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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