1. Right of cancellation
You can cancel your contract in writing within 14 days ( i.e. letter, fax, e-mail) or by returning the goods without giving any reasons. The period begins after receipt of this explanation in writing but not before the goods have been received by the consignee, (in case of recurring deliveries of the same goods, not before the first partial delivery has been received) and also not before fulfillment of our information duties according to Article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as our duties according to § 312e, section 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To exercise your right to return, you just need to send your timely cancellation or goods. The cancellation should be addressed to:
Studioexpress Limited Sales Company GmbH
Managing Director: Michael Krause
In case of an effective cancellation, all received benefits enjoyed from it on both sides such as earned interest have to be returned. Should you not be able to return the goods in good condition or only partially, then we reserve the right to charge you for the decrease in value for the goods if necessary. This is not the case if worsening of the goods has been determined – just like having purchased it in a store. To avoid charges such as decrease in value just do not use the goods like being your property. Goods which can be packaged in a carton are to be returned at our risk. You have to pay for the return shipping costs if the delivered goods are according to the order, the price of the returned goods does not exceed 40,00 Euro or when the price is higher but at the time of the cancellation you had not made the agreed partial payment. In all other cases the return is free-of-charge for you. All non-packaged goods will be picked-up at your address. Payments have to be returned within 30 days. The period begins for you with the date of cancellation notice or with the date of return shipment and for us with receipt of the returned shipment.
End of Cancellation Effect
Please avoid damages and dirt to the goods. If possible, please ship the goods in the original package with all accessories belonging to it, to our address. Should you no longer be in possession of the original package, then please make sure that you use a suitable carton to return the goods to avoid transportation damages.
Please do not ship the goods unfranked but send the package insured and store the certificate of posting safely. If you wish, we can also send you the money or postage for the shipping costs prior to returning the goods, providing it is part of your order.
Please note that the above mentioned modalities are not a prerequisite of the effective execution of the right of cancellation.
2. Costs of Returned Goods
Sould the consumer revoke the order according to number 1 of the AGB, then he will have to carry the costs of return if the delivered goods are according to the order and the value does not exceed the amount of € 40,00 or when the value is higher and the consumer at the time of the revocation has not paid the requested amount or made a partial payment according to the purchase agreement.
3. Achievement of the Contract
3.1 A valid contract is achieved, once you have received an order confirmation via e-mail from our company. When placing your order you make a binding agreement to conclude the contract with us. You place the order when you fill-out the order form completely. Finally when you are finished with filling-out the requested information, you simply press the button "ORDER". At first you receive a confirmation via e-mail that your order has been received. Subsequently an order confirmation will be mailed to you and only then the contract is legal.
3.2 When ordering through our onlineshop, the contract is with:
Studioexpress Limited Sales Company GmbH
Managing Director: Michael Krause
Telefon: +49 7044-908753
Telefax: +49 7044-908754
Registered Office: District Court, Mannheim
Registered Number: HRB 705744
VAT Identification Number according to § 27a UStG: DE262972520
4. Storage of the Contract Text
Your order as well as your personal ordering information which you fill-out in our onlineshop prior to your first order, are being stored in your personal customer account. With your login-data which you receive after your first registration, you are now able to log yourself into your personal customer account at anytime. You have the possibility to view your order with all given data and have it printed-out. Furthermore you will receive an order confirmation from us sent to the e-mail address indicated in your order. At anytime you can view and print-out the general contract data under www.studioexpress.de.
5. Reservation of Proprietary Rights
The delivered goods remain our property until fully paid .Without our agreement, pawning, transfer of ownership, processing or alteration is not allowed prior to being your property.
6. Prices and Shipping Costs
6.1 All prices include the VAT. Shipping costs are not included.
6.2 The shipping costs are listed in our file Payment and Delivery Terms.
7. Delivery Terms
7.1 We only deliver in Germany and the European Community. We do not ship to Liechtenstein, Norway and Switzerland.
7.2 The delivery time is 5 working days unless otherwise stated in the quotation.
7.3 Should not all ordered goods be in stock, then we have the right to make partial shipments at our costs providing it is reasonable for you.
7.4 If we are not able to deliver the goods after having tried 3 times, then we have the right to cancel the contract. We will reimburse you immediately for any payments already made.
7.5 When you are a company then the coincidental destruction or coincidental deterioration of the sold goods goes over to the company or to an authorized person when handing over the goods or to an authorized transport person.
7.6 When you are a consumer, then the coincidental destruction or coincidental deterioration of the sold goods goes over to the consumer when handing over the goods or when the goods are handed over to an authorized person.
7.7 If the obligation cannot be fulfilled through no fault of the company, then the consumer will be informed immediately about it and any service in return will be reimbursed.
8. Payment Terms
8.1 Payments can be made either by payment in advance, cash on delivery (C.O.D.), PayPal, invoice or direct debit banking (applies only to regular customers). We reserve the right to exclude any of the payment possibilities at any time. Payment in advance means that you need to transfer the money prior to shipment. With our order confirmation you will receive the banking information. The amount of the invoice has to be paid within 10 days to our account. When paying per PayPal or direct debit banking, your account will be debited after you are in receipt of the order confirmation. Our invoices are payable within 10 days after receipt, to our account.
8.2 Once the payment is past due, we charge 5% over the base interest for the purchase price. We furthermore reserve the right to prove and enforce a higher loss due to the delayed payment.
8.3 The right to offset your charges against ours can only be accepted if your claim is a judicial decision or undisputed or we have accepted your claim in writing.
8.4 You can only execute your right of retention if the claim is part of the same contract.
9. Warranty and Liability
The warranty for new goods is two (2) years and one (1) year for second-hand goods. The warranty is according to the law.
10.1 According to the law, the seller is without restrictions liable for damages to life, the body or health resulting from negligence or deliberate breach of duty as well as fraud. Furthermore the seller is without restrictions liable for any damages and warranties which are covered by the product liability.
10.2 For such damages which are not mentioned in section 1 and which are caused simply by negligence, the seller is liable if the negligence is in violation of the contract obligations and the fulfilment of the contract is only possible when the obligations are executed and the customer trusts that this happens (so called cardinal obligations).The liability of the seller is limited to the typical contract damages which are foreseeable.
10.3 In case of slight violations of the contract liabilities which are not covered either in section 1 nor in section 2 (so called insignificant contract obligations) the seller is liable to the customer - this is limited to the typical contract damages which are foreseeable.
10.4 A further liability is excluded.
11. Final Definitions
11.1 The German law is valid excluding the UN-purchasing right. Customers who do not use the contract for commercial or professional use, then this legal form is only valid if the granted protection through compelling regulations of the state law where the customer has his usual residence, is withdrawn.
11.2 If the customer is a company and he doesn't have a general court of jurisdication in Germany or his domicile or usual whereabouts at the time of the claim are not known, then the court of jurisdiction of the seller is valid. The seller also has the option to appoint another court of jurisdiction.
Effective: June 2010