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Standard form contract

About the sending of goods in E-commerce.

1. General aspects

1. For all contracts, supplies and other services from the basic-help Gmbh & Co Kg which take place within the electronic ordering service, the following conditions apply within the standard form contract applicable at the time of ordering.


2. In sending in an order, the customer recognises the standard form contract as legal. Other conditions are only recognised  when the sales organisation provides details in writing.


3. The language in this contract is German, but should discrepancies arise  between translated versions and the original German language, then the original German text is the authoritative version.


4. German law applies to this standard form contract and the entire relationship between the seller and the customer with the exclusion of UN sales law (CISG).


5. The customer is the party who agrees to the contract and does not include his or her business or self-employed activities.


6. When the customer is a legal representative for a public institution or other public body, then the following conditions apply...


7. The geographical location of the seller of the goods is the place for any legal demands arising from contracts.
   Court proceedings take place where the sales firm is located.
   
   Should in individual cases, special written conditions be agreed (individual aspects, supplementary details and changes) then these have priority over the standard form contract.

1. Sales contracts become effectively legal when written agreement is completed or when the customer has accepted the goods. A simple e-mail message without a signature suffices.


2. Once a contract has been confirmed, the seller provides the customer with copy of the contract as well as this standard form contract.

1. The wares which are marked as immediately available are sent off within a period of five working days after advance payment (via Paypal ) or in the case of C.O.D payment, five days after ordering. Should goods be ordered despite a warning that these goods are not immediately available, then these will be sent off within five days of delivery to the seller. Should more delays occur, then the customer must be informed as soon as possible.


2. Basic-help GmbH &Co KG would like to point out that public holidays are not generally the same all over the Federal Republic of Germany. They differ from state to state. The above rules on supplying apply to legal holidays in Germany on those days when a service company can take part in winding up an order.


3. Should a certain article or replacement article no longer be available, then the seller of the goods is allowed to withdraw from the contract. The seller then must inform the purchaser and refund what has been paid in advance.


4. The Basic-help GmbH & Co KG is allowed to fulfil orders in part up to an acceptable limit.


5. The supply of an order from storage facilities occurs and is sent to the address supplied by the purchaser.


6. Should a customer refuse to accept a delivery or fail to collect it, then basic-help GmbH & Co KG is able to set a compensation price totalling 10 Euros.


7. As soon as the goods have been accepted by the customer, the dangers of loss or damage become the responsibility of the customer. Should the buyer have a company, be a legal representative for a public services or a public body, then the responsibility for loss during delivery or damage, as well as the risk of delays is transferred when the goods are given to the logistics firm or anyone else concerned with delivery.

4. Cancellation of contracts for e-commerce transactions with consumers according to paragraph 312 of the German Law Book.

Cancellation rights

You have the right to cancel the agreement in writing within 14 days without being obliged to present any reasons (i.e. by letter, Fax or e-mail.) when the transaction is completed and the goods are returned before the limited time limit.  The time limit comes into force when the details have been received  by the purchaser in written form and not when the goods have arrived. (In the case of e-commerce transactions with partial delivery of goods, not before the first part of the delivery has been completed. And also not before our information requirement according to Article 246 paragraph 2 in connection with paragraph 1 and 2 of the EU German Law Book as will as the duties according to Paragraph 312e part 1 of the German Law Book in connection with Article 246 Paragraph 3 of the EU German Law Book. Cancellation rights require only timely sending of the cancellation or the goods. The cancellation should be sent to...

Basic-help GmbH & Co KG.
Rolandstrasse 17,
D-44145 Dortmund

The results of cancellation

In the case of  an effective cancellations, both parties should return either the goods or payments in full and if applicable interest. You are not allowed to return the goods in part or in bad condition otherwise you must pay the loss of value. This does not apply when handing over  the unacceptable goods and the problem could have been seen when purchasing in a normal shop. Goods that can be sent back as a package are done at the seller’s risk. The purchaser has to bear the cost of returning the goods when the goods delivered meet the standards of the original offer and when the costs of return postage do not exceed the sum of 40 Euros or when you in the case of a higher price had not carried out the partial payment agreed.  Apart from this, the return postage is free of charge for you. Those goods which cannot be transported by mail or packet services, will be collected from you. The return of the price paid must be carried out within 30 days. The legal period of time starts with the customer sending a cancellation notification or the goods have been delivered to us.

5. Postage and packing

Postage and packing charges for destinations within the Federal Republic of Germany do not include any additional costs. Deliveries to countries outside Germany, but within the European Union, must be agreed on before hand.
Should a package be sent C.O.D. then we levy an extra fee of 5 Euros.

All prices set out in the internet offers by the seller of the goods are “final prices” quoted in Euro and include the legally required Value added tax or VAT.
 

7. Ownership

1. All goods supplied by us remain our property until complete payment has been carried out. Delivery to companies, legal representatives of public institutions or bodies sees the goods remain our property until all agreements have been successfully completed.


2. The ability to  sell, give away etc, etc when the ownership details are sub judice is not allowed. Customers are required to handle the goods in question with care during the ownership clarification period.


3. Should a customer have carried out an illegal action with the item in question, then the purchase price required by the seller replaces the item itself. The customer then relinquishes all rights or demands in favour of the seller of the goods. The purchaser is not allowed to benefit from these demands. Transferring ownership to a third person – ie a credit institute – is not allowed and contravenes the contract. The seller of the goods is thus allowed to check the sales documents of the purchaser and to further inform the later purchaser.


4. Should the goods be pawned or handed over as a pledge, the seller of the goods should be immediately informed with copies of the documents in question, The seller must then inform the people in question that he or she is the supplier of the goods in question and the ownership rights are still being clarified.


5. Securing the rights of the seller of the goods does not free the purchaser from his or her commitments. The value of the goods at the time of being sent back to the seller are included in the demands being made by the supplier.

1. Payment is made by the customer either by PayPal or C.O.D.


2. Payment becomes immediately due when the order has been accepted by basic-help GmbH & Co. KG. The company requirement to supply the goods in question begins when payment has been made in full.


3. Customers living outside the Federal Republic of Germany can only be supplied when payment has been made in advance.


4. The goods are reserved for the customer for a total of 10 working days. Should payment not be made within this period, then the customer receives a payment reminder. Following this, basic-help GmbH & Co. KG is thus allowed to sell the goods elsewhere. The customer has no right to ask for the supply of the goods at a later date.


5. The pictures of the goods on offer may differ from the appearance of the goods themselves, especially where colour, size and brilliance are concerned. This is not seen as a fault and presents no cause for complaint. The goods supplied are seen as conforming to the terms of the contract, when they have been photographed.


6. Should the goods prove to be faulty on arrival, then the customer can claim compensation. Goods that later are shown to be faulty after a customer had put them into use and damage has occurred due to wear and tear or a lack of proper care, do not meet the faulty requirement. In the case of replacement, the customer is required to return the goods to basic-help GmbH & Co.KG.


7. Within the framework of faulty goods supplied to a customer, the purchaser can demand a replacement. The customer can chose between  the original item being put in order or a replacement delivery. basic-help GmbH & Co.KG has the right to refuse the replacement item when it is combined with unreasonable costs and the other type of replacement does not present unreasonable disadvantages for the purchaser. Should the replacement answer fail to materialise, the customer can request a reduction in price, the cancellation of the sale’s contract and damages. The purchaser can not demand the cancellation of the contract for goods with minor damage, Should the customer demand damages, then the limitations on liability containing in this standard form contract apply.


8. The rights of the customer where faulty items are concerned are not allowed when the purchaser is aware of faults before  making the contract. Should a customer not be aware of a fault, the purchaser can only claim compensation when basic-help GmbH & Co.KG had attempted to hide the fault on purpose.

1. In the case of minor contractual infringements of a contract, which actually do not hinder a contract being carried out then basic-helpGmbH & Co.KG and its legal representatives are not liable.  Actually, the liability of basic-helpGmbH &Co.KG and its legal representatives in the case of minor infringements is also limited.


2. The liability restrictions mentioned above do not apply to customer claims under product liability or guarantee.


3. Further more, liability on the part of basic-help GmbH & Co.KG does not apply to bodily injury and health problems or the customer’s loss of life.


4. Basic-help GmbH & Co. KG is responsible for the contents on the company web site and the on-line shop. But we are not responsible for links to other web sites. Basic-help GmbH & Co. KG declines responsibility for what is contained there-in. Should our company gain the knowledge about illegal contents on other web sites, then we shall block access.


5. Basic-help GmbH & Co. KG refuses to accept liability when goods infringe on foreign patent rights or other sundry foreign third party rights.

The customer is required to immediately check for possible damage to packages and damage to the goods themselves on arrival.  Obvious transport damage requires the customer to inform basic-help GmbH & Co. KG within a 3-day period as well as an immediate refusal to accept delivery.

12. Data protection

1. The data generated by orders are recorded under the relevant data protection laws and are considered secret. You can find more details about this in our Data Protection declaration in our on-line offers.


2. The seller still reserves the right to use data to check credit worthiness. The purchaser can revoke this at any time.


3. Any use of personal data for marketing purposes requires      the agreement on the part of the customer. The customer is able to give this agreement before the order is carried out. The customer is also allowed to withdraw agreement for the future.

14. Seller’s details and official address

basic-help GmbH & Co. KG
Rolandstrasse 17 D-44145 Dortmund.
Limited company
AG Dortmund HRA 14358
Personally-responsible partners
Basic-Help Verwaltungs GmbH
Directors: Erika Funk & Harald Plebuch
AG Dortmund HRB 15604
VAT number – DE 226834719

Telephone +49 (0)231 8305 10
Fax            +49 (0)231 8331 98
Internet: www. Basic-help.de
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