either side.
09 – Return of Packaging
According to the Packaging Order, we are obliged to withdraw and keep used packages no longer being used. We offer the 'Green Dot – Dual System Germany Ltd', which enables pick-up of our packaging sold in compliance with environmental protection rules. More information at http://www.gruener-punkt.de .
10 – Final Provisions
It is the law of the Federal Republic of Germany.