Höhenrainer Straße 5
- hereinafter referred to as TeleAnimation -
1. General terms and conditions
These general terms and conditions apply to all deliveries and services of TeleAnimation. Non-standard and/or supplementary agreements require the express written agreement of TeleAnimation. Approval by email is sufficient.
All offers from TeleAnimation on the Internet pages of www.fitviewer. are non-binding and subject to confirmation. Small deviations and technical changes to our illustrations or descriptions are possible.
The contract is concluded by the completion of the order on TeleAnimation’s website and TeleAnimation’s emailed acceptance or fulfilment of the order.
3. Prices and terms of payment
The prices shown on TeleAnimation’s web pages at the time of ordering apply. All prices quoted are final prices in Euros including value added tax currently amounting to 19 percent.
Packaging and shipping costs are not included
TeleAnimation accepts all methods of payment during the order process offered on the web page of TeleAnimation. The client chooses his preferred method of payment. Additional costs (for example COD charge) which (may) arise due to the method of payment will be incurred by the customer.
An offset of reciprocal claims is only possible with the express written agreement of TeleAnimation.
4. Delivery, delivery time and shipping costs
The delivery of the goods to the client is carried out by third-party suppliers (delivery services) mentioned in the order process. The client chooses his preferred mode of shipment. Shipping costs will be advised to the buyer before submitting the order process within the shopping cart.
Goods on stock will be dispatched within three working days of receipt of order.
With the shipment we send you an invoice of your order.
The delivery time for goods not in stock can be up to four weeks from receipt of order. Availability of goods is subject to punctual delivery to TeleAnimation by our suppliers. If the delivery fails owing to circumstances beyond TeleAnimation’s control, TeleAnimation can withdraw fom the contract. In such circumstances, TeleAnimation undertakes to inform the client as soon as possible. Any payment made will be refunded without delay. In this case the customer has no right to compensation.
Partial supplies shall be permitted, unless the customer shows no interest in them or they are considered unreasonable by the customer. In this case, there will be only one transport and packaging charge.
5. Instructions regarding the right to exchange and return
You have the right to cancel within fourteen days without giving any reason this contract. The withdrawal period is fourteen days from the date on which you or a third party named by you, which is not the carrier, the goods have taken physical possession of. To exercise your right of cancellation, you must contact us (Tele animation, Christoph Pollischansky, Höhenrainer Strasse 5, D-82541 Muensing, Phone: 08177/598, Fax Number: 08177/8964, email: firstname.lastname@example.org) by means of a clear explanation (such as a consigned by post mail, fax or e - mail), inform them of your decision to withdraw from this contract. You can ensure the following pattern - withdrawal form to use, however, is not mandatory. Make use of this opportunity, so we will immediately (eg by e - mail) send a confirmation of the receipt of such a withdrawal. In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Returns must be sent to the company address listed above.
Returns must carry sufficient postage. The expense of return carriage (based on the most reasonable mode of shipment by Deutsche Post AG) will be reimbursed 5 working days after receipt of the goods, via bank transfer to a bank designated by the customer. In case of additional costs due to insufficient postage on the return carriage the costs will be offset against payments the customer might have made.
TeleAnimation expressly reserves the right to claim for compensation of damaged goods. If the customer is responsible for the deterioration, loss or other impossibility he must reimburse the reduction in value; §§ 351 and 353 BGB do not apply.
The goods must be returned in their original packaging. If this is not possible the customer must provide a packaging which prevents damage to the goods. The customer is liable for damage to the goods caused by inadequate packaging.
Obvious defects (particularly damage, incorrect deliveries or quantity deviations) losses during shipment or other defects must be reported to TeleAnimation immediately but at the latest within a time limit of 14 calendar days from receipt of the goods in writing. Email notification to email@example.com is sufficient.
6.Transfer of risk
Goods will be dispatched at the customers own risk. The risk shall be transferred to the customer on transfer of the goods to the carrier. This apllies even if TeleAnimation has assumed the transportation costs. The client must assert complaints about damage in transit (e.g. damaged packaging upon receipt of goods) within the carrier within the specified time limit.
TeleAnimation guarantees that goods sold are free of material and manufacturing defects at the point of transfer of risk and meet the agreed standards. The legal guarantee period of two years after invoicing applies. The guarantee does not cover normal wear and tear.
The customers claims for compensation for damage, (e.g. for failure to perform, negligence in contracting, breach of contractual secondary obligations, consequential harm caused by a defect, damages in tort and other causes in law) are excluded. With the exception of the aforementioned, TeleAnimation will be held liable for the absence of a guaranteed quality, by willful misconduct or gross negligence. Claims in accordance with the product liability act are not affected.
In case of defects, owing to circumstances within the control of TeleAnimation and if, in the case of the exchange of the goods, the replacement is isufficient, the purchaser has the right of rescission or reduction.
TeleAnimation accepts no liablity neither for the permanent and uninterrupted availability of www.fitviewer.com nor for technical or electronic faults of the online offer.
8. Reservation of title
All goods are supplied under reservation of title. The supplied goods are the property of TeleAnimation until payment is received in full.
9. Court of jurisdiction
Court of jurisdiction in any dispute relating the delivery transaction, if possible, is the court of jurisdiction of TeleAnimation.
The head office of TeleAnimation is the agreed place of jurisdiction in case that the contractual partner has no place of general jurisdiction in Germany or the contractual partner has transferred his residence abroad after the contract has been concluded or if the residence of the contractual partner at the date when the action is commenced is unknown.
Contractual partners agree to the application of the law of the Federal Republic of Germany excluding the UN law of sale, in respect of all legal dealings in this contractual relationship.
10. Legal Notice
Höhenrainer Straße 5
Tel. +49 (0)8177/598
Ust-ID-Nummer: DE 286283098
12. Additional Provision
The invalidity or ineffectiveness of certain provisions of these general terms and conditions does not affect the validity of the other provisions.
Last revised 05/2008
Industrial property right infringement
If you suspect that your copyrights have been infringed upon through this website, please inform us without delay, by sending an e-mail to firstname.lastname@example.org so that this may be speedily redressed.
We make every effort to fulfill all legal requirements, regulations and disclosure duties completely. If you believe that this is not the case, please inform us without delay by sending an e-mail to email@example.com so that this may be speedily redressed. Please note, it would be both costly and time-consuming to engage a lawyer to petition the service provider and this is neither conducive to finding a resolution nor does it correspond to the wishes of the service provider.