Legal Right of withdrawal for our mail order customers:
General Terms of Business for contracts with mail order customers.
Content
- Conclusion of a contract
- Formation of a contract
- Terms of payment and delivery
- Warranty, Guarantee, Liability
- Reservation of proprietary rights
- Legal forum
- Personal Data Protection
- Legal rights of withdrawal
- Aftereffects of withdrawal
- Contract Partner
1.) Conclusion of a contract
The business relation between CEA GmbH, In Tenholt 47, 41812 Erkelenz,
represented by its managing director Rolf van Helden, and our
customers, take place exclusively on the basis of these General Terms
of Business. Opposing or deviating from these Terms and Conditions, CEA
Cycle Equipment Abe GmbH does not recognize, and explicitly rejected
them! Any terms and conditions of the customer are only valid if CEA
Cycle Equipment Abe GmbH expressly approved in writing.
2.) Formation of a contract
The conclusion of the contract takes place in the name of and on behalf
of CEA Cycle Equipment Abe GmbH, In Tenholt 47, 41812 Erkelenz
(Registration Court AG Erkelenz HRB B 8586; Tax-Id-No. DE 122 385 917),
represented by ist managing director Rolf van Helden, and exclusively
on the basis of these General Terms of Business.
The presentation of products in our online shop is not a legally
binding offer, but is an non binding online catalogue. After entering
your personal data and by clicking the button "confirm order" in the
final step of the ordering process, you make a binding order for the
goods your basket contained. The confirmation of receipt of the order
follows immediately after placing your order. The sales contract
agreement is done by sending the delivery confirmation or by delivery
of the goods. You are no longer bound to your order, if you don't
receive within 2 weeks the delivery confirmation or the delivery.
3.) Terms of payment and delivery
You can pay by transfer in advance and by Paypal. Delivery terms and
conditions are ex works, this means all transport costs and cost of
packaging have to be beared by customer.
Forwarding charges differs from countries:
Germany € 3,95 per delivery
Denmark, Belgium, Netherlands, Luxembourg, Austria only for € 5.95 per delivery
Sweden, Finland, Great Britain, Spain, Italy only for € 9.95 per delivery
Zypress, Czech Republic, France, Greece, Hungary, Ireland, Poland, Portugal only for € 14.95 per delivery
Estonia, Lithuania, Latvia, Malta, Slovenia, Slovakia, Romania, Bulgaria by only € 19.95 per delivery
Excluding isles and non EU-Countries 75
We deliver free of costs if the order amount is about € 75,00!
4.) Warranty, Guarantee, Liability
(A) Warranty: If the goods are defective at the time of transfer to the
buyer, the buyer may at his option demand the repair of the defect or
the delivery of a defect-free item as a supplementary performance. We
have the right to reject the type of supplementary performance selected
by the buyer, if it is only possible at unreasonable expense. The
buyer's warranty rights comply with the legal specifications. The legal
warranty term amounts two years and begins with the delivery of the
purchase item.
(B) Guarantee: We are additionally liable for manufacturing and
material defects in the purchase item that first appear within the
period of two years from the date of delivery. In this case, we have
the right to select either the repair of the defect (remedy) or
replacement. Defects occurring within the guarantee term as a result of
typical wear and tear or excessive strain (fall, etc.) are exempted
from the guarantee. The guarantee does not apply to claims exceeding
that period. The buyer's legal guarantee rights to supplementary
performance (remedy, replacement), compensation or withdrawal are not
limited by this guarantee.
(C) The original purchase documentation is required for the assertion
of guarantee or liability claims. The opportunity to otherwise prove
the purchase of defective goods from us remains unaffected.
(D) Guarantee Performance and/or Guarantee claims are to be asserted
against the company CEA Cycle Equipment Abe GmbH, In Tenholt 47, 41812
Erkelenz.
§ 5 - Liability
(E) We are not liable for contractually atypical or unforeseeable
damages. Claims resulting from malicious intent or defective title,
claims based on wilful or grossly negligent acts, and those damages
that are compensable pursuant to the Product Liability Act remain
unaffected by the above.
5.) Reservation of proprietary rights
We reserve the proprietary rights to the purchase item up until the complete payment from the contract.
6.) Legal forum
The Law of the Federal Republic of Germany applies to all contracts
formed with us. The Vienna-UN agreement on the international purchase
of goods is excluded.
7.) Personal Data Protection
We store and transmit personal information about the customer solely
for the processing and settlement of its order.
Regard to the determination of the Federal Data Protection Act we are
committed to comprehensive protection of personal data to the
customers.
Detailed information about the handling of data, you can consult our
"Personal Data Protection" Policy.
8.) Legal rights of withdrawal
You may return the received goods without giving any reason within 14
days. The 2 weeks begin upon receipt of this Returns Policy in writing
(e.g. letter, fax, e-mail), but not before the recipient receives the
goods (in the case of repeat delivery of similar goods, not before
receipt of the first part delivery), and not before we have fulfilled
our duty to inform pursuant to article 246 § 2 in combination with
§ 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil
Code), and our duties pursuant to § 312e para. 1 clause 1 of the
German Civil Code (BGB) in combination with article 246 § 3 EGBGB.
You may only exercise your right to return goods by written collection
request in the case of such goods that cannot be sent by parcel service
(e.g., bulky goods). To meet the deadline, it is sufficient to dispatch
the goods or your collection request in time. In any case, the return
of the goods is at our expense and risk. The return consignment of
goods or collection request must be sent to:
CEA GmbH
Rolf van Helden
In Tenholt 47
41812 – Erkelenz
E-Mail: info(at)cea.de
9.) Aftereffects of withdrawal
In the event of effective return, the performances received by both
parties shall be returned and any benefits enjoyed (e.g., benefits of
use) shall be surrendered. Should you be unable to return the rendered
service either in full or in part or only in deteriorated condition,
you may be liable to pay compensation in this respect. When
surrendering goods, this does not apply if said goods have been
devalued solely by inspection - as would be conceivable, for example,
in a retail outlet. Furthermore, you can effectively avoid having to
pay compensation for degradation as a result of using the item for its
intended purpose by not treating the goods as if they were your
property and avoiding doing anything that could reduce their value.
Obligations to refund payments must be fulfilled within 30 days. The
30-day period begins for you upon despatch of the goods or the
collection request; for us, upon receipt.
10) Contract Partner
CEA Cycle Equipment Abe GmbH, In Tenholt 47, 41812 Erkelenz
represented by ist managing director: Rolf van Helden
Fon: +49 (0) 2431-9699-0
Fax: +49 (0) 2431-9699-19
Email: info@cea.de
Tax ID No.: DE 122385917
HRB B 8586 , Registration Court AG Erkelenz
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