General Terms and Conditions and Customer Information
I. General Terms and Conditions
� 1 Basic Provisions
(1) The following general terms and conditions apply to all contracts that you conclude with us as provider (B�ker GmbH) on www.history-revisited.com. As far as there is no other mutual agreement, the inclusion of your own conditions you use is rejected,
(2) According to the following regulations any natural person that concludes a legal transaction because of reasons, that predominantly have neither to do with commercial nor with self-employed professional purposes, represents a customer. An entrepreneur is any natural or juristic person or judicable partnership which acts out of their self-employed professional or commercial occupation when concluding a contract.
� 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
Our product presentation on the internet is tentative and no binding offer that leads to the conclusion of a contract.
(2) You may make a binding offer to buy (order) via the online shopping cart system. The goods you want to purchase are put into the "shopping cart". You may select the "shopping cart" by using the corresponding push-button, which you can find on the navigation bar and modify your order at any time. After selecting "Checkout" and entering the personal data as well as the method of payment and the shipping terms, all order data are shown on the �order preview� once more. Before sending the order, it is possible to check and change all data (also via the "back" function of the internet browser) or cancel the purchase. By dispatching the order via the push-button "send order", you make a binding offer to us.
(3) The offer's acceptance (and thus the conclusion of the contract) follows immediately after the order in form of a textual confirmation (e.g. an email), which confirms the execution of the order or the delivery of the goods (order confirmation). In case you do not receive such a notice, you are no longer binded to your order. If any payments have already been made, those will be refunded instantly.
(4) Your enquiries to make an offer are non-binding for you. Hereunto, we submit a binding offer in textual form (e.g. via email), which you may accept within 5 days.
(5) The order's handling and the transmission of all required information for the conclusion of the contract is made via email, partly automated. Therefore you are obligated to ensure, that the email address you give us is correct and thus the email receipt is technically ensured and especially not prevented by spam filters.
� 3 Right of Detention, Reservation of Property Rights
(1) You can only exercise a right of detention if the claims are based on the same contractual relationship.
(2) The goods stay our property until the complete payment of the purchase price has been made.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain the title of the goods until all the receivables arising form the ongoing commercial relationship have been fully settled. Before devolution of property, concerning the goods that are subject to retention of the title, a pledging or chattel mortgage is forbidden.
b) You may resell the goods in the ordinary course of business. In this case, please assign all claims that arise from the resale of the goods in the amount of the invoiced value to us, we accept the assignment. Further, you are authorized to the collection of receivable. However, if you do not properly meet your payment obligations, we reserve our right to collect the receivable on our own.
c) In case of connecting and blending reserved property, we acquire co-ownership of the new object at the ratio of the reserved property's invoiced value in relation to the other manipulated objects at the time of the manipulation.
d) We bind ourselves to release the securities, to which we are entitled, on your request insofar as the realisable value of our securities exceeds the claim that is to be secured by more than 10%. The choice of the securities to be released is incumbent on us.
� 4 Warranty
(1) The legal regulations are in force.
(2) Insofar as you are an entrepreneur, applies deviating from section 1:
a) As a statement of the quality of the goods only our own information and the manufacturer's production description are valid, but not any other advertising, public promotion and statements of the manufacturer.
b) You are obligated to check the ordered goods immediately and with the necessary care for deviation of quality and quantity and to tell us in textual form obvious deficiencies within 7 days after receiving the goods. A timely dispatch is sufficient for adhering to the deadline. This does also apply to later noticed, hidden deficiencies from the moment of their discovery. In the event that the obligation to inspect and give notice of deficiencies is violated, the enforcement of warranty claims is impossible.
c) In case of deficiencies, we are free to choose to warrant either by rework or by replacement. If the rectification of defects fails twice, you can either demand the reduction of costs or withdraw from the contract. In case of rework, we are not obligated to bear the increased costs that arise from the good's shipment to a location differing from the place of fulfilment, as long as this shipment does not correspond to the good's intended use.
d) The warranty period lasts one year after the delivery of the goods. The shortened warranty period does not apply for damages caused by us which include an injury to life, body or health and damages caused recklessly or deliberately and deceitfulness respectively, as well as in case of the right of recourse (R�ckgriffsanspr�chen) according to �� 478, 479 BGB.
� 5 Liability
(1) We are fully liable for damages related to injury of life, body or health, for any cases of willful intent or gross negligence on our part, in cases of malicious concealment of deficiencies, for acceptance of guarantee concerning the condition of the object of purchase, for damages according to the law on product liability and in all other cases regulated by law.
(2) Provided that essential contractual obligations are concerned, our liability for slight negligence is restricted to foreseeable damages typical for the contract. Essential contractual obligations are those essential obligations, that arise from the contract's nature and whose violation would jeopardise achieving the purpose of the contract as well as obligations, that the contract inflicts on us according to its content concerning the achievement of the purpose of the contract whose fulfilment will make the proper implementation of the contract possible and on whose compliance you may trust regularly.
(3) If unessential contractual obligations are violated, liability for slightly negligent breaches of duty is excluded.
(4) State-of-the-art data communication via Internet cannot guarantee to be flawless and / or available at any time. We are neither liable for constant nor uninterrupted availability of the website and the service offered thereon.
� 6 Choice of Law, Place of Fulfilment, Place of Jurisdiction
(1) German law is valid. The customer's choice of law applies insofar as the customer is not stripped of the protection that is granted due to coercible legal determinations by the country wherein the costumer usually resides (G�nstigkeitsprinzip).
(2) The place of fulfilment for any services that arise from the existing business relationships as well as place of jurisdiction shall be our registered place of business, insofar as you are not a consumer, but a merchant, a legal person of public law or a special fund under public law. The same applies if you do not have a place of general jurisdiction in Germany or in the EU or if the place of residence or habitual residence is unknown at the time of the commencement of a suit. Here, the permission to also invoke the courts at another legal place of jurisdiction remains untouched.
(3) The terms of the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht) do explicitly not apply.
� 7 Youth Protection
(1) We only enter a contract with customers who are of full age if the regulations of the law for the protection of the youth (Jugendschutzgesetz) require this for the goods to be sold.
(2) By dispatching your order you assure that you are at least 18 years old and that all provided information regarding your name and address is correct. You are obligated to ensure that the delivery is either taken by yourself or by a full age person you authorised to do so. We instruct the logistics provider to whom the shipment is assigned to hand the delivery only to persons who are at least 18 years old and to demand the acceptor's ID to check the age in case of doubt.
(3) If underage persons order goods, we hereby cancel the contract forehandedly according to � 109 BGB. According to legal regulations the full age persons who have the right of custody or are authorised to represent the underage persons who order goods using false information, are liable towards us for any damages arising from those orders made by using false information.
� 8 Sale of Arms
(1) At the sale of goods, which are included in the law of arms (Waffengesetz), we strictly only enter a contract with customers who are of age. If the goods are included in appendix 2 of the WaffG, we also demand your gun license.
(2) By dispatching your order you assure that you are at least 18 years old and that all provided information regarding your name and address are correct. You are obligated to ensure that the delivery is either taken by yourself or by a full age person you authorized. We instruct the logistics provider to whom the shipment is assigned to hand the delivery only to persons who are at least 18 years old and to demand the acceptor's ID to check the age in case of doubt.
(3) If underage persons order goods, we hereby cancel the contract forehandedly according to $109 BGB. According to legal regulations the full age persons who have the right of custody or are authorised to represent the underage persons who order goods using false information, are liable towards us for any damages arising from those orders made by using false information.
II. Customer Information
1. Identity of the Vendor
Phone: 040 640 1031
2. Information about the Conclusion of the Contract
The necessary technical steps that lead to the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction should be made according to � 2 of our general terms and conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete text of the contract is not saved by us. Before dispatching your order via the online shopping cart system you may print or electronically save these contract data by using the print function of your browser. When we receive your order, the order data, the statutory information concerning distance selling contracts (Fernabsatzvertr�ge) and the general terms and conditions will be send to you via email.
3.3. In case of quote requests outside the online shopping cart system, you'll get all contract data within the framework of a binding offer via email which you may print or save electronically.
4. Code of conduct
4.1. We are submitted to the "K�ufersiegel-Qualit�tskriterien" of the "H�ndlerbund Management AG", which you may check via this link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and / or services are to be found in the product description and the additional information on our website.
6. Prices and Payment Methods
6.1. The prices listed in our offers as well as shipping costs represent total prices. They include every price component including all incurring taxes.
6.2. The incurring shipping costs are not included in the purchase price. They may be invoked by using the accordingly labelled push-button on our website, will be declared separately during the ordering process and are to be payed by you, insofar as the delivery is not promised to be free of shipping costs.
6.3. The different payment methods you may choose can be invoked by using the accordingly labelled push-button on our website or are to be found in the respective product descriptions.
6.4. Unless specified differently in the particular payment methods, the pecuniary claims from the concluded contract are due to payment at once.
7. Conditions of Delivery
7.1. The conditions of delivery, the date of delivery as well as if so existing delivery restrictions are to be found via an accordingly labelled push-button on our website or in the respective product descriptions.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration during delivery of the sold goods while in transit is devolved to you not until the goods are handed over to you, regardless of whether the shipment is insured or uninsured
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory Liability for Defects (M�ngehalftungsrecht) of Goods.
8.1. The liability for defects of our goods acts in pursuance of the regulation "warranty" in our general terms and conditions (Part I).
8.2. As consumer you are asked to check the goods immediately on receipt for completeness, obvious defects and damages during transport and inform us as well as the haulier as soon as possible. If you do not comply with this request, this will have no effect on you statutory warranty claims.
These GTC and customer information were compiled by jurists of the "H�ndlerbund", who are specialized on IT Law and are permanently checked for compliance with the law. The "H�ndlerbund Management AG" guarantees the texts' legal certainty and is liable in case of written warnings. You can find more information at: