European Sales Terms and Conditions for the website www.plusedv.de which is operated by PLUS EDV OHG, a company located in Hamburg, Germany
current state: Jan 19, 2017 15:10am
§ 1 General and Applicability
1.1 www.plusedv.de is a trading platform of PLUS EDV OHG ("seller"). By ordering a product on this platform, you agree to be legally bound by the Terms and Conditions in its current state at the time of purchase.
1.2 No variation or modification of any of these conditions shall be valid or effective save to the extent that the Company expressly agrees in writing. These conditions shall be deemed to be accepted by the Purchaser as overriding any alternative terms and conditions which may be embodied in the Purchasers order.
1.3 These English language Terms and Conditions are applicable to contracts and purchase orders in Europe save for Germany, Austria and Switzerland to which our German language Terms and Conditions apply.
§ 2 Contract
The presentation of products in the online shop does not constitute a legally binding offer, but is a not binding online catalog. By clicking the button "Buy Now" you make a legally binding offer to buy the products in the Shopping Cart. You will receive an immediate confirmation of reception of the order by email. The seller may accept the order by sending an order confirmation by email or by shipping the goods within 5 business days.
§ 3 Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 30 days from the day on which you acquire physical possession of the goods.
Right to Cancel
You have the right to cancel this contract within 30 days without giving reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise the right to cancel, you must inform us
PLUS EDV OHG
Telefon: +49 40 605 33 66 77
Fax: +49 40 605 33 66 89
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, telefax or email). You may use the example model cancellation form below, but it is not obligatory.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than:
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You will have to bear the direct cost of returning the goods.
The Right to Cancel does not comprise following contracts:
Contracts to deliver sound or video recordings or computer software in a sealed packaging, if the seal has been removed.
Model Cancellation Form
To: PLUS EDV
Fax: +49 40 605 33 66 89
I hereby give notice that I cancel my contract of sale of the following goods:
Name of customer:
Address of customer:
Signature of customer (only if sent by paper):
E N D O F C A N C E L L A T I O N R I G H T S
§ 4 Prices and Payments
4.1 Prices are advertised in Euro.
4.2 Shipping Costs are billed separately. We will always inform the buyer of these costs in detail. Further customs duties and tariffs may apply outside ot the EU.
4.3 Prices never include installation, guiding in or other services.
4.4 Supply and shipment of purchased goods are effected after advance bank transfer, Paypal, SOFORT Banking, or cash on pickup. If, as an exception, delivery on invoice was agreed upon, payments have to be made within 14 days. Terms of payment are met if the Seller has the amount at it's disposal within this period. Early payment discounts are not permitted.
4.5 Payments by sending checks or cash are not possible. In particular, the Seller will not be liable for the loss en route.
4.6 A right of retention is excluded insofar as it originates from another contract. Offsetting is ecxluded for claims which are disputed or have not become res judicata. The seller may avert offsetting by providing a security or security guarantee.
§ 5 Delivery and Delivery Periodt
Partial deliveries are allowed, if reasonable for the Buyer. No additional costs incur.
§ 6 Property
6.1Tthe property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods agreed to be sold by the Company to the Buyer for which payment is then due.
6.2 Rules for commercial transactions
Until such time as the property in the Goods passes to the buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to re-sell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and re-possess the Goods. The Buyer shall not be entitled to pledge or in any way charge by way of security for indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. When the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claims by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
§ 7 Legal Guarantee
7.1 Manufacturers' information in manuals, product descriptions or advertising materials are not appropriated by the Seller and they do not, expressly, become contractual guarantees.
7.2 The Seller treats defects by his choice either by repair or replacement.
7.3 If the repair fails or cannot be effected in an adequate time period set by the Buyer, the Buyer has the right to cancel the contract, or - in non-commercial transactions - is entitled to reduce the remuneration. The same applies if the Seller has ultimately declined repair and replacement, or if repair or replacement is unreasonable to the Buyer. The Buyer has to honor delivery times of suppliers when setting deadlines.
7.5 Cancellation of the contract is not possible, notwithstanding the legal guarantee, if the defect is of minor nature.
§ 8 Packaging Recycling
PLUS EDV is a member of "Duales System Zentek". With the royalties paid we fulfill our obligation in the collection, sorting and recycling of packaging materials.
§ 9 Compensation for Damages
§ 10 Limitation of warranty claims and compensation for damages
§ 11 Legal Invalidity of certain parts of the contract
§ 12 Legal venue, applicable law
§ 13 Online dispute resolution for consumers
PLUS EDV OHG
Legal Representatives: Frank Klan, Marcus Säcker, Tim Vieregge
Telefon: +49 40 605 33 66 70
Fax: +49 40 605 33 66 89
Email: info (@) plusedv.de
VAT reg: DE270456115
Trade registration: Amtsgericht Hamburg, HRA 120966