General Terms of Contract of the Changers Shop
The following Terms of Contract shall apply to any contractual relationships concluded via the Online Shop (https://shop.changers.com), between the
Geschäftsführer: Markus Schulz
Amtsgericht Potsdam HRB 26728 P
Ust-IdNr. DE 282 11 63 39
(hereafter referred to as “the Operator”), and purchasers as well as potential ones (hereafter referred to as “Users” / ”the User”).
I. Scope of application
I.1. Subject of these ToC
The purchase of the Operator's in-house products at the Online-Shop maintained by the latter on the Changers Website shall be subject to the following provisions of the Terms of Sale.
I.2. Personal scope of application
I.2.2. The Customer is a consumer unless the purpose of the ordered supplies and services can be attributed to his commercial or independent professional activity.
II. Contractual parties
II.1. The sales agreement is concluded between the Operator and the User who intends to purchase a respective product of the Operator via the Online Shop of the Changers Website.
II.2. Within the scope of application of these ToC, the Operator will also be referred to as “the vendor” and the User as “the Customer”.
III. Conclusion of contract
III.1. The inclusion of the goods in the Changers shop shall not be a binding offer on the part of the Vendor. It is an invitation to the Customer to extend a binding offer.
III.2. The Customer may choose from the products advertised in the Changers web-shop, and by clicking on “Move to basket” place them in a so-called shopping basket. By clicking on “Proceed to checkout”, you extend a binding offer to purchase the goods located in the shopping basket. Prior to “proceeding to checkout” you are able at any time to view and alter your purchase data.
III.3. The offer can, however, only be submitted and transferred if the Customer, by clicking on “Accept Terms of Contract”, has accepted these contractual terms and conditions and thereby submitted his offer to enter into a contract.
III.4. The Vendor subsequently sends an automatic order confirmation by e-Mail to the Customer, including a copy of the Customer's order. The Customer is able to print this order confirmation using the “Print“ function of his e-Mail program or can use his e-Mail program to save it. The automatic order confirmation thus simply documents the fact that the Customer's order has reached the Vendor. It therefore does not represent an acceptance of the Customer's offer.
III.5. The Contract between the Vendor and the Customer only arises when the Vendor has sent the product to the Customer and confirmed this dispatch with a second e-Mail (shipment confirmation), or otherwise when the product has been delivered to the shipment address you provided.
IV. Cancellation Instructions
IV.1. Right of cancellation
IV.1.1. If the Customer is a consumer, he or she may in writing (e.g. letter, fax and e-mail) cancel their declaration that a contract has been entered into within 14 days without giving reasons or, where the item is surrendered to you before expiry of this deadline, by returning the item.
IV.1.2.The cancellation period commences upon the day when the goods that are subject of the contract have been received by the Customer or a third party who is not the deliverer and has been accredited by the Customer accordingly. In the case if the delivery of multiple goods or separate part-deliveries under the same order, the period shall commence when the last delivery of the respective order has been received.
IV.1.3. To execute your right of cancellation, you shall send a distinct statement, declaring your decision to cancel the contract, to:
IV.1.4. To declare your cancellation you may but do not have to use the cancellation form provided by us. If you choose such means of cancellation, we shall confirm the receipt of your cancellation immediately (e.g. per e-Mail).
IV.1.5.For your cancellation to be effective it shall suffice that your statement of cancellation has been sent away within the cancellation period.
IV.2. Consequences of cancellation
IV.2.1. Where cancellation is effective, we shall return any payments we have received from you, including delivery expenses (with the exception of such costs as occurred from your choice of any other but the the standard delivery method we offer), immediately but at the latest within 14 days from the day we received your cancellation statement. For this refund we shall use the same methods of payment that were used in the initial transaction unless a different method has been explicitly agreed; in no case you shall bear any costs of such repayment.
IV.2.2. You shall return the received contractual goods immediately but at the latest within 14 days since the day we received your cancellation by means of sending them off or delivering them to our address directly. You shall bear the immediate costs of this return.
IV.2.3. Where the Customer is unable either wholly or in part to return the performance received from us you must provide compensation to the relevant extent. This provision shall not apply in the case of the surrender of items where the damage to the item is attributable solely to the testing of the same, as it would be available to you at a shop.
V. Availability of goods
V.1. The Vendor notifies to the Customer that all information on the availability, shipment or delivery of a product are only anticipated assumptions or approximate values. They do not extend to binding or guaranteed dates of dispatch or delivery, unless they have been explicitly stated as such in the product's delivery options.
V.2. If at the time of the Customer's order there are no available samples of the products he has selected then the Vendor shall immediately notify the Customer of the same in the order confirmation. If the product is not deliverable in the long term the Vendor shall refrain from providing an acceptance declaration. In that case no contract is entered into.
V.3. Similarly, where the product indicated in the order is only temporarily unavailable the Vendor shall immediately notify the Customer of the same in the order confirmation. In case of a delivery delay of over two weeks the Customer has the right to cancel the Contract. In such case the Vendor is also entitled to release itself from the Contract. At the same time the Vendor shall refund any payments already made by the Customer without delay.
VI. Prices and payment terms
VI.1.The pricing in the Changers shop shows the final prices and includes all price components including applicable taxes (e.g. VAT).
VI.2. The delivery and postage charges in addition to the price of the goods are listed separately during the order process.
VI.3. Subject to the conditions listed below, the Customer has the option to pay for the goods and delivery either by PayPal or by credit card (VISA, MasterCard and American Express).
VI.4. In addition to the final price and the delivery and postage charges the Customer shall bear the fees charged by the transport company used by the Vendor where these are charged on the basis of cash on delivery.
VI.5. No purchase by installment or on trial is possible. This shall be without prejudice to the legal right of cancellation as explained in this article's para. 3.
VI.6. The purchase price shall be due for payment as soon as the Contract is entered into (s.a. Art. II para. 2.5). Where the due date for payment is determined with reference to the calendar the Customer shall be in arrears immediately upon missing the deadline. In such case he shall pay the Vendor late payment interest of 5 percentage points above the base rate.
VI.7. The Customer's obligation to pay late payment interest shall not exclude further claims by the Vendor for damages as a result of late payment.
VII. Delivery, transfer of risk, retention of title
VII.1. Goods are delivered via the shipping route to the delivery address provided by the Customer.
VII.2. The Vendor shall carry out shipment of the goods purchased as a rule within 24 hours but no later than within five working days after the receipt of payment.
VII.3. Where the Customer pays by credit card, payment shall be considered received on the day the order was filed unless special notice has been given of earlier payment (“per-order“).
VII.4. The delivery of the goods occurs at the Vendor's risk. The risk of accidental loss and of accidental damage to the goods passes upon transfer of the goods to the Customer; the same shall apply in the case of sale by dispatch.
VII.5. The goods remain the property of the Vendor until payment in full of the purchase price.
VIII. Warranty and return
VIII.1. For all defects in the purchase item arising during the statutory warranty period the statutory claims for supplementary performance, removal of defects/redelivery as well as, where the statutory preconditions are met, further claims for price reduction or rescission and, additionally, for damages, including compensation for loss in place of performance and compensation for the Customer's wasted expenditure, shall apply in accordance with the following provisions.
VIII.2. Where supplementary performance is conducted by means of replacement delivery, the Customer shall be obliged to return the goods priory delivered to the Operator within 30 days at the Operator's costs. The return of the defect goods shall be subject to the respective legal provisions. The Vendor reserves himself the right to claim damages where such claim arises under the applicable law.
VIII.3. An additional guarantee exists in the case of goods delivered by the Vendor only if expressly provided in the order confirmation for the relevant article.
VIII.4. Used batteries can be returned to the Vendor. Customers in Germany are legally required to return used batteries. The crossed out trash bin symbol on a battery indicates that batteries must not be thrown away with household garbage.
IX.1. The vendor shall be fully liable for any damages that arise from a fraudulent, deliberate or grossly negligent breach of obligation by the Vendor, its legal representatives or agents.
IX.2. Furthermore, the Vendor shall be liable for any breach of material contractual obligations which are to be met to achieve the contractual purpose at all or to ensure an orderly performance of the contract and which are usually trusted by the Customer to be observed. In case of a breach of material contractual obligations the Vendor shall be liable only for foreseeable damages typical of such a contract.
IX.3. The aforementioned limitations to the Vendor's liability shall not apply to claims for loss of life, personal injury, harm to health or any defect being subject to an explicit guarantee of the Vendor as well as in the case of any fraudulent misrepresentation. This is without prejudice to the provisions of the Product Liability Act.
XI.4. Where the Vendor's liability has been limited or excluded, the same shall apply for the benefit of the legal representatives and agents of the Vendor if claims are made directly against them.
X. Data protection
X.2. Questions relating to the gathering, processing or use of personal data, to information, corrections, blocking or deletion of data as well as to the withdrawal of consents given may be addressed to firstname.lastname@example.org.
XI. Final Provisions
XI.1. The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods is excluded. This is without prejudice to the application of mandatory norms of the country in which, at the time the agreement was entered into, the User had his usual place of residence.
XI.2. Where one or more provisions of these General Terms of Contract are or become invalid or impracticable, this shall not affect the validity of its other provisions.
These Terms of Contract were last updated on March 10, 2015.