General Terms and Conditions January 10, 2005

Budoshop-Online is a company of Bushido Lubwart Bad Liebenwerda e.V.

registered at the District Court of Bad Liebenwerda VR 192

The dispatch notes are part of our general Terms and Conditions. Via this link you will find a detailed list of all shipping costs. More information about our return policy you find in our help pages. What you will have to do in case of damage in transit, you may read in our online-help.

Content

Right of Withdrawal for Consumers

§ 1 General
§ 2 Order, Conclusion of Contract, Prices
§ 3 Terms of Delivery
§ 4 Times of Delivery
§ 5 Delivery, Delivery Dates, Nonacceptance
§ 6 Modes of Payment
§ 7 Time of Payment, Nonperformance
§ 8 Rights of Retention and Setoff
§ 9 Reservation of Title
§ 10 Warranties and Liability
§ 11 Right of Revocation / Withdrawal
§ 12 Shipping Costs at Revocation / Withdrawal
§ 13 Data Storage
§ 14 Final Provisions
Adress

§ 1 General

These Conditions shall govern the Contract to exclusion of any other terms and conditions between Budoshop-Online and the Customer and no variation to the Contract or these Conditions shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of Budoshop-Online. The contractual language is English resp. German.

§ 2 Order, Conclusion, Prices

Budoshop-Online oblige himself to accept the order of the customer on the terms of the website. The order of is binding upon the customer. With placement of the order the customer declares, that he is solvent and willingly to pay. In default of payment we will bring a charge against the customer and move for a registration at the Schufa.

The contract of sale is signed with our delivery resp. the information of delivery.

The prices apply to orders without express price fixing on the day of delivery. This also applies to partial deliveries. If the purchase prices increase due to increased world market prices and Budoshop-Online can not deliver the product at the prices valid in the instant of the order, Budoshop-Online 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 sale shall be not signed.

All prices are wholesale prices in Euro. They are inclusive the respectively valid value added tax (VAT). The via the catalogue pages separately callable reseller prices see themselves as net prices plus the respectively valid value added tax.

You learn the period of validity of temporary offers always there where they are presented in the shop.

§ 3 Terms of Delivery

The delivered product can show deviations due to improvements into colour's, composition's, design's and other characteristics'. Descriptions and other data in catalogues, prospects and other printed or printable documents are subject to change without any notice due to technical progress as to deviations in Substance composition, colour, weight, dimension, design or similar characteristics, as far as these are reasonable for the customer. Increase or shortages of 10% are permissible, this applies particularly to deliveries of items which are done especially on request and according to information from the customer.

§ 4 Delivery Times

The delivery of the ordered product is carried out within 5-10 working days from incoming order. For special makes, like embroiders and print jobs as well as mat orders, the standard delivery time amounts for 3-4 weeks from incoming order. At delays in shipment Budoshop-Online will inform you immediately by e-mail. In the fall of a non-availability Budoshop-Online reserves the right to rendering a service equivalent in quality and price. If this isn't possible, Budoshop-Online reserves for himself the right to not deliver. Already made payments will be immediately refunded.

According to possibility Budoshop-Online will meet agreed on or given delivery times punctual. The claim of damages of the customer for nonperformance is limited in case of light negligence at 5% of the purchase price maximum and extends only to the direct damage. Further rights - in particular for delivery - are excluded.

In the event of unforeseen events or Acts of God (e.g. strikes, lock-outs, delivery problems, production bottle-necks with us or our subcontractors, shortages of raw materials, import and export restrictions, and any other circumstances for which we cannot be held responsible) we can choose either to postpone deliveries for the period of the unforeseen events, or to withdraw in whole or in part from the contract. If we exercise this right to withdraw, claims for compensation shall be excluded, as well as any other claims against us, irrespective of their legal reasons.

§ 5 Delivery, Delivery Dates and Information, Nonacceptance

As a matter of principle, deliveries are made for the account and at the rest of the customer. He shall bear all postage and freight expenses. The risk passes to the customer when the consignment leaves  our works, or if it has been agreed that the customer or a third party authorized by him should fetch the goods, when nomination that they are ready to be fetched has been sent, or if dispatch has been postponed at the customer's request. Budoshop-Online reserves the right to effect part deliveries.

Any delivery dates and periods given shall always deem to be approximate and non-binding, unless otherwise agreed in writing. Such cases are also subject to our being correctly and punctually supplied by our subcontractors. In any event, a delivery period shall not begin until all the details relating to the implementation of the contract have been clarified. We reserve the right to make part deliveries.

In case of nonacceptance of the C.O.D. - total we will charge all costs to the customer.

§ 6 Mode of Payment

The shop-software will show the possible modes of payment depending on place of delivery and order total. Modes of payment are: precash / cash in advance, cash on delivery (C.O.D. - not available in all countries), credit card, debit entry (only for Germany accounts). Cheques are accepted only instead of payment. Possible expenses are for debits of the customer.

In individual cases we will handle the order only after deposit of at least 30% of the order value. This concerns particularly to high order values, deliveries by forwarding agency or products to be made individual.

§ 7 Time of Payment, Non-Performance

Invoices of Budoshop-Online must be payed immediately without any deduction.

At debit entry we will charge your account after shipment of the goods. Costs caused by recharging of our account will be charged to the customer plus a treatmant fee. If you pay by credit card we will charge your credit card on the day of the invoice date.

On default of payment a default interest of 5 % higher than the base interest rate published by the German Bundesbank will be charged. If Budoshop-Online can prove a higher damage on delay, Budoshop-Online shall be liable charge it. A previous reminder is not necessary.

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, Budoshop-Online will put a lawyer or a collection agency in charge of the case. The customer shall be liable for all additional costs. Same time Budoshop-Online will bring a charge against the customer and move for a registration at the Schufa.

§ 8 Rights of Retention and Setoff

Rights of retention on the part of the customer, in as far as they are not on the basis of the same contractual relationship, and their offsetting against counter-claims are excluded, unless they are undisputed and recognised by declaratory judgement.

§ 9 Reservation of Title

Until all the debts owed to us by reason of the business relationship with the customer have been paid in full, all the goods supplied by us remain our property even if the purchase price for individually named demands has been paid.

The customer may only dispose of the reserved goods in the ordinary course of business. In particular, he is not entitled to pledge our goods or to assign them in any other way by way of security. He here and now expressly assigns to us by way of security for our claims any debts arising from further sale or for any other legal reason.

If the customer assigns all his goods in stock to a third party by way of security, he must expressly declare to the recipient of the security that our products are excluded. The customer is only entitled to collect the assigned debts for his own account and in his own name as long as he fulfils his contractual obligations towards us. Otherwise we have the right to choose to collect the assigned debts in our own name and at the customer's expense. If the value of the securities in our favour exceeds the value of the total debts to be secured by more than 35 %, we can choose to release fully paid deliveries at the customer's request.

We will not agree to a further sale of our reserved goods in the event of bankruptcy proceedings being instituted by court order.

Reserved goods which are our property may be removed during the customer's usual business hours if he does not fulfil his obligations towards us, whereby this removal shall not constitute trespass. For this purpose we shall be entitled to enter all the customer's storerooms and business premises.

§ 10 Warranties and Liability

The liability for faulty goods complies with the law. The period of warranty is a limitation period and also applies to claims to replacement of defect consequential damages. Further information to additional guarantees of the manufacturer you borrow from the product information. Budoshop-Online is not liable for any consequential losses or damages which are result of modification of goods by the customer or third partys or improper treatment or misoperation.

Goods delivered to the customer shall be deemed accepted by the customer and the customer shall inspect the goods immediately upon delivery and in all cases shall inform Budoshop-Online in writing within 5 (five) days of delivery of any damage, shortages or non delivery of the goods. After discovery any defect must be immediately criticized in writting, by e-mail, letter or fax. Each notice of effects must be enclosed with the invoice. Damages in transit must be raised by the customer within the period of time provided for it.

In case of liability for faulty goods, Budoshop-Online reserves the right to remove the defect or to make a substitute delivery by your choice. If Budoshop-Online declines to remove the defect or to make a substitute delivery or can not deliver or the substitute delivery is delayed on cases Budoshop-Online is responsible for, the customer can cancel the contract or claim an adequate discount.

All claims for compensation against us are excluded as well as any other claims of any legal justification. Except in respect of death or personal injury caused by Budoshop-Online's negligence Budoshop-Online shall not be liable to the customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of Budoshop-Online, its employees, agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer and the entire liability of Budoshop-Online under or in connection with the contract shall not exceed one and a half times the price paid for the goods in question by the customer. Budoshop-Online is therefore not liable for any damages, which did not develop on the good itself. As far as the liability of Budoshop-Online is excluded or limited, this applies to the personal liability of the employees and representatives too.

BudoshopOnline is liable at gross negligence or firm intention; this also applies to breach of contract or product liability. Technical modifications, improvements and error reserved. Provided that Budoshop-Online offends negligently a contract substantial obligation, the obligation to pay compensation for damages of goods or injuries to persons is limited to the damage arising typically. We shall be liable only in cases of intent or gross negligence for fault on our own part or on that of our staff, employees, workers and other persons employed by us in the performance of our obligation, or on the part of our executive bodies, irrespective of legal grounds but in particular for faults connected with breach of contract, tort, product liability etc.

For errata no liability.

§ 11 Right of Withdrawal / Exchange and Return of Goods

The consumer has the right to withdraw from his order. This right must be used within the applicable laws of the home country of the customer. From exchange and return are excluded: custom-made articles (e.g. emblems, embroideries, print), mats-areas (after an individual offer - you can always call for a sample), audio and video recordings as well as software if unsealed by the consumer.

The customer shall have to bear the costs for any depreciation, if it is not only result of inspecting the goods. The customer has to handle the ordered product carefully to avoid these costs in the fall of a return. When returning goods the customer shall enclose a copy of the invoice.

In case of revocation / withdrawal the consumer is obliged to send to goods back as far they can be send back with carriers. The adress for returns is: Budoshop-Online, Retouren, Lindenweg 5, D-04910 Elsterwerda.

If the customer had already made payments they will be repaided within 30 days. Costs which arise out of a recharge of our account in case of choosen debit entry as mode of payment will be charged to the customer plus an addidtional treatmant fee.

---- begin Instruction on Right of Revocation / Withdrawal ----

Right of Withdrawal for Consumers

Within 2 weeks (in Germany; period of withdrawal for other countries see below) other upon receipt of the goods you can withdraw from the contract of sale without giving reasons in writing (e. g. letter, fax, e ­mail) or by returning the goods. This period is starting only with the receipt of this instruction. To safeguard the period of withdrawal (see below) is it sufficient to send the withdrawal or the goods in time to:

Bushido Lubwart Bad Liebenwerda e.V.
Budoshop-Online.com / Retouren
Lindenweg 5
D-04910 Elsterwerda

Fax: (+49) 3533/4890585
email: support@budoshop-online.com

Consequences of Withdrawal

If the withdrawal comes into force the received services / payments and profit from it (e.g. interests) must be returned. If you return the received service as a whole or partly not or only in worsen state you have to perform compensation. In case of leaving goods this is not applicable if this worsen is only result of the inspection - as it would had been possible in a local shop. Furthermore you can avoid this liability for damages if you don't put it into use like an owner and omt everything what could reduce it's value. Goods which can be returned as parcel must be returned. The consumer will have to bear the costs of returning the goods according the laws of his residence country, unless the delivered products are different to the ordered goods. Goods which can not be returned as parcel will be sended for.

Withdrawal Periods

Austria : The withdrawal period is 7 working days, commencing on the day after the day the consumer receives the goods, in case of services, on the day the contract is concluded. Consumers are to be reimbursed immediately. The consumer bears the direct costs of returning the goods to the online shop.

Belgium : The withdrawal period is 7 working days, commencing on the day after the day the consumer receives the goods, in case of services, on the day the contract is concluded. In the event the right of withdrawal is exerted by the consumer, the direct cost of returning the goods shall be paid by the consumer, except when the online shop has not fulfilled its obligation with regard to the information to be provided or if the product or service does not correspond with the description in the offer.

Denmark : The withdrawal period is 14 days, commencing on the day the product is delivered, in case of services on the day on which the consumer received information that the contract was entered into. The consumer bears the direct costs of returning the goods to the online shop.

Finland : The withdrawal period is 14 days from the day after the consumer received the written confirmation, or regarding products, the date of delivery or the first delivery, if the product or the first delivered product would be received by the consumer later than the written confirmation. The withdrawal period would be extended to the following working day if it were expired on a holiday or Saturday. The online shop must bear the costs of returning the goods, if they can normally be returned by post.

France : The withdrawal period is 7 days, commencing when the consumer receives the products, or the contract for the provision of services is accepted. Should the period expire on a Saturday, Sunday or a public holiday, then it is extended to the first subsequent working day. The consumer bears the direct costs of returning the goods to the online shop.

Germany : The withdrawal period is 14 days, commencing on the day the product is delivered and the consumer received the information regarding the right of withdrawal correctly. In the case of overall returned goods of the same order involving an invoice value up to EUR 40.00 or in the case the goods are not paid, the return costs may be charged to the customer by prior contractual agreement. The online shop shall not refuse the acceptance of returned goods or the refund of the full purchase price because the consumer returned the goods freight forward or the goods are used or not factory packed but must clearly inform the consumer before he submits an order that if the goods are damaged and not saleable as new, the online shop is entitled to seek recompense.

Greece : The withdrawal period is 10 days, commencing on the day on which the goods were received, or in the case of services, the day on which the consumer receives written confirmation of having contracted the service. There is no exemption for those contracts contained in Article 6(3) of the EU-Distance Selling Directive 97/7*. Should the right of withdrawal be exercised, then the direct cost of returns must be borne by the consumer and he/she must return the good in its initial situation.

Ireland : The withdrawal period is 7 working days, commencing on the day on which the goods were received, or in the case of services, the day on which contract is concluded. The consumer bears the direct costs of returning the goods to the online shop.

Italy : The withdrawal period is 10 working days, commencing on the day on which the goods were received, or in the case of services, the day on which contract is concluded. To exercise his/her right of withdrawal the customer must send a written communication to the online shop through a registered letter with acknowledgement of receipt. The consumer bears the direct costs of returning the goods to the online shop.

Luxembourg : The withdrawal period is 7 working days, commencing on the day on which the goods were received, or in the case of services, the day on which contract is concluded. The consumer bears the direct costs of returning the goods to the online shop.

Netherlands : The withdrawal period is 7 working days. The limitation on the right of withdrawal (unless otherwise agreed) contained in Article 6(3) of the EU-Distance Selling Directive*, is reduced in the Dutch legislation and parties cannot agree otherwise. The consumer bears the direct costs of returning the goods to the online shop.

Portugal : The withdrawal period is 14 days, commencing on the day on which the goods were received, or in the case of services, the day on which contract is concluded. The consumer shall preserve the goods in good conditions of use. The consumer can only exercise the right of withdrawal through a registered letter with receipt notice notifying the supplier of his/her will to cancel the contract. The consumer bears the direct costs of returning the goods to the online shop.

Spain : The withdrawal period is 7 working days, commencing on the day on which the goods were received. If the online shop does not reimburse the consumer within 30 days after contract withdrawal then the consumer may claim twice the amount paid to the online shop. The consumer bears the direct costs of returning the goods to the online shop.

Sweden : The withdrawal period is 14 days, commencing on the day on which the goods were received. The consumer bears the direct costs of returning the goods to the online shop.

United Kingdom : The withdrawal period is 7 working days, commencing on the day after the day the consumer receives the goods, in case of services, on the day the contract is concluded. The online shop may charge to the consumer the direct cost of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract. Otherwise the online shop shall pick up the goods at his own expense.

---- end Instruction on Right of Withdrawal ----

§ 12 Shipping Costs at Revocation / Withdrawal

Consumer with permanent residence in Germany will receive a cost-free return-slip if the returned good exceeds 40 EUR and the invoice is paid. Otherwise the consumer will have to bear the costs of return himself.

Consumer with permanent residence in Germany shall use the return-service if the return total exceeds 40 EUR and the invoice is paid. In case the consumer send back the goods without prior consultation he shall consider, that the costs will be refunded only up to the amount Budoshop-Online would had to pay to a charged carrier. Returns shall be samped sufficiently. Extra charges in case of insufficient or missing stamping will be charged to the customer.

Customers with permanent residence outside Germany will get refunded the shipping costs according the local laws.

In case of returning mats the customer will have to bear all costs for delivery and returning. To inspect the goods the customer always can ask for samples.

§ 13 Data Storage

In the context with the business relations Budoshop-Online is authorized, to ask, save and process required personal data of the customer. The customer particularly agrees to these elevation, processing and use of those personal data.

We point out that the text of contract is not saved at placing the order. For this reason we must ask you to keep all documents and messages you receive from us carefully.

§ 14 Final Provisions

Place of performance and place of jurisdiction is Bad Liebenwerda/Germany, if the customer is merchant, legal entity of the public law or support of a separate property under public law or doesn't have any general Place of jurisdiction in home, otherwise the local court hsa jurisdiction. As for private end-user the law at the place of residence shall be applicable as far as it concerns imperative consumer protection rules; for others exclusively German laws shall be applicable.

The legal validity of the agreements doesn't touch the regulations presiding to invalidity, contestability or ineffectiveness one or several of these as for the rest. In this case the void regulation shall be replaced by the law.

In the fall of a deviation or ambiguity of the English translation in relation to the German version, the German version is regarded as decisive as far as these terms may applied to foreign customers.


Budoshop-Online
a company of the
Bushido Lubwart Bad Liebenwerda e.V.
Lindenweg 5
D-04910 Elsterwerda

telephone: (+49) 03533/519510
telefax: (+49) 03533/4890585
E-Mail: infos@budoshop-online.com

VAT Reg.No. DE212630085

Registered at the
District court of Bad Liebenwerda VR 192

Executive board:
chairman: Ralph P. Görlach
1. representative: Maik Hinze
2. representative: Dr. Anne Paul


other versions of the terms and conditions: