TERMS & CONDITIONS
for online orders of goods by end consumers
As of 01 December 2005
§ 1 Scope of Application
Your order from www.clickbox.de is exclusively subject to the following general terms and conditions of
clickbox e.K. - Inhaber Bernhard Schorsy
In der Au 8, 72622 Nürtingen, Germany
Phone: 0049 7022 923818 - Telefax: 0049 7022 923828
VAT ID No. DE 185628251
The version valid at the time of your order is applicable from time to time. any deviating, contrary or supplementary provisions or general terms and conditions of the orderer will not become part of the contract, even if they are known, unless we expressly confirm the deviating provisions in writing.
§ 2 Entering into the Contract
Our information on goods and prices are subject to confirmation and unbinding. With your online order, you submit a binding offer. This offer is accepted by us if and as soon as you have received our order confirmation or we deliver the ordered goods.
§ 3 Cancellation Policy
1. Cancellation right
You may revoke your contractual statement within 30 days in text form without stating any reasons (e.g. letter, fax, email) or – if the object is left to you before the end of the period – by returning the object. The period shall commence after receipt of this information in text form. Timely dispatch of the revocation or object shall be sufficient for compliance with the cancellation period. Send your revocation to CLICKBOX e.K., In der Au 8, D-72622 Nürtingen.
2. Consequences of cancellation
In case of effective revocation, the services received on either side shall be returned and any benefits possibly received (e.g. interest) surrendered. If you cannot return the received performance to us wholly or partially or only in a deteriorated condition, you shall have to compensate us for the value lost in this respect. When objects are submitted to you, this shall not apply if deterioration of the object is merely due to its inspection – as it would have been possible in a store as well. Apart from this, you may avoid the obligation to compensate for any deterioration of the object by not taking the object into use as your property and by not doing anything that may impair its value.
Objects that can be sent as parcels shall be returned at our cost and risk. You shall assume the costs for return if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 Euros, or if you have not yet paid the compensation or any contractually agreed instalment at the time of revocation if the object has a higher price. Objects that cannot be sent as parcels shall be collected from your place. Any obligations to reimburse payments must be met within 30 days. The period shall commence with dispatch of your revocation statement or the object for you, with its receipt for us.
3. The cancellation right shall not apply regarding contracts on the delivery of goods that were produced customised for the customer or that are clearly customised for personal requirements.
§ 4 Prices, Shipping Costs and Payment
1. Our online shop indicates final prices containing statutory VAT.
2. Online orders as of a value of the goods of 100 € are delivered free of shipping charges within Germany. Online orders under a value of the goods of 100 € shall be subject to a shipping costs flat rate of 6.99 €. Delivery shall be performed from our distribution centre to the delivery address indicated by you.
3. Deliveries abroad shall only be done against prepayment. For deliveries abroad, the shopping costs arising shall be assumed by the orderer in any case. Please observe that deliveries abroad may be subject to higher shipping costs. We will inform you of the actual shipping costs in advance.
4. You may choose among the following payment methods: Prepayment, payment cash on delivery or payment by credit card. Registered returning customers will receive login information for personal access from us. Other payment types that are agreed between us in case of sufficient creditworthiness are then also available for you in the online shop.
5. Payment cash on delivery shall in any case be subject to a COD fee of 8.00 €.
6. For advance payments, deduct a 3 % discount from the final amount of the invoice. The orderer shall receive an order confirmation in advance that indicates the final amount of the invoice.
7. We accept online payment by Visa or Mastercard credit card subject to successful card verification. The card will be charged at once. The amount to be collected will appear on your credit card statement as "HSO*CLICKBOX,07022-9238-18".
§ 5 Delivery and Performance Period
1. Goods offered in our online shop are usually in stock and can be delivered within 24 hours. If an item is not sufficiently on stock, you will find the expected delivery date in your order confirmation. The usual time to delivery will be included in your order conformation. The regular runtime for delivery by parcel service or forwarder shall be 48 hours.
2. If you are responsible for non-compliance with any bindingly promised periods or dates, or if we enter default, the orderer shall have a right to charge compensation for default at 0.5 % for each completed week of default, and no more than up to 5 % of the invoiced value of the delivery subject to default in total. Any further claims shall be excluded unless the default is due to wilful intent or gross negligence.
3. We shall have the right to make partial deliveries at any time. Of course, we shall also assume the additional shipping costs arising from partial deliveries.
4. Compliance with the delivery and performance obligation shall required timely and proper performance of orderer's obligations.
§ 6 Due Date and Payment, Retention of Title
1. The purchasing price will fall due at delivery if advance payment was not agreed. In case of advance payment, the goods will be shipped right after receipt of the payment.
2. If the orderer enters payment default, we shall have the right to charge default interest amounting to 5 percentage points above the current basis interest rate charged by the European central bank. The orderer shall, however, have the right to prove that no or a lower damage resulted.
3. The delivered goods shall remain our property until the payment is received in full.
§ 7 Warranty, Claims from Defects
1. The product illustrations do not need to correspond to the design of the delivered products at all times. In particular after range renewals, design and equipment of the products may change. There shall not be any claims from defects if the changes are reasonable for the orderer.
2. If the goods are subject to defects, we shall provide subsequent performance, i.e. either replacement delivery or removal of defects, within a reasonable period of time. If subsequent performance as chosen by the orderer is only possible at unreasonable costs, we shall have the right to subsequent performance in another manner. The expenses required for subsequent performance shall be assumed by us. If subsequent performance is not possible, the orderer shall have the right to rescission of the purchase or reduction of the purchasing price.
3. Defective goods shall be returned to us unless the orderer has decided to reduce the purchasing price.
4. Claims from defects shall expire 2 years after the time of delivery of the goods.
§ 8 Damages
1. In case of simply negligent violation of obligations, liability shall be limited to the foreseeable direct average damage typical for the contract. This shall also apply in case of slightly negligent violation of obligations by our legal representatives or servants.
2. The above limitation of liability shall not apply regarding any claims the orderer has from product liability. Furthermore, the limitations of liability shall not apply in case of damage to body and health due to our fault or due to loss of the orderer's life.
§ 9 Data Privacy, Verification of Creditworthiness
The data required for the business relationship shall be stored. Any personal data shall be treated confidentially. Customer data shall not be sold or rented by us to any third parties. For the purpose of credit card verification and verification of creditworthiness, we may perform data exchange with other credit service providers, such as the Schufa.
§ 10 Miscellaneous
1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on the International Sale of Goods shall not be applied. Jurisdiction and place of performance shall be Nürtingen.
2. Where we enable access to other websites via links, we shall not be responsible for the external contents contained there. We do not make such external contents our own. If we gain knowledge of any illegal content on external websites we shall lock access to such sites without delay.
3. If individual provisions of the contract with the orderer, including these general terms and conditions, are or become invalid wholly or in part, this shall not affect validity of the remaining provisions.