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Budoten Limited is the successor in interest of Budoshop-Online
registered at the Companies House of Cardiff No. 5660685
Trade Register HRB 7562 CB
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 Data Storage
§ 13 Final Provisions
Adress
These Conditions shall govern the Contract to exclusion of any other terms and conditions between Budoten Limited (Budoten) 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 Budoten. The contractual language is English resp. German.
Budoten oblige himself to accept the order of the customer on the terms of the website. The order 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.
All prices are wholesale prices in Euro. They are inclusive the respectively valid value added tax (VAT). 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 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 sale shall not be signed.
You learn the period of validity of temporary offers always there where they are presented in the shop.
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. We guarantee steady product quality.
The delivery of the ordered product is carried out within 3-10 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 shipping Budoten will inform you immediately by e-mail. In the fall of a non-availability Budoten reserves the right to not deliver. Already made payments will be immediately refunded.
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. Budoten reserves the right for part deliveries.
Any delivery dates and periods given shall always deem to be approximate and non-binding. Given delivery dates by the customer shall not be binding.
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.
Delivery on open invoice is restricted to certain cases. Only by special agreement we will deliver on open invoice abroad. We further reserve the right to limit the mode of payments in certain cases.
Invoices of Budoten must be payed immediately without any deduction.
In case of 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 treatment 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 Budoten can prove a higher damage on delay, Budoten shall be liable to 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, 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.
Rights of retention on the part of the custome 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.
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 had been paid.
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. Budoten 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 Budoten in writing immediately after 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 to both the forwarding agency and Budoten. Damages in transit must be raised by the customer within the period of time provided for it. Omission of those liabilities will note effect the legal rights of the customer.
In case of liability for faulty goods, Budoten reserves the right to remove the defect or to make a substitute delivery by your choice. If Budoten declines to remove the defect or to make a substitute delivery or can not deliver or the substitute delivery is delayed on cases Budoten 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 Budoten negligence 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 Budoten, 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 Budten 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. Budoten is therefore not liable for any damages, which did not develop on the good itself. As far as the liability of Budoten is excluded or limited, this applies to the personal liability of the employees and representatives too.
Provided that Budoten 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.
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 the goods back as far as they can be send back with carriers. The adress for returns is: Budoten, Retouren, Lindenweg 5, D-04910 Elsterwerda.
---- 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:
Budoten Limited Martial Arts Supply
Returns
Lindenweg 5
D-04910 Elsterwerda
Fax: (+49) 3533/4890585
email: info@budoten.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 / Varying Legal Provisions
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. Given that the value of the returned goods exceeds 40.00 € and the goods are neither partly nor fully paid, the return costs may be charged to the customer by prior contractual agreement. If the goods are damaged and not saleable as new, we are 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 ----
In the context with the business relations Budoten 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.
If the customer ist consumer (§ 13 BGB), the local court shall have jurisdiction. As for consumers the law at the place of residence shall be applicable as far as it concerns imperative consumer protection rules. In all other cases place of performance and jurisdiction is Bad Liebenwerda/Germany; exclusively German laws shall be applicable.
The legal validity of the terms does not 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 case 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.
Budoten Limited
Martial Arts Supply
Lindenweg 5
D-04910 Elsterwerda
phone: (+49) 03533/519510
fax: (+49) 03533/4890585
e-mail: info@budoten.com
VAT-IDNo. DE212630085
Directors:
Ralph P. Görlach, Maria Saul
Budoten Limited 69 Great Hampton Street
B18 6EW Birmingham, United Kingdom
registered in England and Wales:
Companies House of Cardiff No. 5660685
Trade Register HRB 7562 CB
other versions of the terms and conditions:
Terms and Conditions valid to 31.12.2005
Terms and Conditions valid to 04.10.2005
Terms and Conditions valid to 10.01.2005
All rights reserved. Budoten Ltd. - Lindenweg 5 - D-04910 Elsterwerda Budoten Martial Arts Supply and Budoshop-Online |
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