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| General Terms and Conditions of Trade |
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General Terms and Conditions of Trade
The following General Terms and Conditions of trade (GTC) are applicable to all contracts concluded or made in the online shop Mountain Maps.
I. General
1. The following General Terms and Conditions of Trade (GTC) are applicable to each and every transaction concluded or entered into in our online shop.
2. Any and all additions to, changes to, modifications of, or other deviation from these standard terms and conditions, terms of our contracts or this GTC must be made in writing signed by both parties. This requirement shall not be deemed to apply to agreements made outside the scope of these GTC.
3. To the extent that these GTC govern commercial agreements with business or non-profit entities, they shall be deemed to apply only to the contracting indiviual party in his or her official, business capacity and to the commercial or non-profit entity.
II. Conclusion of Contract
Our offers, as stated in this website or elsewhere, are not binding on either party. By clicking the "Buy Now" button the customer makes a binding offer to buy all products in the shopping basket/cart. We have the right to accept this offer within one week. The acceptance is declared either by our delivery of the goods to the post or other agent or common carrier for delivery or by our confirmation to the offerer of receipt of the order by any means, including but not limited to e-mail. No contract shall be deemed to exist until the moment of acceptance as defined by these GTC or the contract itself.
III. Obligation to Provide Truthful Information
1. The customer is obligated to state truthfully all requested responses in the registration process and in any subsequent data request. Customers must communicate to us within a reasonable period by changing the affected information in our Online-Shop: any change of e.g. name, address, e-mail address, phone or fax number, bank account information, or other data requested in the registration process.
2. To the extent the customer has given untruthful responses during the registration, we are entitled to cancel any order, whether or not a contract has been concluded. Any cancellation of a contract will take place in writing and will either be made or reconfirmed by e-mail.
3. We will send an e-mail to the given e-mail address confirming the order immediately after receiving a customers order.
4. The customer is obligated to inform us by sending an e-mail at once to
info (at) mapsofbalkan.com if the above mentioned e-mail was not received immediately after placing the order.
5. It is the duty of the customer to take care that the given e-mail address is active and the customer can access it.
IV. Delivery to Commercial Customers
To the extent that goods are to be sent to commercial customers, our delivery obligations are deemed completed when the goods are delivered to the forwarding agent or any other delivery agent. After this the customer bears the risk of accidental loss or damage of the goods.
V. Retention of Title
All goods delivered will remain property of our company until full payment is made.
VI. Complaints
Any complaints can be directed to the following address:
VII. Severability Clause
In case one part of this contract shall be or become inoperative under the outlined conditions, the virtue of the contract’s other parts shall not be affected. The part in question shall be replaced by substitute provisions, which are to serve the aspired purpose as much as possible under the inoperative condition.
VIII. Limitation of Liability Applicable to Commercial Customers
Our liability to commercial customers for any and all damages, whether claimed in contract or tort is limited only to instances in which we - meaning our managerial staff and employees and agents under our direct control - are proven to have acted with gross negligence in tort or have directly caused personal injury or death. This limitation does not affect our contractual or warranty obligations or any no-fault liability provided for in the German Civil Codes Products Liability Law (Produkthaftungsgesetz). Any and all liability is, however, - excluding s.1 and 2 - limited to the forseeable, typical damage caused by the claimed defect. We disclaim any and all liability, to the fullest extent legally allowed, for incidental and consequential damages. The burden of judicial proof shall not be changed by the foregoing stipulations.
IX. Data Protection / Privacy Policies
The consumer agrees that we may collect, store and transmit, as necessary to carry our placed orders the personal data needed for performance as well as archive them in electronic form. The customer further agrees that we may collect, work with, and use his personal data. The processing of the data will take place according to the Bundesdatenschutzgesetz (German law on the protection of data at tele services). All data will be kept confidential and will not be shared with third parties.
The customer has the right to withdraw his consent to the use of his or her personal data at any time. This withdrawal will become effective immediately for the time following the withdrawal. In this case we will delete immediately all personal data except as to any order which has not yet been completed.
X. General Provisions
There are no verbal agreements which supplement these terms.
1. Our principal place of business shall be the sole place of jurisdiction and the only proper venue and shall be deemed the place of performance of delivery and payments for purposes of any suit or action. At our sole discretion, we may also file a suit at the principal place of business of the customer.
2. To the extent that a customer has no residence or regular address in Germany our principal place of business shall the sole place of jurisdiction of any suits.
3. The legal relationship between the parties is exclusively governed by German Law. The application of the UN-Purchasing Convention of 11/4/1980 on Contracts for the International Sale of Goods (CISG) is excluded.
4. In case one or more stipulations of this contract are deemed ineffective or become invalid the general validity of the reminder of the contract is not affected thereby. The ineffective stipulation shall be replaced with a stipulation which resembles as closely as legally permitted, the economic intent of the parties as expressed in the provision to be replaced. To the extent that the contract is deemed insufficient or incomplete, such supplemental provisions as may be required to complete the contract and which reflect as closely as legally permissable to the economic intent of the parties as expressed in the four corners of the contract shall be deemed to have been agreed by the parties.
For purposes of interpretation of the contract, the German version of these GTC is the only binding version. The English version is a non-binding translation of the German GTC which can be requested from us.
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