Condiciones de Uso

of the Company LASER-STAMPS.COM

Christian Sommer
Kupferwiesenstr. 18
70839 Gerlingen - Germany

- legally represented by the proprietor Christian Sommer
hereinafter named as LASER-STAMPS.COM

The following Terms and Conditions of Business are composed in German and can be viewed and downloaded by the Customer. If desired they can also be obtained at http://www.LASER-STAMPS.COM.de/agb.pdf or requested, in digital or written form, by an email to info@LASER-STAMPS.COM. They are also sent to the Customer with each order.

The address for service of process for LASER-STAMPS.COM, as well as the names of those authorised to represent can be found in the invoices.

Preamble
LASER-STAMPS.COM operates a homepage for commercial purposes at the domain http://www.LASER-STAMPS.COM. On this website, LASER-STAMPS.COM offers customers products, mainly stamps and stamp accessories, engraved articles and embroidered items.

§ 1 General
These delivery and payment terms are an essential part of all contracts or orders with our customers. Contrary purchase conditions with our customers are not effective, even if we do not expressly contradict them.

§ 2 Choice of product
(1) The Customer has the opportunity to select and to order products at the above-mentioned website.
(2) The Customer has a detailed description of each product on the relevant web page.

(3) The Customer can click on the product he wishes on the web page. The selected products are deposited in a virtual shopping basket, and, when he has finished shopping, the Customer receives a summary of the products and the total price including VAT.

(4) Before sending the order, LASER-STAMPS.COM gives the Customer the opportunity to check that the order’s contents, especially regarding prices and quantities, are correct. The Customer can also check the accuracy of graphical details, correcting them where necessary.

§ 3 Instructions regarding withdrawals
Right of withdrawal
The Customer can withdraw from his declaration of contract within two weeks, without giving a reason, in writing (e.g. letter, fax, email) or by returning the goods. The time limit begins, at the earliest, with the receipt of these instructions. To observe this time limit it is sufficient to send the notice of withdrawal or the goods themselves within the said period.

The withdrawal is to be sent to:

LASER-STAMPS.COM
Christian Sommer
Kupferwiesenstrasse 18
70839 Gerlingen

Consequences of a withdrawal
In the event of an effective withdrawal, the return of the considerations received by both parties is to be granted and any benefits gained (e.g. interest) are to be handed over. If the Customer cannot fully return the received consideration or if its condition is deteriorated, he must, under circumstances, pay compensation to LASER-STAMPS.COM. This does not apply for goods, if the deterioration results solely from examining the goods – as would be possible in a retail shop. Incidentally, the Customer can avoid this liability for compensation by not using the goods as if he owns them and by refraining from handling them in such a way as may cause damage. Goods that can be parcelled are to be sent back. In the event of returning items from a delivery of goods, having a total order value not exceeding 40 EUR, the Customer must bear the costs of the return delivery if the delivered goods correspond to those ordered. In other cases, the return delivery is free of charge for the Customer, however, only if LASER-STAMPS.COM arranges the collection through a parcel carrier.

Special note
The Customer’s right of withdrawal expires prematurely if the Customer’s contractual partner has started to carry out the service, with the Customer’s express agreement, before the withdrawal period has started or if the Customer has arranged for this himself.

There is no right of withdrawal with contracts for
• the delivery of goods made specially to the Customer’s specifications or clearly tailored to suit the Customer’s purposes

§ 4 Prices
(1) List prices, as shown on the Internet pages at the time of the order, apply.
(2) Prices are ex. LASER-STAMPS.COM premises, including VAT but excluding costs for packing and shipping.
(3) Shipping costs are calculated separately.

§ 5 Conclusion of contract
(1) The offers from LASER-STAMPS.COM on the website are subject to confirmation. Therefore, LASER-STAMPS.COM is not obliged to supply the goods, in the event of unavailability. However, if LASER-STAMPS.COM has confirmed the Customer’s order in writing the contract is concluded and is binding, for the individual considerations.
(2) LASER-STAMPS.COM is entitled to supply goods, comparable in quality and price, if the ordered goods are not available.

§ 6 Execution of the contract
Order processing
LASER-STAMPS.COM will process orders on working days within 12-48 hours.
Delivery
As far as the ordered goods are available, LASER-STAMPS.COM will deliver them within 2 working days of receiving the order.

Shipping costs
Shipping costs in inland are 2.50 EUR as an insured packet. For shipments abroad, shipping costs will be charged according the actual costs incurred. For packaging and shipment (shipping costs), the following costs are charged separately:

Alterations, extensions, limitations to the order
LASER-STAMPS.COM will answer customer inquiries quickly, in connection with altering, extending or /and limiting quantities in orders already made. If the Customer wishes to alter, extend or limit his order up to one working day before the planned delivery, LASER-STAMPS.COM will take this into consideration, as far as possible.
Limitation is not possible for goods already dispatched or those made especially to the Customer’s specifications or clearly tailored to suit his personal needs, if these have already been produced.

§ 7 Service hotline
For queries regarding products, LASER-STAMPS.COM provides a customer hotline. This hotline is available for customers five days a week (Monday to Friday), during normal business hours (9.00 – 18.00).

§ 8 Payment conditions
(1) LASER-STAMPS.COM provides the Customer with an invoice, included with the delivery, for the goods ordered. LASER-STAMPS.COM delivers against invoice. Any advance payments will be taken into account in the invoice. For deliveries against invoice, all invoice amounts are to be paid within 30 days of the date of invoice.
(2) Prices in the invoice are always end prices inclusive of VAT.
(3) If the Customer is a consumer, he is obliged to pay LASER-STAMPS.COM arrears interest, if he defaults, at 1.2 % above the basic interest rate, unless LASER-STAMPS.COM can demonstrate a higher rate. It the Customer is a business, clause 1 applies except that the arrears interest is 2 % above the basic interest rate.
(4) We only grant discounts (volume-, large customer- and repetition discount) when payments are made in time. If the payment is in arrears, the invoice amount is due, without deductions plus dunning charges and interest.
(5) Cheques, as a means of payment, are only accepted on account of payment.
(6) 60 days after date of invoice, the outstanding debts are transferred irrevocably to a firm of lawyers, who will then claim the invoice amounts, plus dunning and processing charges, as their own. The extra costs incurred by this are at the expense of the orderer.
(7) The buyer is neither entitled to withhold the purchase price because of contested guarantee claims nor may he set off counter claims nor enforce a right of retention for them, if they are not recognised or supported by legal findings.

§ 9 Retention of title
All deliveries are carried out solely as a conditional sale. The delivered goods remain the property of the seller until the seller’s entire claims arising from the business relationship with the buyer are fully paid, including the encashment of cheques. For the current invoice, the retained title is our security for the outstanding balance. The buyer is entitled to resell the conditional property if this resale is conducted as a correct business transaction.
Already now, the buyer surrenders his claims resulting from the resale of the conditional goods irrespective of whether they are sold to one or to several recipients. In the event that the conditional goods are sold together with other goods not belonging to us, the amount of the claim corresponds to the proportional value of our ownership of the conditional goods with regard to the remaining goods or co-ownership rights of others on the newly acquired goods, as at the time of the sale. The buyer is authorised to collect the claim from the resale in spite of this surrender; our right to collect remains unaffected by this. However, we will not collect the claim ourselves as long as the buyer meets his payment obligations correctly. On our request, the buyer must inform us of the debtor of the surrendered claim and inform the debtor of his surrender to us.
The retention of title is limited in such a way that the title for the conditional property passes to the buyer without further measures after all our claims, arising from the business relations, are paid in full. The buyer is then entitled to the surrendered claims. If the Customer defaults, we are entitled to demand the return of the conditional goods. This demand for return does not constitute a withdrawal from the contract.

§ 10 Guarantee and liability
(1) The Customer must notify LASER-STAMPS.COM, in writing, about justified faults in respect of the product and, in addition, send back the product. The offerer’s guarantee conforms with P. 433 et seqq. BGB (German Civil Code). If the Customer is a business, the guarantee is limited to one year and LASER-STAMPS.COM is entitled, optionally, to repair the product or to provide a cost-free replacement.
(2) LASER-STAMPS.COM is liable
• for the full amount of damages caused by gross negligence by its legal representatives or executive staff,
• according to the reasons, for each negligent breach of cardinal obligations.
Co-negligence by the Customer’s will be taken into account.
Liability because of intent as well as the guarantee in accordance with the Product Liability Law is unaffected by this.

§ 11 Acts of God
(1) In the event that LASER-STAMPS.COM cannot supply the services due because of Acts of God (especially war, natural disasters but also shortages of materials, operational disruptions. industrial disputes or official measures) - also with suppliers - they are exempted from the obligation to deliver for the period of the disturbance.
(2) If LASER-STAMPS.COM is unable to fulfil the order or to deliver the goods, due to Acts of God, within one month, the Customer is entitled to withdraw from the contract.

§ 12 Data protection
LASER-STAMPS.COM observes all data protection requirements, in particular the requirements of the Distance Selling Regulations. Personal data is solely used for preparing the contract and processing the order and for the customer newsletter.
LASER-STAMPS.COM does not pass on personal data to third parties. Service partners needing the data to prepare the contract or to process the order (e.g. GLS) are excepted from this. This also applies to representatives appointed to collect debts.

§ 13 Place of fulfilment and place of jurisdiction
Place of fulfilment and place of jurisdiction for all claims, arising from the business relations between FABRIK.DE and the Customer, is Ludwigsburg.

§ 14 Final clauses
(1) Contract language is German.
(2) If one or more of the clauses constituting these conditions is or becomes ineffective, the remaining clauses remain effective. LASER-STAMPS.COM and the Customer shall replace the ineffective clause with an effective clause coming closest to the economic purpose intended by the contractual partners.