Terms and Conditions
1. General Information
(1) For all contracts, supplies and other achievements of the Seller, the company NepalGPSMap, owner Michael Schlenstedt, Hans-Boeheim-Strasse 2, 01309 Dresden, Germany, the following General Terms and Conditions are solely valid in the version valid at the time of ordering.
(2) With his order the Buyer accepts the General Terms and Conditions. Overriding terms or terms that deviate from the General Terms & Conditions shall apply only after the Seller has expressly confirmed this in writing.
(3) For the business relations between the Seller and the Buyer German law applies, to the exclusion of the UN purchasing law.
(4) In case the Buyer is a business man in accordance with the Commercial Code, a public entity or public fund, the following terms are valid:
The place of performance for all obligations arising from the contractual relationship including any warranty claims shall be the registered office of the Seller.
The District Court of the place of residence of the Seller shall have exclusive jurisdiction for disputes in connection with this contract.
Place of jurisdiction is the registered office of the Seller.
(5) If the Buyer and the Seller arrange additional written terms (particularly subsidiary agreements, supplements and adjustments), the additional written terms have priority over the General Terms and Conditions.
2. Conclusion of the Contract
(1) Sales contracts come off only by a written confirmation of order or the acceptance of the commodity by the Buyer, where applicable at expiration of the revocation/return period. A communication in unsigned text form (such as e-mail) shall suffice for the preservation of written form.
(2) With confirmation of order, the Seller forwards the contract text and the Terms and Conditions to the Buyer.
3. Delivery, Reservations of Delivery, Passage of Risk and Costs of Return
(1) Products marked as in stock available on the product page will be delivered in case of prepayment or debit within 5 workdays after receipt of payment, in case of delivery on account (invoice) on delivery within 5 workdays after receipt of order. Products expressly marked as not in stock on the product page will be delivered within 5 workdays after supply to the Seller.
(2) Should it not be possible to deliver a particular item or replacement item, the Seller shall be entitled to refuse delivery. The Seller shall immediately inform the Buyer about the refused delivery and in the event of withdrawal to immediately refund any remuneration already received.
(3) Risk of accidental loss or accidental deterioration shall pass to the Buyer at the latest with transfer the delivery to the Buyer. If the Buyer is a business man in accordance with the Commercial Code, a public entity or public fund, risk of accidental loss, accidental deterioration or accidental delay shall pass to the Buyer at the latest with transfer the delivery to the carrier, transport operator or any other person designated to transfer the delivery.
(4) If the Buyer is consumer, i.e. every individual, who concludes a legal transaction with an aim, that cannot be connected to neither his commercial nor his independent professional occupation, the Buyer has the right to revoke the contract declaration. The Buyer must pay the reshipment if the delivered articles are in accordance to the ordered articles and if the price of the articles is not higher than Euro 40.00 or if the price is higher but the Buyer has not yet paid it completely or partly. However, the Seller must definitely refund the costs of the initial shipment to the Buyer.
4. Instruction about the Right of Revocation according to German Civil Code § 312 d BGB für Fernabsatzverträge
The Right of Revocation
The Buyer can cancel the purchase contract within two weeks without having to provide any reason in written form (e.g. letter, fax, email) or by reshipment of the articles. The grace period for revocation begins earliest upon receipt of the goods and this notification by the Buyer (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the Seller has met his information duties and other duties as defined by German Civil Code Article 246 § 2 in conjunction with § 1 Abs. 1 and 2 EGBGB as well as his duties according to § 312e Abs. 1 Satz 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation grace period is met through a timely shipping of the cancellation note or returned item(s).Send the revocation/cancellation to:
NepalGPSMap – Michael Schlenstedt
Fax: +49 (0)351 / 41880609
In the event of an effective/valid revocation, each party returns the benefits received to the other party including such benefits as interest, etc. If you are unable to return the received benefits in their entirety or partially or only in worse or diminished condition, you may have to reimburse us for the value of the benefit. This does not apply to returnable objects if the worsening or diminishment of the object is solely due to their inspection – as it may be possible in a physical location such as a shop. You can avoid the duty for reimbursing the value of an object for a diminishment of the object due to the intended use of the object by not using the object as if it were your property and foregoing any actions that would diminish its value. We assume the risk for objects returnable by parcel post. You are responsible for any costs associated with returning the goods or objects if the delivered goods match the ordered goods and if the price of the goods or object to be returned does not exceed EUR 40 or, in case of a higher price at the time of the revocation you did not yet provide the return service or benefit or a contractually agreed partial payment. In all other cases, returns are free for you. Goods or objects not suitable for parcel post are picked up at your location. Obligations to reimburse payments must be met within 30 days. The revocation grace period starts for you as soon as your revocation declaration or the goods or object is sent, for us upon receipt thereof.
End of Revocation Instructions.
5. Postage and Packaging
(1) There are no extra costs for postage and packaging. These costs are included in the product price stated on the product page.
(1) All prices given by the Seller within the context of his Internet range are end customer prices in euro. The prices do not contain any statutory VAT according to German small Businesses Regulation (“Kleinunternehmer-Regelung”) (§19 Abs. 1 UStG). These prices apply exclusively to e-commerce orders.
(2) The prices stated at the time of the order shall apply.
7. Retention of title
(1) The Seller remains owner of all goods delivered by him until the Buyer has fulfilled all present and future obligations until satisfaction in full of all claims resulting from the business relationship (extended reservation of title).
A disposition of the goods subject to reservation of title (for example by sale, pledging, transfer by way of security, gifting, transfer for use) by the Buyer is not permitted under any circumstances.
(2) If the customer should have undertaken a disposition contrary to the terms of the contract of the object of scale, then the paid or payable purchase price or otherwise received or due performance of the purchaser shall take the place of the goods. The Buyer already now assigns to the Seller all claims arising from any sale. The Buyer is not authorized to collect these claims. The Seller accepts the assignment, the Buyer must cooperate upon the disclosure of the assignment to the purchaser and must see that the purchaser makes payment or renders performance to the Seller. Taking the extended reservation of title (advance assignment of the respective purchase price claim) into consideration, an assignment to third parties, especially to a credit institution, is in breach of contract and therefore not permissible. At any time the Seller is hereby authorized to check the Buyer’s sales and service literature and to inform his buyers about the assignment.
(3) In the case of an attachment of the goods at Buyers, the Seller must be notified immediately, duly sending a copy of the execution record and a declaration in lieu of an oath, that the attached goods are the goods supplied by the Seller which are subjected to reservation of title.
(4) The assertion of the Seller’s rights from the reservation of title shall not release the Buyer from its contractual obligations. Die Geltendmachung der Rechte des Verkäufers aus dem Eigentumsvorbehalt entbindet den Käufer nicht von seinen vertraglichen Verpflichtungen. The value of the goods at the time of return shall merely be offset against the Seller’s existing claim against the Buyer.
8. Payment Conditions
(1) Ordered items must be paid by prepayment, Paypal Payment Service (http://www.paypal.com) or, in case of orders from Buyers with own customer number, on account (invoice).
(2) In case of deliveries to customers having their principal place of business outside the Federal Republic of Germany, payment is only possible by prepayment or Paypal Payment Service (http://www.paypal.com).
(3) In case of purchase on account (invoice), the customer is obliged to settle the invoice within 7 days following delivery of the goods.
(4) If a Buyer delays payment of fees, the Buyer is obligated to reimburse the Seller with the relevant reminder costs, at a flat-rate of EUR 5.00 per reminder as well as to pay interest at the simple annual interest rate of 5% for consumers, i.e. every individual, who concludes a legal transaction with an aim, that cannot be connected to neither his commercial nor his independent professional occupation, and 8% for business man in accordance with the Commercial Code, a public entity or public fund, above the annual basis interest published by the Deutsche Bundesbank.
9. Warranty / Technical Details
(1) The warranty period for delivered goods is two years and begins at receipt of merchandise..
In case the Buyer is a business man in accordance with the Commercial Code, a public entity or public fund, the warranty period for delivered goods is one year.
(2) If the object of sale are old and used material, the warranty period for delivered goods is one year.
(3) In case the Buyer is a business man in accordance with the Commercial Code, a public entity or public fund, he is obliged to inspect the goods immediately on delivery and report all damages immediately to us in written form.
(4) Claims to compensation for damages remain impossible, provided that the Seller caused damage through no gross negligence or intentional action. Wherever legally permissible, Sellers liability for damages shall in no event exceed the purchase price of the particular delivery.
(1) The Seller respects the privacy rights of the Buyer and is strongly committed to protecting the Seller’s privacy online. The data, which is needed to process the Buyer’s order, will be digitally processed and stored according to the German Protection of Privacy laws.
(2) The Seller reserves the right of transfering data for the purpose of credit checks to third parties. The Buyer shall be entitled to revoke the allowance at any time.
11. Other Provisions
If some of the regulations of the contract or the general terms and conditions should be or should become invalid, this does not affect the remaining regulations.
Dresden, 06. November 2010