TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

General Terms and Conditions of Business (GTB)

Version: 06/2013

General terms and conditions and consumer’s formations within the scope of sales contracts, about the web shop between Isle of Blue UG(haftungsbeschränkt), in the following „Supplier“ – and the customer – in the following „Customer“ – are concluded.

§1 Area of application and general tips

(1) Provisory individual arrangements and arrangements which have precedence before these general terms and conditions exclusively the following general terms and conditions count to the business relation between the supplier and the customer in her version valid at the time of the order. Conflicting terms of business of the customer expressly find no application, unless, the supplier agrees to her validity expressly in writing.

(2) The customer is a consumer, as far as the purpose of the ordered deliveries and performances cannot be added of his commercial or independent professional activity. Against it entrepreneur is every natural or legal person or partnership capable of right which acts by the conclusion of the contract in exercise of her commercial or independent professional activity.

§2 Conclusion of the contract

(1) All supplies in the web shop of the supplier image merely one non-binding invitation to the customer to present to the supplier a corresponding bid. As soon as the supplier has received the order of the customer, the customer receives at first a confirmation about him of his order with the supplier, as a rule by e-mail (order confirmation). This does not image yet the acceptance of the order. At short notice after entrance of his order the supplier will check this and inform the customer within 5 working days whether he accepts the order (purchase or). No contract comes about if the customer does not receive a purchase or within 5 working days. The order process in the web shop of the supplier functions as follows:

(2) The customer can collect from the range of agency products and select the “Add to Cart” button and in a so-called shopping. “Send order” button and it gives a binding offer to purchase the goods in the basket off. Before submitting the order, the customer can change the data at any time. The application may only be submitted and shall, if the customer “Accept Terms” by clicking on the button our terms and conditions accepted to include in his application.

(3) The suppliers sends to the customer an automatic receipt by e-mail in which the order of the customer is performed again and which can be printed by the customer by using the “print” function. The automatic receipt documents merely that the order of the customer has come with the supplier and images no acceptance of the application. The contract comes about only by the sale of the notice of acceptance/order confirmation by the supplier which is sent with separate e-mail.

§3 Subject matter of the contract, state, delivery, product availability

(1) Subject matter of the contract are within the scope of the order of the customer specified and the order confirmation and/or purchase or to called products and services for the final prices called in our web shop. Mistakes and mistakes there are left, in particular what concerns the product availability.

(2) The state of the ordered products arises from the product descriptions in the web shop. Pictures on the Internet page return the products and in circumstances only inexactly; In particular paints can deviate for technical reasons considerably. Images serve merely as an illustrative material and can deviate from the product. Technical dates, weight, measurements and service description are stated so exactly as possible, however, the usual divergences can show. The qualities described here image no shortages of the products delivered by the supplier.

(3) Were at the time of the order of the customer no copies of the product well-chosen by him availably, so the supplier informs of this in the purchase or the customer. If the product is not permanently available, the supplier of a notice of acceptance refrains. In this case a contract does not come about.

(4) When the from customer ordered product is temporarily not available, the supplier informs it immediately in the order confirmation. By a delivery delay of more than two weeks the customer has the right to withdraw from the contract. In this case, for the rest, the supplier is also entitled to free himself of the contract. On this occasion, he will immediately refund, perhaps, already performed payments of the customer.

§4 Retention of title

Up to entire payment the delivered products remain in the property of the supplier.

§5 Delivery, prices, forwarding expenses

(1) The delivery immediately follows after money income – with method of payment referral or PayPal, otherwise immediately after the sending of the order confirmation.

(2) All prices include the respective valid value added tax.

(3) The corresponding shipping costs will be listed int the order form and are charged to the customer.

(4) The dispatch of the product follows in principle by post. The corresponding shipping costs will be listed int the order form and are charged to the customer.

§6 Compensation and right of retention

(1) The customer may make the payment by bank transfer and by PayPal.

(2) The payment of the purchase price is due immediately with conclusion of the contract. All prices include the respective valid value added tax.

(3) The customer can charge only with such counterclaims which were ascertained judicially, were recognized indisputable or by the supplier in writing. The customer can carry out only a right of retention if to the underlying claim from the same contractual relationship are due.

§7 Guarantee

(1) The supplier Civil Code sticks for material defects according to the legal regulations counting for this, in particular §§434 and the following.

(2) A guarantee exists with products delivered by the supplier only if this was expressly handed in in the purchase or to the respective article.

§8 Liability

(1) Claims of the customer on damages are excluded. From this claims for compensation of the customer from the injury of the life, the body, the health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for the other damages which are based on an intentional or roughly negligent duty injury of the supplier, his statutory agents or fulfilment assistant are excluded.

(2) Contractual obligations essential by the injury for the purposes of the sales 1 the supplier sticks only on the predictable damage typical for contract if this was caused simply negligently, unless, it concerns claims for compensation of the customer from an injury of the life, the body or the health.

(3) Essential contractual obligations for the purposes of the sales 1 are the liability for the injury of duties whose fulfilment generally only allows the proper realization of the contract and may trust in their observance the customer regularly.

(4) The restrictions the paragraph 1 and 2 also count in favour of the statutory agents and fulfilment assistant of the supplier if claims are asserted directly against this.

(5) The regulations of the product liability law remain untouched.

§9 Right of return for contracts with end-users

(1) If the customer is a consumer and has a contract with the supplier, concluded by exclusive use of long-distancecommunication-media, i.e telephone, email or fax, or a contract that was concluded via the Internet site of the supplier, he shall have the following described right of cancellation.

(2) The customer has to take the costs of the sending back if the goods correspond to the ordered ones and the value of the order doesn’t exceed the amount of 40 Euro or in case of a higher order vale agh the time of cancellation he has not yet performed his consideration or a contracted partial payment.

Customers who are end-users have a right to return goods as described below. The following exceptions invalidate the right of return:

• if the customer has acquired the products purchased from the supplier for the purpose of commercial or self-employed activity (in which case you are not classed as an end-user), • If the products were manufactured individually for you, to your own specifications, or unequivocally tailored to your personal requirements (one-off products), • If the products are perishable, and if their stated shelf-life was exceeded, • If the products are sealed data media containing audio and video recordings or software, and if the data medium was opened by you,

• If the products are newspapers, magazines or other illustrated publications.

They know your contract assertion within 1 month without giving reasons in text form (e.g. Letter, fax, email) or – one leaves if to you the thing before expiration – by return of the thing recall. The period does not begin 1 record 1 BGB in connection with article 246 on the day after receipt of this instruction in text form, however before input of the commodity with the recipient (in the case of the recurring supply of homogenous goods not before the input of the first partial delivery) and also not before fulfillment of our duties to supply information in accordance with article 246 § 2 in connection with § 1 exp. 1 and 2 EGBGB as well as our obligations in accordance with § 312e exp. § 3 EGBGB. For keeping the punctual sending off of the revocation or the commodity meets the period of revocation. The revocation is to direct on:

Isle of Blue UG (haftungsbeschränkt) 
Böhmischestr. 43
 12055 Berlin

Cancellation results

In case of an effective revocation on both sides received performances and uses if necessary pulled are to be refunded (e.g. To give change interest). If you cannot refund the received performance to us totally or partly or only in worsened status, you must carry to that extent if necessary indemnification according to value for us out. During the hiring of things this is not valid, if the degradation of the thing exclusive on their check – as she would have been possible you for instance in the Retail shop – to lead back is. In all other respects you can avoid the obligation to the indemnification according to value for a degradation resulted from the intended putting into use of the thing, by taking the thing not like your property in use and omitting everything, which impairs their value. Things package-capable of being shipped are to be sent back on our danger. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than 40 EURO, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. In the other cases the return would be without costs for you. Things package capable of being shipped are not fetched with you. Obligations for the reimbursement of payments must be fulfilled within 30 days. The period begins for you with the sending off of your notice of withdrawal or the thing, for us with their receipt.

– End the right of revocation –

§10 Tips to the data processing

(1) The supplier collects data from the customers necessary for the execution of the contract. The supplier observes the legal provisions .Without the consent of the customer the supplier will only ask for, use or work with data from the customer as it is needed for fulfilling the contract in a proper manner and to draw up an account for teleservices.

(2) Without the consent of the customer the supplier will not use customer data for commercial purposes, public opinion research or market research.

(3) The customer has the possibility to review, change or delete his data via the “My Account” link in his profile at any time. Regarding the consent of the customer, more information about the collection, use and work with data can be found on the website of the supplier in printable form via the data privacy link.

§11 Final regulations

(1) On contracts between the supplier and the customers the right of the Federal Republic of Germany to the exclusion of the UN option to buy finds application.

(2) Provided that it concerns with the customer a businessman, a legal person of the public right or a public service special legal estate, jurisdiction for all litigations from contractual relationships between the customer and the supplier is the seat of the supplier.

(3) The contract also remains with juridical ineffectiveness of single points in his remaining shares obliging.

Prepared by Rechtsanwalt Metzler – Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Internetrecht

(End of general business conditions)