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AGB
| General terms and conditions and customer information |
A. General terms and conditions by „blueyou.de“
1. Scope
2. Conclusion of contract
3. Postal charges for returned goods in compliance with the right of withdrawal
4. Prices and payment terms
5. Shipping conditions
6. Titel retention
7. Liability for defects
8. Liability
9. Applicable Law
10. Copyright
B. Customer information
1. Information about the sellers identity
2. Information about the essential features of goods and benefits
3. Information about the conclusion of a contract
4. Information about payment and delivery
5. Information about technical steps which lead to the conclusion of the contract
6. Information about the storage of the contract text
7. Information about technical instruments to discover and correct type errors
8. Information about the available languages for the contract conclusion
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1.1. Theses terms and conditions of "Raab und Schlegel GbR " (in the following named seller), apply to all
contracts, which the customer concludes with the seller concerning the products and/or benefits shown in the online
shop. Herewith the seller contradicts customers own terms, unless something else is agreed.
1.2. Customers, within the meaning of paragraph 1.1., are both consumers and entrepreneurs, whereas a consumer
is any natural person, who closes a legal transaction for a purpose, which does not refer to his/her commercial
or self-employed professional activity. An entrepreneur, by contrast, is any natural or legal person or a
legally responsible business partnership, who acts at the close of a legal business in exercise of its independent
professional or commercial activity. |
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2. Conclusion of contract |
2.1. The presented products in the sellers online shop are no binding offers on the part of the seller but
serve as bidding for binding offers through the customer.
2.2. The customer can submit a quote by phone, in written form, via fax, via e-Mail or via the online order
form which is integrated in the online-shop of the seller. When buying via the online order form, the customer
submits a legally binding bid for the products within the shopping cart after entering his personal data and by
clicking the button “complete order” during the final step of the order process.
2.3. The seller can confirm the receipt of the customers bid by a written (letter) or electronical (fax or
email) order confirmation or by delivery of the goods within five days. The seller has got the right to decline
the accepting of the order.
2.4. Order processing and contact are normally made per email or automatical order processing. The customer has
to ensure that the during the order processing given email address is correct so that the emails send by the seller
can be received. In particular when using spam filters the customer has to ensure that all emails send by the
seller or from the seller with order processing instructed third parties can be received.
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3. Postal charges for returned goods in compliance with the right of withdrawal |
| 3. If the customer has got the right of withdrawal he has to bear the postal charges for the returned goods if the
total amount of the returend goods is less than 40 Euro or in case that the total amount is higher and the
customer has not reciprocated or has not made a part payment at the moment of withdrawal unless the delivered
goods do not correspond to the ordered goods. In all other cases the seller bears the postal charges for the
return. |
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4. Prices and payment terms |
4.1 The indicated prices of the seller are quoted as retail prices. This means that they include all price
components, including value-added (german) tax. In the case that additional delivery and postal charges
will incur they will be shown in the product presentation of the offer seperately.
4.2 For deliveries within Germany the seller offers the following payment options as far as there is not declared
something else in the product presentation of the offer:
1. Prepayment by
- bank transfer
- credit card payment
- PayPal
- Sofortüberweisung.de
2. Cash on delivery
4.3 If there is also the option of shipment to foreign countries offered, the customer has got the following
payment possibilities as far as there is not declared something else in the product presentation of the offer:
1. Prepayment by
- bank transfer
- credit card payment
- PayPal
4.4 In case of deliveries in countries outside the European Union further costs are possible for example
for additional taxes and/or dues as in the form of customs duties.
4.5 If prepayment is declared, payment is due directly after conclusion of contract.
4.6 If credit card payment is choosen the customers credit card account is charged by conclusion of the order.
4.7 The customer is only entitled to offset, if the counterclaom is undisputed, legally determined or
accepted by the seller.
4.8 The customer can only use the right of retention, as far as the claim is a matter of the same contractual
relationship. |
5.1. The shipping of goods takes place regulary via dispatch type sequence and to the delivery address as stated
by the customer. For the transaction handling the delivery address given by the seller is relevant. Differing from
that: when choosing PayPal as payment option the address deposited from the customer at PayPal is relevant.
5.2. If the delivery to the customer is not possible, the commisioned transport company sends the goods back to
the seller. In this case the customer has to pay for the unsuccessful delivery. This does not apply if the customer
was prevented to accept the works momentarily, unless the seller has announced the works during an acceptable period
or if the customer hereby exercises the right of withdrawal.
5.3. Basically, the risk of accidental loss and accidental deterioration of the sold goods passes on the delivery
to the customer or an authorized recipient. Is the customer a entrepreneur (he acts in exercise of his commercial
or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration passes
in case of sale by delivery to a place other than the place of performance by the delivery of the goods at the
business location of the seller to a qualified transport person.
5.4. Towards an entrepreneur apply all agreed delivery deadlines under reserve correct and on time delivery in cases
where the seller has completed a hedging transaction and where the seller is not responsible for the lack of
availability. |
| 6. The delivered goods of the seller remain property of the seller until full payment. |
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7. Liability for defects |
If a defect of the purchased good is existent, statutory provisions do apply:
7.1. For entrepreneurs
• Insignificant defects principally do not base claims for defects.
• The seller has the option of the kind of supplementary performance.
• The limitation period for defects in case of new goods is one year from passing of risk.
• Rights and claims on the basis of defects for used products are principally excluded.
• The limitation period does not start again, if a compensation delivery in the context of liability for defects was made
7.2. For consumer is the limitation period for claims for defects
• for new goods two years after delivery of the goods to the customer.
• for used goods one year from the delivery of the goods to the customer with limitation of 7.3.
7.3. For entrepreneurs and consumters apply that the liability and limitation period in point 7.1 and 7.2 does not
relate to claims for special damages and reimbursement of expenses that the customer can claim according to
statutory provision due to defects in accordance with point 8
7.4. Furthermore for entrepreneur applys that the statutory limitation periods for the contribution claim (according
to § 478 BGB) will remain unaffected.The same does apply for entrepreneurs and consumer in the case of deliberated
breach of duty and fraudulent concealment of a defect.
7.5. Is the customer a merchant, in terms of § 1 HGB, he has the obligation to inspect and to give notice of defects
according to § 377 HGB. If the customer fails this duty to give notice, the goods are deemed as approved.
7.6. Is the customer a consumer, he is requested to reclaim the delivered goods with obvious transport damages at
the deliverer / postman and to notify the seller of this. If the customer fails to do so, it does not have an effect
on his statutory or contractual claims for defects.
7.7. If the supplementary performance was made in the way of compensation delivery, the customer is obligated to send
the first sent goods on his own costs within 30 days back to the seller. The return of the defective goods has to be
done according to statutory provisions. |
8.1. The seller shall be unlimited liable, on whatever legal grounds, for injury to life, body or health, deliberate
action or gross negligence, fraudulent intent and warranty promise and when the liability follows statutory
provisions, such as Product Liability Law.
8.2. Apart from that, the seller is liable for whatever legal grounds as follows:
8.2.1. In case the seller violated negligently a essential, contractual duty (so-called cardinal duty), the duty of
replacement for damages is limited to the predictable, typically resulting average damage. Essential contractual
duties are duties by which the contract with its content imposes the seller to acchieve the contracts aim which is
the fullfilling of an adequate execution and its compliance so that the customer can trust in it regulary.
8.2.2. In case the seller violated a unessential contractual duty, the duty of replacement is limited to the contract
value. |
9.1. For all legal relationships of the parties is the law of the German Federal Republic applicable, to the
exclusion of laws on international purchasing of movables. For customers this choice of law applies only insofar as
the claimed proction of the law is not revoked by compulsory right terms of the state in which the customer has got
its main residence.
9.2. Is the customer a merchant, a legal body of public law or a special fund under public law, the solely court of jurisdiction
for all disputes of this contract is the place of business of the seller.The same applies, if the customer does not
have a general court of jurisdiction in Germany or the EU or if his habitual residence is not known at the time of
the commencement of proceedings. The authorization to call the court of law at another court of jurisdiction remains
unaffected.
9.3. The contract language is German. |
| 10. Comycom (our private brand) is copyrighted for the registration of the ownership of the figurative and registered
trademark.Owner of this copyright is exclusively Raab und Schlegel GbR. The copyright of this online-offer belongs to
Raab und Schlegel GbR exclusively. All rights reserved. The use of blueyou.de own photographs or designs is prohibited
assertively and not allowed. Copies, duplication, publishing or media printing without permission of Raab und Schlegel
GbR in written form is prohibited and will be reported to the police instantly. This arrangement is also valid for
screenshots. |
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B. Customer information |
1. Information of the sellers identity:
Raab und Schlegel GbR
"blueyou.de"
Zur Hunnenburg 2
35315 Homberg / Ohm
Partner of the civil law association: Michael Raab and Thomas Schlegel
Telefon: +49 (0)6633 / 5101
Telefax: +49 (0)6633 / 5106
E-Mail: service@blueyou.de
Sales tax identification number pursuant to § 27 a Value Added Tax Act: DE 209233056 |
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2. Information about the essential features of goods and benefits |
2. The essential features of goods an benefits are presented in the respective product description place by the seller.
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3. Information about the conclusion of a contract |
| 3. The conlusion of a contract is effected in accordance with section 2 of the sellers General terms and conditions
(see above). |
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4. Information about payment and delivery |
| 4. Payment is effected in accordance with section 4, delivery in accordance with section 5 of the sellers General
terms and conditions (see above). |
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5. Information about technical steps which lead to the conclusion of the contract |
The contract is conluded by offer and acceptance.
5.1. Is the customer using the sellers online order form for the order he submits the quote as follow:
5.1.1. On the sellers range of goods web page the customer does the first step by clicking the button "order".
A new page will open and the content of the shopping cart is shown.
5.1.2. In the second step the customer is clicking directly or after having added some more goods to the shopping
cart the button "cash". In case the customer was not registrated or logged in a new page will be opened. On this
page the customer has to do an intermediate step and registrated once more and open a customers account, registrate
for a guest order or sign on if he is already registrated as a customer. If he is already registrated as customer,
he just fills out the fields "your email address" and "your password" and afterwards is clicking the button
"registrate". If he is not registrated as customer he chooses between opening a customer account or doing a guest
ordering. After that he fills out the form and is setting a checkmark in "herewith I accept the data protection
notice". Now he is clicking on the button "next page" and a new page will be opened which confirms the successful
registration of the customers account.
5.1.3.
Now the customer is clicking on the button "next page" and is connected with the content of its virtual shopping
cart. Here he can choose if the shopping process will be continued by adding further goods or finished by clicking
on the button "cash" which is leading to the payment procedure. When clicking on the button "cash" a new page will
be opened which offers the possibility to do changes in the address (for example if the invoice address is differing
from the shipping address). To continue the ordering process the customer now is clicking on the button "next".
5.1.4. A new page is opened which provides the opportunity to choose an payment option per clicking. He accepts
the co-contractors General terms and conditions by sending the order and at is this point able to read them again,
download, save or print out.
5.1.5. In the next step the customer is clicking on the button "next" and a new page will be opened wich summarizes
the order and shows the notice of revocation according to the Distance Selling Act.
5.1.6. In step six the customer is setting a checkmark at "Herewith I accept the data protection notice, General
terms and conditions and I confirm that I have read the following notice of revocation".
5.1.7. Step seven is the clicking on of button "send order".
5.2. The sellers acceptance is effected in accordance to section 2.3 of the General terms and conditions of the
seller (see above). |
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6. Information about the storage of the contract text |
| 6. As soon as the customer has send the order, the contract text is stored by the seller and send to the customer
together with the present General terms and conditions and customer information in text form (for example as email,
fax or letter). Additonal to that the contract text is archived on the sellers internet page and could be recalled
for free from the customer by its password protected account under statement of the accordant login data as far as
the customer had opened an account before ordering. |
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7. Information about technical instruments to discover and correct type errorsn |
| 7. The customer can correct his entered data constantly by the common keyboard and mouse functions before sending
a legally-binding order. In addition to that all entered data will be shown before sending a legally-binding order
in a confirming field and could be corrected there also by ususal keyboard and mouse functions. |
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8. Information about the available languages for the contract conclusion |
| 8. For the conclusion of the contract only the german language is available. |
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