Conditions of Use

 

General Business Terms

 

        1. Achievement of the Contract
 

    1. The contract language is German. The contract is valid once you have received an order confirmation from us via e-mail. With your order you make a binding offer with us to complete the contract. You place the order while filling-in all required data into the order form. Finally you can send the form to us by pushing the order button. At first you receive an order confirmation via e-mail that the order has been received. Only after you have received an order confirmation from us within 2 days, we show you that we have accepted your order and the contract is valid. Only after effectless expiry of term, the offer is rejected and no contract has been achieved. For consumer customers it is as follows: If you choose an electronic means of payment in your order process then the contract is valid at the time you actuate your payment.

    1. When ordering in our online shop the contract is made with
       

Studioexpress Vertriebs GmbH
Manager: Michael Krause
Im Katzenloch 55
75446 Wiernsheim

Telefon: +49 7044-908753
Telefax: +49 7044-908754
e-mail: vertrieb@studioexpress.de

SalesTax Identification Number according to § 27a UStG: DE262972520

 


  1. Right of Cancellation for Consumers

A consumer is a natural person who makes a legal transaction which cannot be classified as either a commercial or self employed activity.

Cancellation Instructions

Right of Cancellation

You have the right to cancel this contract within 14 days without giving any reasons. The cancellation period is 14 days and begins with the day where you or a third party designated by you, but not the shipping company, have taken the last delivered goods into possession. In order to use your right of cancellation you have to inform

Studioexpress Vertriebs GmbH
Im Katzenloch 55
7544 Wiernsheim
Telefon:07044-908753
Telefax:07044-908754
e-mail: vertrieb@studioexpress.de

via a clearly formulated explanation (i.e. letter sent by post office, a telefax or an e-mail) regarding your decision to cancel this contract. You can use the attached Sample-Right of Cancellation Form, however, you are not obliged to do so. You can also give an explicit explanation using our Website <-RMA_LINK->. If you use this possibility, then we will e-mail you immediately a confirmation of your cancellation. To ensure your right of cancellation, please make sure that you send your right of cancellation prior to the time limit of 14 days.

Consequences as a Result of the Right of Cancellation

If you cancel this contract, then all payments which we have received from you including freight charges ,with the exception of additional freight costs incurred due to customer whishes, (reimbursement only for a standard delivery offered by us) have to be paid back to you immediately and at the latest after 14 days, starting with the day we have received your Right of Cancellation in our location. For the payment return we use the same method of payment which you used in your original transaction unless another agreement was agreed upon. In no case, will you be charged with any additional fees. We may refuse the return payment until we have received the goods again or you have sent proof that the articles have been returned, whichever is first. You must return the goods immediately, in any case within 14 days after you have notified us of your Right of Cancellation. The time limit is granted if you return the goods before the time limit of 14 days runs out.

You bear the Costs for the Return of the Goods

You only have to pay for a possible loss of value of the goods if this loss of value is a result of improper handling but only after a thorough investigation of the acceptance of the goods, features and functionality has taken place.
 



Reasons for Inexistence and early Expiration of the Right of Cancellation:

The Right of Cancellation does not exist as follows:

  • Delivery of goods which have not been manufactured already and which require an individual choice or appropriation through the consumer and which are without a doubt customized to the needs of the consumer.
  • Delivery of goods which can spoil easily and the expiration date is exceeded.
  • Delivery of newspapers, magazines and pictorials with the exception of subscription agreements.
  • Delivery of alcoholic beverages where the price was agreed upon at the time of the contract but the alcoholic beverages can be delivered at the earliest 30 days after the contract was signed and the actual value is subject to market fluctuations and the seller has no influence to these fluctuations.

The Right of Cancellation expires at an earlier time:

  • Delivery of sealed goods, which are not suitable for return due to health safety reasons or hygiene and the seal has been removed after the delivery.
  • Delivery of goods which have been mixed with other goods after their delivery and due to their consistency cannot be separated anymore.
  • Delivery of audio- and video material or computer software in a sealed package and the sealed packaging has been removed after the delivery.

 


Right of Cancellation Form

If you want to cancel this contract, then please fill out this form and return it to:

Studioexpress Vertriebs GmbH
Im Katzenloch 55
75446 Wiernsheim
Telefax: 07044-908754
e-mail: vertrieb@studioexpress.de
 

Herewith I/we (*) cancel the purchase contract of the following goods (*)/the performance of services (*)

ordered on (*)/ received on (*)

name of the consumer (s)

address of the consumer (s)

signature of the consumer (s) (only when paper format is used)

date

 

(*) cross out which doesn't apply
 


  1. 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 able to log yourself into your personal customer accout at any time. You have the possibility to view your order with all given data and also print it out. Furthermore you will receive an order confirmation from us sent to the e-mail address indicated in your order. The general contract terms can be read and printed-out at any time at studioexpress.de

 

  1. Reservation of Propriatary Rights

The delivered goods remain our property until fully paid. Without our agreement, pawning, transfer of ownership , processing or alteration are not allowed prior to being your property.

 

  1. Prices and Shipping Costs

    1. All prices are in Euro inclusive sales tax plus shipping costs.

    2. The shipping costs you will find in our file: payment and shipping information

 

  1. Delivery Terms

    1. We only deliver in Germany and into the EU states as well as to Norway, Switzerland and Liechtenstein.

    2. The delivery time is 5 working days unless otherwise stated in the quotation.

    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.

    4. 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.

    5. 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.

    6.  If the service cannot be carried out and is no one's fault, then the consumer will be notified immediately and any contributions already made will be reimbursed.

    7. If a default of acceptance caused by the buyer occurs or the delivery is delayed due to any other reasons which are solely the buyer's fault, then the seller has the right to ask for reimbursement of any possible damage occurred. The danger of a:possible deterioration of the goods goes over to the customer at this time who causes the default of acceptance.

       

  1. Payment Terms
    1. Payments can be done either by payment in advance, immediate transfer, Paypal, credit card or debit banking (only regular customers). We reserve the right to exclude some methods of payment. Payment in advance means that you need to transfer the money prior to shipment. With our order confirmation you will receive the banking information. When paying per Paypal or direct debit banking, your account will be debited after you have received the order confirmation. When paying per invoice, then the invoice amount has to be transferred to our account within10 days.

    2. When the payment is past due then we will add a 5% interest rate over the base interest rate to the purchase price. We reserve the right to charge a higher interest rate if necessary.

    3. The right to offeset your charges against ours can only be accepted if your claim is a judicial decision or we have accepted your claim in writing.

    4. You can only execute your right of retention if the claim is a result of the same contract.
       

  1. Warranty

    The guarantee for new goods is two (2) years) and one (1) year for second-hand goods. The warranty is according to the law.
     

    9. Liability

    1. According to the law, the seller is without restrictions liable for damages to life, the body or health resulting from negligent or deliberate breach of duty. Furthermore the seller is without restrictions liable for any damages and guarantees which are covered by the product liability.

    2. For damages which are not mentioned in above paragraph and which are caused simply by negligence, the seller is liable as long as this negligence is in reference to the contract fulfillment and the customer has a right to insist on adhering to the fullfillment. However, the liability of the seller is limited to the typical contract damages and damages which can be foreseen in connection to the contract.

    3. In case of slight violations of the contract liabilities which are not covered in paragraph 10.1 nor paragraph 10.2 (so called insignificant contract liabilities) the seller is liable to consumers – this is limited to typical contract damages and damages which be be foreseen in connection to the contract.

    4. Further liabilites are exempt.
       

  2. Information regarding alternative Complaint Proceedings

The EU-Commission has generated an internet platform to settlte business disputes (so-called „OS-platform). This OS-platform serves as contact point to settle business disputes resulting from online purchase contracts without going to court. The customer can reach this OS-platform under the following link: http://ec.europa.eu/consumers/odr/. We are not obligated and ready to take part in complaint proceedings at a consumer dispute platform.

      1. Final Definitions

        11.1 The German law is valid excluding the UN-purchasing right.This law is only valid for consumers who are not using this contract for professional or commercial purposes and the protection by the state is no longer given as the state has withdrawn the consumers's general place of residence.

        11.2 If the customer is a company and doesn't have a general court of jurisdiction in Germany or the 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 May 2017

We are a member of the society of safe and reputable internetshop operators e.V. and have submitted ourselves to the checking criterias of the platform which settles business disputes for our customers free of charge.

 

http://www.internetsiegel.net/Pruefungskriterien.pdf

http://www.internetsiegel.net/html/schlichtungsstelle.html

 

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