Conditions of Use

General terms and conditions for internet orders for articles from the Dortmund-Shop

Art. 1 Validity
Art. 2 Ordering
Art. 3 Conclusion of the purchase contract
Art. 4 Right of revocation
Art. 5 Prices and payment
Art. 6 Delivery, condition of the goods
Art. 7 Compensation
Art. 8 Retention of title
Art. 9 Set-off and retention rights
Art. 10 Applicable law, place of jurisdiction
Art. 11 Partial invalidity

Your contract partner for orders is DWD GmbH,
registered office in 44141 Dortmund
Address:
44141 Dortmund,
Ernst-Mehlich-Strasse 4a,
Germany.
Fax +49 231-58 69 88 59 <,
e-mail office@DWDNet.com.
Please address all information, queries, complaints, etc. with regard to an order exclusively in writing by letter, fax or e-mail to this address.

Art. 1 Validity
The following terms and conditions apply effective November 1, 2004 for deliveries by DWD GmbH (hereinafter DWD GmbH) to consumers on the basis of online orders via the Dortmund-Shop. The customers' terms and conditions do notapply, even where they are not explicitly contradicted.

Art. 2 Ordering
An online order by a customer is a binding offer to conclude a purchase contract for the goods ordered.

Art. 3 Conclusion of the purchase contract
All offers in the Dortmund-Shop are subject to confirmation. A supply contract is not concluded upon confirmation of receipt of order, but rather when DWD GmbH has sent the customer a contract confirmation by e-mail or made the delivery.

Art. 4 Right of revocation
You may revoke your contractual agreement within two weeks without stating a reason in written form (e.g. letter, fax, e-mail) or by returning the goods. The term begins at the earliest upon receipt of these instructions. The term shall be deemed to have been complied with if the revocation or the goods are dispatched within the specified term. The revocation should be addressed to:
DWD GmbH,
Ernst-Mehlich-Strasse 4a,
44141 Dortmund,
Germany
Fax: +49 (0) 231 5590257,
E-mail: office@DWDNet.com

Consequences of revocation

In the event of an effective revocation, mutually received goods are to be returned and any benefits derived (e.g. interest) to be surrendered. If you cannot return the goods received or can only return a part thereof, or only return them in a deteriorated condition, you must compensate for loss of value where necessary. In the case of returning goods, this does not apply where a deterioration of the goods is exclusively attributable to the normal wear and tear of inspection as is possible in a retail shop. You can also avoid having to compensate for loss of value by not making proprietary use of the goods and not permitting anything that may impair their value. Items that can be sent by parcel post should be returned to us at our cost and risk. Items that cannot be sent by parcel post will be collected from you.

Art. 5 Prices and payment
All prices are given in euros and include VAT. There is an additional flat-rate fee for shipping and handling costs. The types of payment stated in the Dortmund-Shop are accepted.

Art. 6 Delivery, condition of the goods
Deliveries will be made upon receipt of the full purchase price plus the flat-rate shipping and handling fee. Partial deliveries are permitted where this is acceptable for the customer. We reserve the right to make minor, standard changes, in particular improvements, to the goods up to the time of delivery where this does not affect the customers' interests to an unreasonable degree. Minor variances for technical reasons must be accepted.

Art. 7 Compensation
If we do not provide the service due, or if it is provided late or deficiently, the customer may only demand compensation 1. 2. for damages arising from physical injury or hazards to
3. life and health attributable to a willful or negligent violation
4. of obligations either on our part or on the part of one of our
5. legal representatives or agents
6. for other damages attributable to a willful or negligent
7. violation of obligations either on our part or the part of one
8. of our legal representatives, executives or agents, or to a willful
9. or negligent violation of cardinal obligations on our part or on
10. the part of one of our legal representatives, executives or agents;
11. for damages falling under the protection of a
12. guarantee (warranty) we have issued or of any guarantees
13. of the condition or service life of the goods.

Art. 8 Retention of title
The goods remain the property of DWD GmbH until the final payment of the purchase price plus the flat-rate shipping and handling fee, particularly while the customer can reverse the payment.

Art. 9 Set-off and retention rights
The customer may only offset claims which are undisputed or deemed legally final and absolute. The same legal conditions shall apply to the exercising of retention rights by the customer.

Art. 10 Applicable law, legal venue
The place of performance for all obligations of both contractual parties is Dortmund. The laws of the Federal Republic of Germany shall apply exclusively for these general terms and conditions and all legal relations between DWD GmbH and the buyer. The UN agreement on the international purchase of goods and the application of other laws, contracts, etc. is excluded. For all disputes arising from the contract, the court of law responsible for the registered office of DWD GmbH shall be exclusively responsible, where the buyer does not have a general legal venue in Germany or has transferred his legal venue to a foreign country.

Art. 11 Partial invalidity
Should provisions of these general terms and conditions and the underlying contract become legally invalid or unfeasible in whole or in part or subsequently become invalid or unfeasible, this shall not affect the validity of the remaining provisions of the contract and the general terms and conditions. The contractual partners are obligated to replace the invalid provision with another which pursues similar commercial aims to those of the invalid provision. These general terms and conditions are valid without a signature.

2006 DWD - AGB.

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