General Terms and Conditions as of 01/03/2012

§ 1 Scope, Customer Information

1.1 The General Terms and Conditions govern the contractual relationship between Eisenmenger and Timpe GbR vondingen / and the consumers and entrepreneurs. Consumer means any natural person who enters into a transaction for a purpose that is neither commercial nor its attributed to an independent vocational activity.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships, with whom we do business and who act in a commercial or independent professional activity.
Customer within the meaning of these terms and conditions are both consumers and entrepreneurs.
Be 1.2 Different, conflicting or additional terms and conditions, even if known, do not form part of any contract, unless their validity is expressly agreed to in writing.
Contractual language is German.
Products purchased from our retail partners are subject to the terms and conditions of our partners.
1.3 In the context of an ongoing business relationship between merchants, the Terms will also be part of the contract even if the seller has in a particular case not specifically mentioned their validity.

§ 2 Conclusion of contract

2.1 All offers and prices indicated in catalogs and sales literature of the seller as well as published in the Internet always remain subject to change unless expressly marked as binding. This means they are only to be understood as an invitation to make a purchase proposal.
2.2 After entering the customer data (mandatory fields) and clicking the order button, the customer makes a binding proposal to conclude a sales contract. A binding order can also be made by telephone.
2.3. With the order confirmation sent by us via e-mail and accepting the proposal the purchase agreement becomes fully valid. In the case of a telephone order, the purchase agreement equally becomes fully valid through our written order confirmation sent via e-mail.
2.4. Fulfillment of the final contract is subject to the proper and timely delivery by our suppliers. This only applies to the case, the non-delivery is not attributable to us, especially in case of congruent delivery orders with our supplier.
The customer is immediately informed about any delay in delivery or the unavailability of goods and if applicable the purchase price promptly returned.

§ 3 Prices

3.1 All prices are fixed prices and include the VAT rates for the Federal Republic of Germany, valid at the time of order.
3.2 In case of mail order purchases, the price is excluding shipping costs which have to be individually be agreed upon.
3.3 For deliveries within the European Union, we charge the German VAT unless the customer provides at the moment of purchase a valid tax identification number (VAT No.) from another EU-member state.

§ 4 Payment

4.1 The agreed purchase price is due for payment at the latest upon receipt of goods. At the latest 14 days after receipt of the goods the customer will be in arrears.
4.2 During the period of arrears the consumer will pay interest on the debt at the rate of 5 % above the base rate.
During the period of arrears the business customer will pay interest on the debt at the rate of 8 % above the base rate.
We expressly reserve the right to demonstrate a higher loss and claim higher compensation.
4.3 The customer is entitled to a set-off if his counterclaims have been established by court of law or recognized by vondingen.
4.4 The customer can only exercise a set-off right if his counterclaim is based on the same contract.

§ 5 Retention of title

We reserve title to any delivered goods until the purchase price has been paid in full.

§ 6 Withdrawal information

The right of withdrawal is available only to consumers within the meaning of § 13 BGB.
The right does not apply to goods that do not form part of our own catalogue, but were ordered to the customer's request. Furthermore, made-to-measure, special sizes and otherwise specifically upon request manufactured goods remain excluded from the customer's right of withdrawal.

The customer may withdraw from his statement of intent to conclude a contract without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins earliest with receipt of this notification in writing, but not before arrival of the goods to the recipient and not before fulfilling our information requirements. The sending date of the revocation or the goods is relevant for the withdrawal period. The revocation must be sent to:
Eisenmenger und Timpe GbR / vondingen
Lehrter Str. 37
DE-10557 Berlin
Fax 0049 (0)30 48623757

§ 7 Consequences of withdrawal

In the event of a valid withdrawal any services received or benefits obtained must be returned. Is the customer not able to return the received services or did not return the goods or only in deteriorated condition, he must compensate for the value/loss. In case of received goods this does not apply if the deterioration is solely related to the testing of goods.
The customer is obliged to return the goods, if these can be sent by parcel post. The customer bears the costs for return of orders up to 40.00 € order value. The customer also bears the costs of return of higher priced goods if at the time of withdrawal the full payment or a contractual agreed partial payment has not been concluded. Otherwise, the return is free of charge for the customer.
The customer must meet obligations to reimburse payments within 30 days after dispatch of the withdrawal.
The right of withdrawal expires six months after the conclusion of the contract. In case of delivery of goods, the period starts at the date of receipt by the recipient.
The customer's purchase proposal is considered rejected, if the customer has not received an order confirmation within seven days or delivery takes place within 14 days.
End of withdrawal information

Please note that a free of charge return of the goods is only possible under the following conditions: The goods must be returned in the original packaging of delivery and packed in an unbreakable manner.
After proper receipt of the goods we will refund the purchase price immediately by crediting the account or by transfer to a bank account within the EU specified by the customer.

§ 8 Data Storage and Use of Data

The buyer is notified that the seller processes any personal data obtained as part of the business relationship in accordance with the provisions of the German Federal Data Protection Act.
There is no disclosure to third parties, except to our partners in the course of order processing.
The customer data will be processed by us in accordance with relevant regulations of the Federal Privacy Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
The customer always has a right to free information, correction, blocking and deletion of his/her stored data.

§ 9 Delivery

9.1 With the provision of goods by the seller at the agreed place of delivery, the risk passes to the buyer.
9.2 The delivery period is extended - even within a delay - in the event of force majeure and all unforeseen obstacles occurring after the conclusion of contract, and which are not the responsibility of the vendor (in particular, operational disruptions, strike, lockout or interruption of traffic) to the extent such impediments are of considerable influence on the delivery of the goods. This also applies if these circumstances occur at the seller's suppliers and their subcontractors.
9.3 Deliveries can not be made to PO boxes and packing stations except expressly agreed.
Delivery is done to the addressee specified in the order form via personal delivery and against the recipient's signature. The customer agrees that the handover may also take place to a different person if circumstances indicate the person is entitled to accept the shipment. This includes in particular members and staff met on the premises of the addressee (receiver) and the recipient's immediate neighbors. In case of a neighborhood delivery the recipient receives a notification card.
If delivery is not possible in the manner described, at most two additional attempts of delivery will be performed in case of national delivery, in case of international delivery one more attempt is performed. Then the item will be considered undeliverable.

§ 10 Warranty / Guarantee

10.1 Our warranty is based on the public legal regulations.
If the delivered items show obvious damage, these errors are to be acknowledged immediately by the staff of the parcel service delivering the product.
10.2 The buyer must inspect the goods immediately upon receipt on quantity and quality. Obvious defects must be reported within 14 days by written notice to the seller.
Should the buyer detect any defects to the goods, he shall not dispose of them, ie they may not be shared, resold or further processed until an agreement is reached on the settlement of the claim.
In case of justified complaints, the seller is entitled to determine, taking into account the nature of the defect and the legitimate interests of the buyer, the type of action (replacement, repair).
10.3 For entrepreneurs, the warranty period is one year from date of delivery. For consumers, the warranty period is two years from delivery of goods. For used items, e.g. exhibits, the warranty period is one year from date of delivery. This does not apply if the customer has not reported the defect in time.
10.4 For compensation claims applies Section 11 (General Limitation of Liability)

§ 11 General Limitation of Liability

Damages and compensation claims by the purchaser (hereinafter: claims for compensation), for whatever legal reason, including infringement of duties relating to a contract or tort, shall be excluded.
This does not apply if liability is mandatory, eg under the Product Liability Act, in cases of gross negligence, injury of life, limb or health or the breach of contract. The claim for damages for the violation of essential contractual obligations is limited to typical, foreseeable damage as long as no misconduct has occurred or a liability for injury to life, limb or health has occurred. A change in the burden of proof to the detriment of the buyer is not involved.

§ 12 Miscellaneous

12.1 We reserve the right to slight deviations from the specified catalog images and information.
The data provided by us, such as processing instructions, manuals and other information are produced with great care. However, we can not accept any liability for the completeness, accuracy or timeliness of such information.
Model changes are possible and do not require preliminary notice.
12.2 Place of jurisdiction: for all disputes arising under the contract, if the purchaser is a businessman, a legal entity under public law or public law special fund, the jurisdiction shall be Berlin.
12.3 If any provision of the contract with the customer including these general terms and conditions become invalid in whole or in part, the remaining provisions shall not be affected. The fully or partially invalid provision shall be replaced by a provision reflecting as close as possible the business purpose of the invalid provision.

Version: March 2012
Vondingen / Eisenmenger und Timpe GbR
USt-IdNr DE 28200 3278