Ds3524 disk options trading16 comments
Zahlung per kreditkarte auf opzionibinarie
An Entrepreneur as defined in s. Any Customer terms and conditions deviating from the above do not apply unless the Seller has agreed to them in writing. Individual agreements take precedence over these Terms and Conditions. Forwarding charges and transport risk 3. The goods are principally delivered ex works. In derogation of item 3. The Customer bears the risk of loading and transport. Any transport insurance is not effected, unless it has expressly been agreed upon at the Customer's request and expense.
Self-delivery reservation and partial delivery 4. The Seller's delivery obligation is subject to punctual self-delivery. Should delivery difficulties arise that are not the fault of the Seller, although a covering transaction has been entered into, the Seller reserves the right to withdrawal. The Customer will be informed immediately of that and the Seller may suggest the delivery of a comparable product, as appropriate. If no comparable product is available or if the Customer does not want the delivery of a comparable product, the services provided up to this point are to be reimbursed immediately.
He shall bear the additional expenses that so arise. The Seller reserves the right to set an extension for acceptance of ten 10 working days. If the second acceptance also fails, the Seller is entitled to withdrawal. The Customer is permitted to prove that no damage or only slight damage occurred.
Price, default and prohibition of set-off 6. The prices given in the sales documents are net prices and are applicable plus the legal value-added tax and the incurred packing and shipping costs. The Seller's general price list applies in its current version.
Packing and shipping costs are considered as agreed according to the current price list. The deduction of a cash discount is admissible only if it has been agreed in writing. The Customer may exercise a right of withdrawal only if it is based on the same contractual relationship.
Warranty The warranty term is one year starting from the date of delivery of the object. The rights of the entrepreneur following from the sections , of the German Civil Code shall not be affected by this. The reduction of the warranty term to one year does not apply, if the compensation obligation is based on bodily harm or damage to health resulting from a defect for which the Seller is responsible or on gross default of the Seller or his agents.
Notification of defect s If the Customer is a merchant as defined in the German Commercial Code HGB , he shall inspect the goods upon delivery or handing over and, if a defect is found, shall notify the Seller immediately, but no later than one week after receipt of the goods.
If the Customer fails to submit such notification, the goods will be considered as approved, unless the defect is one that could not be detected on inspection. If such a defect is detected later, the notification must be made immediately after its detection; otherwise, the goods will be considered as approved even in view of this defect.
If the Seller enters into a discussion about a complaint, that does not in any way constitute a waiver of the objection of a delayed, insufficient or unfounded notification of defect s. If the Customer demands supplementary performance, the Seller may either remedy the defect or deliver or manufacture a non-faulty contractual object. Retention of title 9. The goods remain the property of the Seller until complete payment is made for all receivables arisen from the business relationship.
The Customer is obliged to treat the purchased object with due care prior to the transfer of title to him. The Customer shall provide information immediately in writing if the delivered object is seized or subject to other encroachments by third parties as long as the property title has not passed. The Customer reserves the right to resell the goods being subject to the retention of title in the normal course of business.
The Customer assigns as early as now to the Seller the receivables arisen from the resale of the goods being subject to the retention of title to the amount of the unpaid purchase price claims.
This shall also apply if the purchased object is processed and then resold. The Customer retains his right to collect the claim even after the assignment. The power of the Seller to collect the claim himself shall remain unaffected. As long as the Customer continues to meet his payment obligations,and there is no default and application for the opening of insolvency proceedings has been filed against the Customer or there is a cessation of payments, the assignment is, however, not revealed and the claim is not collected.
Limitation on liability The Seller is fully liable for damages resulting from intent or gross negligence. In cases of simple negligence, the Seller is liable only if he has violated an obligation the fulfilment of which makes the due performance of the agreement possible in the first place and in the compliance with which the Customer may trust cardinal obligation.
Otherwise, liability in the event of simple negligence is excluded. Should the Seller be held liable in accordance with item The above liability exclusions and limitations do not apply as far as a warranty for the quality of the product or the service has been provided or a defect has been maliciously concealed. Furthermore, the Seller is fully liable for damage to life, body, and health. Binding deadlines need to be set in writing.
The failure to meet a delivery deadline gives the Customer the right to withdraw from the contract only if the Seller is expressly notified by the Customer no later than on conclusion of the contract that a later performance would no longer make any sense for the Customer and the performance would after that no more constitute any fulfilment of the contract absolute transaction for delivery by a fixed date. In the event of non-compliance with a delivery deadline, the Customer has to grant the Seller a period of 4 weeks for delayed delivery.
Only after expiry of this period without result, the Customer has the right to withdraw from the contract. The Seller is not responsible for delays in performance resulting from Force Majeure telecommunications responsibility e. In such a case, the Seller is entitled to make up for the respective performance within a period that is equal to the duration of the hindrance plus an appropriate start-up period.
The Seller will immediately notify the Customer of delays in performance resulting from Force Majeure. Resale to end consumer Any resale by the Customer is admissible only to final consumers. The Customer is not entitled to resell the contract goods to resellers. The Customer has to examine the orders and to ensure that no larger quantities are sold to an individual customer, which would be indicative of a planned resale.
Promotional partners having been named expressly as such by the Seller shall be exempted from the restriction of the items Brand quality standard The Customer is obliged to maintain the high quality standard of the TITAN brand when presenting the contract goods and in external presentation as well as when providing service for the final consumer.
The Customer shall employ staff trained for this purpose for the sale of the contract goods in order to ensure the best possible quality service. Contractual language, applicable law The contractual language is German. Written form clause Any changes or additions to this agreement must be made in writing.
This also applies to changes of this written form clause. Place of performance, jurisdiction agreement Hamburg, Germany is the place of performance.
As place of jurisdiction, Hamburg is considered as agreed upon between the parties. Severability Clause Should one of the above stipulations be deemed entirely or partially ineffective due to legal provision, regulations or amendments of a law, all other stipulations remain unaffected by this and continue to be fully applicable.