General Terms and Conditions of Business
Online Purchases
-
Agreement
Your order constitutes an offer to enter into a purchase agreement with the provider of www.croixdelorraine.com. When you submit an order, we send you e-mail confirming receipt of your order by our company and spelling out its details (Order Confirmation). The Order Confirmation does not constitute acceptance of your offer; its only purpose is to inform you that your order has arrived. A purchase agreement does not result until we have dispatched the ordered product to you and have confirmed shipment to you in a second e-mail message (Shipping Confirmation). No purchase agreement results with respect to products listed in the above-mentioned order but not included in the Shipping Confirmation. We offer no products for purchase by minors. Please note also that all of our products are only sold in household-type quantities. This proviso pertains both to the number of ordered product items in one order and to the filling of several orders for the same product in which each order comprises a household-type quantity.
-
Cancellation Advisory (does not apply to engraved items)
Cancellation Advisory Cancellation Rights You may cancel your contractual declaration within 14 days without stating a reason, by means of a text (e.g. letter, fax, e-mail) or – if the item was received by you before the deadline – by returning the item. The time limit is set by receipt of the said notice as a text, but not before the customer has received the merchandise (in repeat shipments of identical merchandise not before the first partial shipment has arrived) nor before we have met our statutory obligation to inform you in accordance with Article 246 Section 2 in conjunction with Section 1 paragraphs 1 and 2 of EGBGB (= European Community Civil Law Code) as well as our obligations in accordance with Section 312g paragraph 1 sentence 1 BGB (= Civil Law Code) in conjunction with Article 246 Section 3 EGBGB. The cancellation deadline is met when the cancellation notice or the merchandise is sent before its expiration.
The cancellation should be sent to: Werner Bokelberg
Kleiner Kielort 4
20144 Hamburg
Germany
Tel: +49 40 444328
Fax: +49 40 448412
E-mail: bokel@bokelberg.com
Consequences of cancellation If a cancellation takes effect, the mutually received services have to be returned. Possible benefits (e.g. interest) have to be surrendered. If you cannot return or surrender to us the received services and possible benefits obtained (e.g. advantages arising from use of the merchandise) in their entirety, or return or surrender them only in part or in degraded condition, you have to compensate us for lost value to the extent applicable. You need only compensate us for lost value arising from degradation of the merchandise and from benefits received if the benefits or degradation result from usage of the merchandise going beyond testing the properties and functions of the merchandise. “Testing the properties and functions” implies testing and trying the merchandise in question in the manner possible and customary in such places as retail stores. Merchandise that can be shipped in parcels may be returned to us at our risk. You are responsible for paying the normal charges for returning the merchandise, as long as the delivered merchandise is what you ordered, and if the price of the merchandise to be returned does not exceed the amount of 40 Euro, or if, in the case of higher-priced merchandise, you have not yet paid in full or made a contractually stipulated partial payment at the time of cancellation. In all other cases, there is no charge for return of merchandise. Merchandise that cannot be shipped in parcels will be picked up at your address. Payment due must be made within 30 days. The time period begins in your case when you send your message of cancellation or the merchandise, or upon receipt in our case. End of Cancellation Advisory
-
Charges for Returning Cancelled Orders
When cancelling an order as described in 2., above, you are responsible for paying the normal charges for returning the merchandise, as long as the purchase price of the returned merchandise does not exceed the amount of 40 Euro or if, in the case of higher-priced merchandise, you have not yet paid in full or made a contractually stipulated partial payment at the time of cancellation, unless the delivered merchandise was not what you had ordered.
-
Shipping
Should you wish shipment to another country, we will be happy to accommodate you, if at all possible. Shipping will be handled by United Parcel Service Deutschland Inc. & Co. OHG (UPS). The customer is responsible for payment of unsuccessful delivery if it is not possible to deliver the merchandise to the address given by the customer. Reasons might be: The goods to be delivered do not fit through the front door, apartment door or the customer’s stairs; or the customer is not present at the stated destination address when delivery is attempted, even though timely advance arrangements had been made for delivery at a certain time.
-
Liability
5.1. Warranty
Defects are governed by statutory regulations, with the following proviso:
If a replacement has been properly delivered, the customer is responsible for returning the originally received merchandise at our expense within 30 days. Return of the defective merchandise is subject to statutory regulations. We reserve the right to file claims for damages under the statutory conditions.
The customer cannot assign his/her claim under the warranty.
5.2. Limitation on Liability Beyond the Warranty
We provide unlimited liability to the extent that the defect resulted from intent or gross negligence.
We are also liable for slightly negligent infringement of essential obligations, whenever the infringement jeopardizes fulfillment of the agreement, or for infringement of obligations without whose fulfillment the agreement cannot be implemented at all and upon whose implementation you rely with regularity. However, in such cases we are only liable for the reasonably expected damage typical within the scope of the agreement. We are not liable for slightly negligible infringement of obligations other than the kind enumerated in the foregoing sentences.
The foregoing limitations on liability do not apply to endangerment of life, body or health, to a defect following acceptance of a warranty for product integrity and/or in case of fraudulent concealment of defects. Liability under the product liability law remains unaffected by the above.
To the extent that our liability is excluded or limited, this applies equally to personal liability by employees, representatives and vicarious agents.
-
Unavailable Items
Should any article be unavailable, we agree to inform you of its unavailability before accepting your order.
-
Storing the Text of Your Order
We will not store the text of your order in memory, and it cannot be accessed again once the order has been processed. However, you can print out your order information immediately after sending the order.
-
German Law
To the extent that there is a choice of law, German law will apply.
