General Terms and Conditions by September, 16th 2012
of Budoten Limited
registered at Companies House of Cardiff No. 5660685
german trade register Cottbus HRB 7542 CB
We have here detailed summary of all shipping costs. Further information on our return policy you will find in our FAQ at the online help. What you will have to to in case of damage in transit you will get to know in our comprehensive online help.
Table of Contents
- Right of Revocation for the Consumer
- § 1 General
- § 2 Order, Conclusion of Contract, Transfer of Risk
- § 3 Prices
- § 4 Delivery Times, Delays of Delivery
- § 5 Delivery, Dates and Information
- § 6 Terms of Payment
- § 7 Settlement and Payment, Default in Payment
- § 8 Set-off, Right of Retention
- § 9 Reservation of Proprietary Rights
- § 10 Warranty for Defects and Liability
- § 11 Return of Goods, Right of Revocation for Consumers
- § 12 Data Storage
- § 13 Final Provisions
- Address
§ 1 General
Business relations between Budoten Limited (hereafter called Budoten) and a customer are exclusively subject to the general terms and provisions as below in the version which is valid at the time the order is placed. The contractual language for business relations with foreign customers is German or English.
Customers in terms of these general terms and conditions are consumers, entrepreneurs as well as other legal or natural persons.
"Consumer" in terms of these general terms and conditions is any natural person who concludes with Budoten a legal transaction for a purpose which can neither be attributed mainly to his/her commercial nor freelance occupational activity. (§ 13 BGB)
"Entrepreneurs" in terms of these general terms and conditions is any natural or legal person who concludes with Budoten a legal transaction for a purpose which can be attributed to his/her commercial or freelance occupational activity.
§ 2 Order, Conclusion of Contract, Transfer of Risk
Budoten is obliged to accept the customer's order according to the terms of the website.
Budoten will confirm the receipt of the order immediately by email. The confirmation of receipt does not constitute a binding acceptance of the order. When dealing with consumer's the purchase contract is effective upon delivery of the goods, in any other case at the handover to the shipper, carrier or other for the transport contracted third party. Placing the order by the customer does not conclude a purchase contract between the customer and Budoten. In case the customer pays by "prepayment / cash before delivery" or by "PayPal", the contract of purchase becomes effective by sending the order-confirmation and the request for payment.
At all sendings to consumer's Budoten bears the risk of transportation. If the addressee is not consumer in terms of these terms and conditions, the risk shall pass to the customer when the goods are handed over to the forwarder or carrier, latest, however, when leaving our warehouse. (§ 447 BGB).
§ 3 Prices
All prices are - as long as not stated otherwise - wholesale prices in Euro including the valid value added tax (VAT).
The prices stated at the time of the order shall apply.
Prices on the day of delivery shall apply for orders without express price fixing. This also applies to partial deliveries. If the purchase prices increased between order and delivery Budoten will ask the customer before delivery for his consent. If the customer doesn't give it's consent within 5 working days, the contract of purchase shall not be effective.
The duration of validity of limited time offers you will get to know whereas they are presented in the shop.
§ 4 Delivery Times, Delays of Delivery
Deliveries will be made latest within 10 working days (monday to friday, except national holidays) upon money transfer from your bank (in case of cash in advance) respectively in all other cases upon conclusion of the purchase contract.
For individual or special orders to the customer's wishes, goods will be shipped withon 20 working days (3-4 weeks) after receipt of order.
At delays in shipping Budoten will inform you immediately by email. If the ordered item is not available anymore, because Budoten did not receive the goods by it's supplier without own fault, Budoten is entitled to withdraw from the contract. In this case Budoten will inform the customer immediately and recommend if appropriate a simular item. If there are no simular items or the customer does not wish a simular product, already made payments shall be refunded immediately.
Detailed information to delivery times and further exceptions from the above delivery times you will find on the respective product's page.
§ 5 Delivery, Dates and Information
Unless agreed otherwise, delivery shall be made ex works to the delivery address indicated by the customer. Partial deliveries shall be allowed, unless they are unreasonable to accept for the customer. Shipping costs will be charged only once per order.
All information is not legally binding.
By the customer specified delivery periods do not imply a promise.
§ 6 Terms of Payment
Depending on destination of delivery and total of order the customer will be able to select at the order process different modes of payment. Customers may pay by prepayment (cash before delivery), C.O.D. (cash on delivery), bank transfer (open invoice), credit card, cheque or direct debit (debit entry) as well as PayPal. Notes and checks are only accepted for payment purposes. All associated costs and expenses are charged to the customer.
The delivery on open invoice is possible only to a limited extent. Delivery on open invoice outside Germany requires a special agreement.
Budoten reserves the right to restrict the mode of payment in individual cases.
§ 7 Settlement and Payment, Default in Payment
Invoices of Budoten must be payed immediately without any deduction.
At direct debit (debit entry) the account will be charged after shipping of the goods. Costs caused by recharging of our account will be charged to the customer plus a handling fee. If you pay by credit card, it will be charged on the day of billing (invoice date).
From the 30th day after the due date Budoten will claim default interest of 5 % higher than the base interest rate published by the German Bundesbank. If Budoten can prove a higher damage on delay, Budoten shall be entitled to charge it. A previous reminder is not necessary. (§ 286 sec. 2 no. 1 BGB)
The costs of all reminders will be charged. Payments following a previous reminder shall be applied first to the costs, then to the interest and lastly to the principal claim. (§ 367 sec. 1 BGB). If the customer fails to perform his obligation of payment, we will delegate the debt collection to a third party (lawyer, collection agency). The customer has to bear any additional costs. Siumltaneously we reserve the right to register negative notes at the Schufa. At suspicion of fraud Budoten will report an offence to the police and the prosecutor in charge.
The customer is liable to pay the costs for written reminders. Payments after reminders will be booked first to the costs, then to the interests and finally on the main charge. If a customer is in default, Budoten will put a lawyer or a collection agency in charge of the case. The customer shall be liable for all additional costs. Same time Budoten will bring a charge against the customer and move for a registration at the Schufa.
§ 8 Sett-off, Right of Retention
The customer is only entitled to set off payment if the counterclaim is undisputed and regarded as legally effective by a court or accepted in written form by us. Furthermore, the customer is entitled to exercise the right of retention only insofar as his counterclaim is based on the same contractual relationship.
§ 9 Reservation of Proprietary Rights
The delivered goods shall remain the property of Budoten until complete payment of the purchase price.
§ 10 Warranty for Defects and Liability
The statutory warranty conditions shall apply.
The warranty period for the consumer after delivery of new products is 24 month and in all other cases 12 month. For any defects or problems with the item that appear before the expiration of the legal warranty, the customer may choose any of the actions to which he/she is entitled: supplementary performance in the form of repair/product replacement, as well as assuming all legal requirements have been fulfilled further entitlement to a reduction in the price, withdrawal from the purchase contract, and/or for compensation of damages including related futile expenditure.
If the delivered items have obvious material or production defects, which may include transport damage, please complain to us of such defects immediately. At transport damage (damage in transit) the damage shall be reported to the carrier as well. On obvious damages they shall be included in a protocoll of damage. As for consumers failing to report damages immediately has no consquences and does not influence their legal rights.
Customers, who are not consumers in terms of this terms and conditions, are obliged to examine the delivered goods immediately. (§ 377 HGB)
§ 11 Right of Return, Taxing of Costs, Information on the Right of Withdrawal for Consumers, Return of Goods
The consumer (§ 13 BGB) is entitled on a right of withdrawal according § 355 BGB.
Customers, who are not consumers in terms of these terms and conditions are entitled to a voluntary right of return within 14 days after receiption of the goods, whereas the customer has to bear the costs and the risk of return.
As for customers who are not consumers, special offers, mats and bulky goods are excluded from the voluntary right of return in addition to those items which are excluded from the right withdrawal.
Special designs (), , if, and as soon as, the seal of the delivered data media had been opened are excluded from exchange and return. At dealings with customers who are not consumers in terms of these terms and conditions, returns of mats and heavy goods are solely subject of individual agreements.
Exclusion from the Right of Revocation
The following goods are excluded from exchange and return:
1. items, which are custom made according individual demands of the consumer eg. badges, flocking, imprints, embroideries
2. audio or video recordings and software in a sealed package if the seal was broken
3. sealed goods which can not be returned due to hygienic or health protection reasons if the seal was broken,
4. easily perished goods, or goods with a short best-before-date.
Costs for Returns of Consumers
The consumer has to bear the costs of return in case of revocation.
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Right of Revocation for Consumers
You can revoke the order without further specification of reasons. The 14-day revocation period starts from the day when you or a person entitled by you who is not the carrier, takes posession of the goods. To revoke your order you must give an explicit statement (e.g. in writing as letter, fax or e-mail), that you want to revoke the contract. The revocation must be declared to:
Budoten Limited
Retouren
Lindenweg 5
D-04910 Elsterwerda
Germany
Tel: 03533/519510
Fax: 03533/4890585
E-Mail: info@budoten.com
You can use the attached sample revocation form, but you are not obliged to use it. You can fill out the sample revocation form or sent an other clear statement available from out website at http://www.budoten.com electronically. If you sent the revocation electronically we will confirm the revocation upon receipt.
The revocation must be sent before the expiration of the revocation time limit.
Concequences of Withdraw / Revocation
In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest, except additional costs which exceed the standard shipping costs. Obligatory refunds of payments must be made within 14 days after sending the revocation. We will not charge any fees for returning goods. Repayment will be made by using the same mode of payment as at the original transaction. Budoten is entitled to retard the repayment upon reception of the goods or an evidence dispatch of the goods, whatever is the earliest date.
You have to return the goods to the above address within 14 days upon sending your statement of revocation. The term is kept if the goods are dispatched within that period. You have to bear the direct costs of return.
If you cannot return the goods received in whole or in part or if purchaser can only return the received goods in a deteriorated state, you must pay compensation for value insofar. There is no duty to pay compensation for value, if the sole cause of deterioration of the goods received was the inspection of the respective goods, as would have been possible in a retail shop.
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§ 12 Data Storage
Our practice regarding data protection complies with the German Federal Data Protection Laws (BDSG) and the German Laws for Telemedia Services (TMG). We use your data exclusively for the processing of your order..
All personal data received from the customer will be handled confidentially. The personal data provided by you will be solely used in connection with dealings between you Budoten. At data processing all matters concerning confidentiality will be dealed in accordance with legal requirements.
The text of contract is saved by Budoten. The customer can save or print all order details after the order was sent.
§ 13 Final Provisions
Solely german law shall be applicable by exclusion of the UN Purchase Law.
In case the private end-consumer is a non-EU resident, is our venue of jurisdiction.
At business dealings with consumers, the law applicable to the consumer's place of jurisdiction is valid as long as it unambiguously deals with provisions for consumer rights.
This information is intended solely for informational purposes; the original German text is legally binding.
Budoten Limited
Lindenweg 5
D-04910 Elsterwerda
Vat-Reg.No. DE246388978
Budoten Limited, 69 Great Hampton Street
B18 6EW Birmingham
United Kingdom
registered in England and Wales
Companies House of Cardiff No. 5660685
trade register Cottbus HRB 7542 CB
directors:
Ralph P. Goerlach
office hours:
monday to friday 8.00 - 12.00 am
monday to thursday 1.00 - 5.00 pm
Current German Version:
German Terms and Conditions: Allgemeine Geschäftsbedingungen AGB
Other Versions:
Terms and Conditions as for 2012.09.16 Terms and Conditions as for 2010.03.21 Terms and Conditions as for 2009.06.10 Terms and Conditions 2005.12.31 Terms and Conditions valid to 2005.10.05 Terms and Conditions valid to 2005.10.01
