TERMS AND CONDITIONS
Michael Schmitz

Section 1 General, Scope

The following Terms and Conditions (GTC) govern the contractual relationship between Michael Schmitz and consumers and businesses using the Internet offer of use Michael Schmitz (hereinafter "buyer" stated). The GTC concern the use of site-malizia uomo.de and all to this domain belonging subdomains. Each is relevant at the time of the contract valid version. The contract language is German.

Consumers within the meaning of these terms and conditions are natural persons who are with Michael Schmitz in the business relationship, without that its commercial or independent professional activity.
Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or legal partnerships, in pursuit of their commercial or independent professional activity with Michael Schmitz in a business relationship occur.

Section 2 Final Contract

The offers by Michael Schmitz on the Internet represent a non-binding invitation to the buyers, Michael Schmitz goods to order.

By ordering the desired purchase goods on the Internet gives the buyer a binding offer to conclude a purchase contract.

Michael Schmitz is entitled to this offer within 2 days of receiving an order confirmation to accept. The order is transmitted by e-mail. After fruitless expiry of sentence 1 deadline referred to as the offer is rejected.

Section 3 of payment, maturity, payment

The payment of the goods on delivery and prepayment by credit card, the account. The payment is cash on delivery only for shipping within Germany. We reserve the right, in each case certain types of payment to accept or exclude.

For advance payment by the buyer agrees to the purchase price after the contract immediately to pay. When paying cash on delivery is committed to the buyer, the purchase price upon delivery of the goods to pay. If payment is made on behalf of the buyer agrees to the invoice amount within 14 days after receipt of the goods to pay. When paying by direct debit, the debit within a week after the conclusion of the contract. When paying by credit card, the card after sending the goods.

If the buyer in arrears, while he has to defend any negligence. He is liable because of the performance for random, except that the damage also occurred in a timely performance would be.

The purchase price is during the delay to pay interest. The default rate for the year is five percentage points above the base rate. For legal transactions in which a consumer is not involved, the interest rate eight percentage points above the base rate.

The assertion of further damage is not excluded.

Section 4 Delivery

The delivery of the consignment by buying goods at the address given by the buyer. Insofar as delivery versus payment in advance is agreed, the delivery period 3-4 business days after receipt of the purchase price. Otherwise, the delivery period 3-4 business days after the order confirmation.

The delivery with the specified packaging and shipping. For international deliveries will, unless otherwise specified, the price of packaging and shipping separately calculated by weight. If the buyer is a special kind of dispatch Hopes for the higher costs, he also has to bear these additional costs.

The buyer acquires the object of purchase for its commercial or professional activity, the risk of accidental destruction and accidental deterioration of buying goods on him as soon as Michael Schmitz the purchase subject to the carrier, the carrier or otherwise to execute the dispatch specific person or institution extradited has.

Section 5 Retention of title

The purchase remains subject to payment in full ownership of Michael Schmitz. Before transfer of ownership is a pledge, transfer, processing or transformation without the express consent of Michael Schmitz is not allowed.

Section 6 prices

The respective bid price for the purchase of the subject sees itself as a final price including VAT may be occurring and other price components. The price does not include the supply and shipping.

Section 7 Resignation

Michael Schmitz is entitled to withdraw from the contract under the terms of the outstanding part of the delivery or performance resign if false information about the creditworthiness of the buyer has been made or objective reasons as to the insolvency of the buyer are, for example, the opening of insolvency proceedings on the assets of the Buyer or the rejection of such a procedure cost for lack of assets. The buyer will resign before the opportunity, to make a prepayment or a suitable security services.

Without prejudice to any claims for damages in the case of partial withdrawal has already provided partial services under the contract and pay abzurechnen.

Section 8 Warranty

To ensure consumers
a) Michael Schmitz helps ensure that the purchase is subject to transfer is faultless. Shows within six months since the handover of the purchase objects defect, it is believed that this already when passing was flawed, unless this presumption is incompatible with the nature of buying goods or the lack incompatible. Shows the defect after the expiry of six months, the buyer must prove that the defect in the transfer of the property purchase existed.
b) Is the purchase subject to surrender defective, the buyer has the choice whether the remedy by repair or replacement should be. Michael Schmitz is entitled to the kind of performance to be elected, if they only with disproportionate costs and the other kind of performance without significant disadvantages for the buyer remains.
c) If the subsequent performance fails, the buyer can basically after his election reduction of the purchase price (reduction) or cancellation of the contract (resignation) and claim damages. With only minor defects to the buyer is no right of rescission.
d) claims of the buyer barred due to defects in two years, when selling used goods in a year. The one-year statute of limitations does not apply to claims for damages.

Ensure to entrepreneurs
a) Is the purchase for Michael Schmitz and the buyer a transaction, the buyer has the goods delivered promptly to quality and quantity variance to investigate and Michael Schmitz apparent deficiencies within a period of one week from receipt of the goods in writing, otherwise the assertion of this section. Hidden defects are Michael Schmitz, within a period of one week from discovery in writing. Deadline is sufficient for the timely transmission. The buyer, in this case the full burden of proof for all the right conditions, especially for the defect itself, the date of the determination of the defect and the timeliness of the complaint.
b) When does Michael Schmitz defects after their own choice through warranty repair or replacement.
c) The rights of the purchaser shall be barred because of defects in one year. This limitation does not apply to claims for damages.

Michael Schmitz supplies for the purpose of fulfilling After a lack-free purchase matter, Michael Schmitz of the warrant buyers back faulty goods purchase request.

Damage caused by improper actions or vertragswidrige the buyer for installation, connection, service or storage, which, justify no claim against Michael Schmitz.

Section 9 Limitation of Liability

For other than loss of life, body and health damage Michael Schmitz is liable only to the extent that such damage or grossly negligent act or culpable violation of a fundamental contractual obligation by Michael Schmitz or its vicarious agents. Is a contractual obligation whose performance the proper implementation of the treaty at all possible and on their compliance with the regular buyers may rely. An additional liability for damages is excluded. Claims from a Michael Schmitz for guarantee given the nature of buying goods and the Product Liability Act remain unaffected.

Under the current state of technology, the data over the Internet is not error-free and / or available at all times be guaranteed. We therefore not liable for the availability of our Internet shops.

Section 10 electoral law, jurisdiction

All disputes arising from this relationship are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law only insofar as there is not the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence, will be withdrawn. The application of CISG is excluded.

The buyer is a businessman, legal person of public law or public law has exclusive jurisdiction for all disputes arising from this contract the business office of Michael Schmitz. The same applies if the buyer has no general jurisdiction in Germany or the domicile or habitual residence at the time of referral are not known.

Section 11 Severability

Should any provision of these Terms is invalid or unenforceable or become, the remaining provisions shall remain unaffected by these Terms, unless that by eliminating individual clauses as a Party would be unreasonable disadvantage that their detention at the treaty no longer reasonably be .

End of Terms

These Terms were approved by the janolaw lawyers and the legal practice. The janolaw AG guarantees for the excellent quality of this product and liable in the case of warnings. For more information on janolaw liability under warranty http://www.janolaw.de/haftungsgarantie_agb.html