Conditions of Use
Coverage
1. the following general business-conditions Electric Move Ltds (subsequently "salespersons" named) are applicable to all contracts, that the buyer finishes with the salesperson regarding he/it at the auction house / Shop of offered articles and/or performances. The buyer with transaction of an order acknowledges the validity of these general business-conditions. It is disagreed from own conditions of the buyer hereby expressly with the inclusion, unless, it is something else in writing arranged. The legal regulations are valid in the remainder.
2. buyers in the sense of the digit 1 are both consumers and entrepreneurs, with what a consumer is each natural person, who completes a legal transaction for a purpose, that can be classed as belonging to neither her/its/their industrial one(s) nor her/its/their independent vocational activity. An entrepreneur is each natural or legal person or a right-capable person-company, who act at degree of a legal transaction in exercise of her/its/their independent vocational or industrial activity, on the other hand.
Terms
With payment for bill, the purchase-price immediately is net due from account-date by the payment. If the buyer comes in default, so the salesperson is justifiable to demand delay-interest in height of 5 percent of the basis-interest rate. If the salesperson is capable to prove a higher delay-damage, so he/it is justifiable this current to do.
Delivery period1. the observance of the delivery-obligation presupposes the timely and proper fulfillment of the buyer's obligations.
2. if the buyer comes in assumption-delay or he/it neglects other participation-duties, so the salesperson is justifiable to require the from this originated damage including possible increase-expenditures. In this case, also the danger of an accidental downfall or an accidental deterioration of the purchase-matter becomes the property of the buyer, into whom this gets in assumption-delay, at the time.
3. the salesperson gets, for reasons this he/it, to represent, has, in delay, the buyer is, after unfruitful course of this extension, after he/it placed an appropriate extension with abrogation-threat, entitles to resign from the contract. Damages-claims because of default only are entitled the buyer if the delay is based on resolutions or coarse negligence. In the remainder, the damages-liability is restricted to 20 percent of the happened damage.
Not contract-appropriate performance1. the salesperson garantees that (§ § 433 I S. 2 and 434 BGB) the delivered ware corresponds to the legal quality-characteristics.
Guarantee-rights of the buyer presuppose that HGB properly complied with his/its owed rogatory and reprimand-be incumbent on-nesses this after § 377.
As far as an initial lack of the purchase-matter is available, the salesperson is entitled after own election to the lack-elimination, to the substitute-delivery or to the return-handling.
2. as far as nothing else emerges below (Nr.3), continuing claims of the buyer immediately are impossible from which legal arguments. The salesperson therefore is not liable for damages, that were not created at the delivery-object themselves. Especially, the salesperson is not liable for escaped profit or other fortune-damages of the buyer.
3. digit 2 is not valid as far as the damage-cause is based on resolutions or coarse negligence.
4. for consumers, the statute of limitations for Mängelansprüche amounts with a new merchandise
two years from purchase-date, for entrepreneurs one year from purchase-date.
Proprietary-reservation1. the delivery-object remains property of the salesperson until the fulfillment of all claims being entitled him/it opposite the buyer from the relationship.
2. for the case of the sale of the delivery-object, the buyer transfers his/its claim protection-half hereby at the salesperson from the further-sale against the buyer with all additional-rights without it needing even further explanations. The transfer is valid including possible balance-demands. The transfer is for the price of the delivery-object invoiced by the salesperson however only in height of the amount of this corresponds. The demand-share exited at the salesperson is to be satisfied as a matter of priority.
3. until on retraction, the buyer is authorized to the draft of the exited demands. The buyers will refer at the salesperson on the exited demands of made payments as far as to the height of the secured demands instantaneously. When available of an important reason especially with default, cessations of payment, opening of an Insolvenzverfahrens or justified grounds for a Überschuldung or threatening insolvency of the buyer, the salesperson is justifiable to revoke the buyer's draft-authority. Furthermore, the salesperson can disclose the protection-transfer under observance of an appropriate period after prior threat, utilize the exited demands as well as the disclosure of the protection-transfer of the buyer opposite the buyer demands.
4. with substantiation of a justifiable interest, the buyer has the salesperson to give the information necessary to the assertion of his/its right to the buyer and to hand over the necessary records.
5. during the existence of the proprietary-reservation, a pledge or protection-transfer are forbidden for the buyer. The further-sale is allowed in the proper business and only under the conditions only retailers that the payment of the value of the delivery-object to the buyer takes place. The buyer has to also agree with the buyer that property acquires only with this payment of the buyers. At seizures, confiscation or other disposals or interventions third has the buyer to inform the salesperson instantaneously.
Return-end-costs of exercise of the retraction-right
The buyer has to carry the costs of the return if the delivered ware of this ordered corresponds and if the price of the back-sending matter an amount of 100 Euro doesn't exceed or if the buyer has not produced the return or a contractually arranged part-payment with a higher price of the matter at the time of the retraction yet. Otherwise, the return is free for the buyer.
Fulfillment-place
Fulfillment-place generally become arrange Berlin in writing another.
Jurisdiction1. it is worth German right under exclusion the UN-purchase-right.
2. jurisdiction for disputes from or in the connection with this contract is the seat of the Electric Move Ltd.3. the contract-language is German.
End-regulations1. alterations or supplements to this contract need the writing-form. Vocal additional-agreements don't exist.
2. a regulation of this contract should be ineffective or becomes, so the effectiveness of the contract doesn't touch this in the remainder.