Terms and Conditions
Effective from July, 01, 2004
E-CON Consulting GmbH & Co. KG & CALYPSO Schlafsysteme
Bergstraße 20
D-59329 Wadersloh
Telephone: 02523-953341
Fax: 02523-953342
E-Mail: info@econ-wadersloh.de
Value added tax identification no.: DE 170845291
1. Basis of contract
All quotes and deliveries as well as any possible subsequent business with the customer shall be based exclusively on our general terms and conditions. Any other terms and conditions shall not apply, even if we fail to expressly oppose such terms and conditions in any given case.
2. Quotation and conclusion of contract
2.1 On principle, the customer shall be committed to orders placed either in writing, per telephone, Internet or e-mail for one week. In case of Internet auctions or other sales based on the highest bid, contract conclusion automatically occurs with the highest bidder at the end of the auction.
2.2 Unless expressly agreed otherwise, appointed delivery times are non-binding and shall depend on correct and timely supply to ourselves. In case of failure to comply with delivery dates, the customer shall be entitled to withdraw from the contract, provided an appropriate period of grace of at least two weeks is observed before withdrawal. The customer shall not be entitled to any further rights in this context.
2.3 Partial deliveries are valid.
3. Prices and terms of deliveries
3.1 All prices are understood in EURO and subject to statutory Value Added Tax. The VAT may be stated separately on request of the customer.
3.2 Delivery of the merchandise shall be subject to payment in advance by bank transfer. On request of the customer, the goods may also be picked up upon prior arrangement.
3.3 Upon receipt of the order, we shall reserve the merchandise for the customer. In case payment does not occur within one week after conclusion of contract, we shall reserve the right to dispose of the merchandise otherwise.
3.4 Merchandise is usually shipped as insured parcel. In case of heavy weights or volumes we may ship via a freight forwarding or other logistics company. Freight charges depend on weight, size or volume of the merchandise.
3.5 The customer shall ensure that the delivery address provided is correct and complete. In case repeated shipping is necessary due to incomplete or incorrect address details, the customer shall bear any additional costs that may arise.
4. Reservation of property rights
In the event that shipment does not occur on the basis of payment in advance due to other arrangements in a special case, the merchandise delivered remains our property until the purchasing price has been settled in full. As long as transfer of ownership has not occurred, the customer shall not be entitled to dispose of the merchandise. As long as we are still the owners of the merchandise, the customer shall inform us immediately if third parties assert any claims, regardless of the nature of such a claim, on the merchandise.
5. Right of revocation
Consumers according to § 13 BGB have a statutory right of revocation.
5.1 Right of revocation
You may cancel your contract within 14 days without giving any reasons. You may cancel in writing (f.e. letter, fax, e-mail) or, if you received the merchandise prior to expiration of this period, by returning the merchandise. The period starts after receipt of this declaration in writing, but not before receipt of the merchandise at the recipient’s site (in case of repeating deliveries of the same type of goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirement according to article 246 § 2 in association with § 1 clause 1 and 2 EGBGB and also not before fulfillment of our duties according to § 312e clause 1 phrase 1 BGB in association with article 246 § 3 EGBGB. To observe the revocation period, the timely dispatch of the revocation or the product shall be sufficient. Revocation shall be directed to:
E-CON Consulting GmbH & Co. KG - CALYPSO Schlafsysteme
Bergstraße 20
D-59329 Wadersloh
Telephone: +49 (0)2523 953341
Fax: + 49 (0)2523 953342
E-Mail: info@calypso-schlafsysteme.de
Internet: www.calypso-schlafsysteme.de
5.2 Effects of revocation
In case of an effective revocation, both parties shall return services or benefits (f. e. interest rates) received. If you are unable to return the service received, either wholly or partially or in impaired condition, you shall be obliged to provide compensation accordingly. In case of goods surrendered, this does not apply if the relevant impairment of the goods is due exclusively to the simple trial use of the product, which the customer would have reasonably been able to conduct in a store. Furthermore, you may avoid any duty to provide compensation for any impairment of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect its value. Packaged goods shall be returned at our risk. You shall bear the cost of reshipment if the delivered goods correspond to your order and if the price of the returned goods does not exceed an amount of EUR 40.00 or if in case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the time of revocation. Otherwise reshipment is free of charge to you. Non-deliverable goods will be picked up at your address. Obligations to refund payments must be met within 30 days. The period shall commence for you upon dispatch of your statement of revocation or of the goods, for us, upon receipt thereof.
5.3 Special notes
The right of revocation does not apply to contracts pertaining to the delivery of goods either manufactured according to customer specification or clearly produced to fit individual requirements, unless the consumer has submitted his declaration of contract over the telephone.
End of instructions of revocation
6. Warranty
6.1 The statutory warranty conditions and terms as well as the warranty conditions of the applicable manufacturer shall apply.
6.2 We shall provide information regarding function and utilization of the merchandise according to our best knowledge and long standing experience.Nevertheless, this information does not represent any guaranteed characteristics.
6.3 We shall be entitled to grant services arising by virtue of warranty only on condition that the customer returns the faulty goods to us beforehand, thus enabling us to check the claim.
6.4 A copy of the invoice shall suffice as proof of warranty.
6.5 Damages in transit shall be principally acknowledged only if the customer informs us accordingly without delay, if possible within 48 hours after receipt of the merchandise, either in writing or per e-mail. Customers shall be obliged to check the packaging of the goods for possible damages before they acknowledge receipt of the goods with their signature. You should obtain confirmation of any damages of the packaging from the deliverer. If obvious damages in transit are established later on, settlement of the claim through the goods in transit insurance is no longer possible. Liability of the E-CON Consulting GmbH & Co. KG is thus excluded.
7. Liability
Any further liability exceeding the provisions under clause 6 for direct or indirect damages – irrespective of the legal ground – shall not be granted, unless the damage results from intent, gross negligence or the absence of guaranteed characteristics.
8. Miscellaneous
8.1 Arrangements amending or supplementing these conditions in individual cases shall require written confirmation to be valid.
8.2 Otherwise, the statutory provisions shall apply.
8.3 German law shall apply. The provisions of the “United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980” are expressly excluded.
8.4 Place of performance and jurisdiction for all contractual disputes is Münster/Westf., if the customer is "entrepreneur" according to § 14 BGB. In all other cases, the legally stipulated court of jurisdiction shall apply.