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Terms of Sales & Delivery
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Terms of Sale and Delivery ChallengerStore / Mahler + Partner GmbH
and Information on Right of Return for Consumers (08-17-2005)
We are selling the goods via mail-order within the Federal Republic of Germany upon payment by credit card, cash on delivery or advance payment, in other countries upon payment by credit card or advance payment.
1. Prices
All prices in the catalogue and in the internet shop are quoted inclusive of statutory VAT. With the updating of the price list, resp. of the prices in the internet shop, all prices quoted previously as well as details as to articles presented therein shall be invalid. The most update version at the time of ordering shall prevail.
2. Conclusion of Contract
The offer of the customer shall be binding for ten days after the mail order has been placed by the customer. Irrespective of standard provisions on the conclusion of contracts, the offer shall be deemed accepted by the ChallengerStore if the ChallengerStore within this term either supplies the goods to the customer or announces delivery thereof to the customer.
3. Right of Withdrawal with Respect to Specific Orders
If goods ordered cannot be supplied because a supplier who has been directly commissioned with the procurement thereof fails to deliver for reasons for which the ChallengerStore cannot be held responsible, the ChallengerStore shall be entitled to withdraw from its obligation to deliver the ordered goods. The customer shall be informed promptly. Payments which may have already been effected shall be reimbursed promptly.
4. Supply
For supply, packaging and insurance within the Federal Republic of Germany, we charge a prorate flat rate fee per order in accordance with the list set out below, for partial supplies the flat rate fee will be charged only once.
Belgium: € 8.00
Denmark: € 8.00
Germany: € 7.00
Finland: € 15.50
France: € 10.50
Great Britain: € 10.50
Ireland: € 15.50
Italy: € 10.50
Luxembourg: € 8.00
The Netherlands: € 8.00
Norway: € 15.50
Austria: € 8.00
Poland: € 17.00
Portugal: € 15.50
Spain: € 15.50
Sweden: € 15.50
Switzerland: € 8.00
Czech Republic: € 17.00
Hungary: € 17.00
With respect to the supply of goods offered by other countries as well as to express shipments the actual costs for the postal dispatch will be charged. Up to a an order value not exceeding 25.00 EURO a service charge of 3.00 EURO will be charged. Information provided as to the term of delivery will be complied with as far as possible. However, such information only represents a rough estimate; terms of delivery may therefore by exceeded by ChallengerStore by up to one month.
5. Defects
Apparent, easily detectable defects of individual supplies (such as missing articles and articles that have been supplied falsely or in a damaged state) shall be indicated to ChallengerStore within two weeks after receipt of consignment. For the observance of the time-limit, the timely dispatch of such notice by the customer will suffice. Damages to the transport packaging need to be confirmed upon delivery by the deliverer of the package.
After expiry of the two-week period, the claims of the customer for apparent, easily detectable defects shall be excluded.
For all other defects occurring in the course of the statutory warranty obligation period of the article purchased, the statutory provisions shall apply. The provisions set out above contain in particular no modifications of the statutory provisions on contracts with commercial customers.
6. Copyright
No permission is granted to copy, duplicate, distribute, publish, download, print, post or store any contents of the ChallengerStore website unless this is done in connection with placing an order with ChallengerStore or ChallengerStore has granted written permission.
7. Privacy
Storage and use of customer information is necessary to provide a personalised service, delivery and error-free order processing. Therefore and with reference to information collected in the course of order processing, the customer agrees that ChallengerStore may store, alter and use inventory data as well as data arising from a specific order (e.g. item, price, date of delivery) for the purpose of promotion, conducting market research and tailoring the range of products offered at ChallengerStore to customer demands. The customer may revoke this declaration of consent at any time and with future effect.
8. Place of Delivery and Venue
For contracts with commercial customers Mönchengladbach shall be the place of delivery.
For contracts with commercial customers Mönchengladbach shall be the place of jurisdiction, unless there is an exclusive or common venue.
Your right of return as a consumer (§ 13 German Civil Code (BGB))
1. Right of Return
You may return the goods received without stating any reasons within two weeks by return of shipment thereof. The respective time-limit commences upon receipt of the goods and the present information at the earliest. Only in the event of goods that cannot be dispatched by package (e.g. bulky items) you may announce return thereof by request for return in writing i.e. per letter, fax or email. For the observance of the time-limit the timely dispatch of the goods or the request for return suffices. In any event the return shipment will be carried out at our risk and expense.
The return shipment or the request for return shall be forwarded to:
Mahler + Partner GmbH
ChallengerStore
Tomphecke 40
41169 Mönchengladbach
2. Consequences of Return of Goods
Provided the goods have been validly returned, performances received by both parties under the contract shall be restored and benefits that may have been derived therefrom (e.g. advantages related to the utilization of the goods) shall be made up for. In the event of a deterioration of the goods, compensation may be claimed. This does not apply if the deterioration is to be exclusively attributed to the customer examining the goods - an opportunity you would have had when e.g. purchasing in a retail shop. Furthermore you may circumvent the obligation to compensate us for deteriorations if you do not use the goods like a proprietor thereof, and refrain from doing anything that may lead to a deterioration in its value.
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