Conditions of Use

Conditions of Auerbacher Erzgebirgs Haus legally represent by Rene Steckert.

Preamble, Applicable Law
Auerbacher Erzgebirgs Haus operates Websites that offer and sell products to customers. These Terms and Conditions are a translation of the Auerbacher Erzgebirgs Haus "Allgemeine Geschäftsbedingungen (AGB)", general terms and conditions that are attached at the end of this document. In case of any disputes between Auerbacher Erzgebirgs Haus and the customer, German law shall be solely applicable, including these German "Allgemeine Geschäftsbedingungen".

1 Choice of products

1. Customers can choose and order products on the Websites
2. Products have product-descriptions that give detailed information to customers
3. Customers can add products to a virtual shopping cart. After having finished shopping the customer is informed about the total price including value added tax (VAT) and shipping costs.
   Note: Customers from outside the European Union are not subject to VAT, but are responsible for payment of all potential duty, sales-tax and import-tax of their country of origin. Potential duty, sales-tax and import-tax are not displayed during the sales process.
4. Before the order is finally placed the customer is able to check prices and quantities. Customers can change quantities and delete products from the shopping cart before the binding order is finally placed.

2 Return Policy / Revocation

1. RIGHT OF REVOCATION
   
   Right of revocation for purchases WITHOUT installment agreement
   
   INSTRUCTIONS ON CANCELLATION
   
   You have the right to cancel this contract within 14 days without giving any reason.The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
   
   To exercise the right to cancel, you must inform us (Auerbacher Erzgebirgs Haus, Neumarkt 19, 08209 Auerbach, Germany, email: info(at)auerbacher-erzgebirgs-haus.com, Telefon: +49 (0)3744 211838, Fax: +49 (0)3744 823581) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. Sie finden das Muster-Widerrufsformular auch auf unserer Webseite www.auerbacher-erzgebirgs-haus.com
   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
   
   Effects of cancellation
   
   If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
   
   RIGHT OF REVOCATION
   
   Right of revocation for purchases WITH installment agreement
   
   INSTRUCTIONS ON CANCELLATION
   
   You can cancel your contract within 14 days without giving any reason. The period begins after conclusion of the contract, but only after you have received all mandatory information according to § 492 paragraph 2 BGB (for example, information on the type of loan, information on the net loan amount (cash price), information on the contract period). You have received all mandatory information if it is contained in the specific copy of your application or in the specific copy of the contract or contract of sale and if such a document has been provided to you. You can subsequently be informed on a durable medium by means of mandatory information not included in the contract text; the cancellation period is then one month. You are to be referred to the beginning of the withdrawal period with the nachgereholten mandatory information again. In order to maintain the cancellation period, the timely dispatch of the revocation is sufficient if the declaration is made on a durable medium (for example letter, fax, e-mail).
   
   The revocation must be sent to: Auerbacher Erzgebirgs Haus, Neumarkt 19, 08209 Auerbach, Germany, E-Mail: info(at)auerbacher-erzgebirgs-haus.com, Phone: +49 (0) 3744 211838, Fax: +49 (0) 3744 823581
   
   Effects of cancellation
   
   Insofar as you have already concluded the partial payment transaction, you must revoke the partial payment transaction within 30 days at the latest and pay the agreed debit interest for the period between the conclusion of the contract and the revocation declaration. The period begins with the dispatch of the revocation. For the period between the conclusion of the contract and the declaration of revocation, an interest amount of EUR 0.25 per day is payable on full use of the installment transaction. This amount is reduced accordingly if the installment payment transaction was only partially utilized. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
   You bear the direct costs of returning the goods.
   
   You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

3 Prices / Shipping costs

1. Prices are valid as shown on the website when the order is processed.
2. All prices are ex warehouse Auerbacher Erzgebirgs Haus and include Value Added Tax (VAT). Shipping and packing is added extra.
3. The amount of shipping costs can be seen in the shopping cart before the order is finally placed.

4 Contract

1. The order by a customer constitutes merely an offer to Auerbacher Erzgebirgs Haus to enter into an agreement. After such an offer was placed Auerbacher Erzgebirgs Haus will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale. A binding contract of sale shall come into being if, when and only to the extent to which Auerbacher Erzgebirgs Haus ships a product and confirms the shipping with a 2nd email (Shipping Confirmation). A contract of sale will not come into being with products that were ordered and are not included in the Shipping Confirmation.
2. If Auerbacher Erzgebirgs Haus is not able to deliver products that have been ordered, particularly if Auerbacher Erzgebirgs Haus suppliers are not fulfilling their obligations, Auerbacher Erzgebirgs Haus can cancel orders or parts of orders. In this case the customer is informed immediately by email.

5 Terms of payment / Conditional sale

1. Auerbacher Erzgebirgs Haus issues an invoice for all ordered products that is either send to the customer by email prior to delivery or together with the delivered goods. The general payment term is payment in advance by credit card or bank transfer (see below for Auerbacher Erzgebirgs Haus bank account). The accepted payment methods can vary depending on the customer's country of origin.
2. Prices stated in the invoice include Value added Tax (VAT) if the products are shipped within the European Union.
   Note: Customer from outside the European Union are not subject to VAT, but are responsible for payment of all potential duty, sales-tax and import-tax of their country of origin.
3. If the customer is a private consumer a delay of payment will result in a default interest of 5% above the base lending rate of the European Union. If the customer is a business customer (company) a delay of payment will result in a default interest of 8% above the base lending rate of the European Union.
4. All products remain property of Auerbacher Erzgebirgs Haus until they are completely paid for (Conditional sale).

6 Liability for defects

1. The Customer has to report any defects of the product immediately to Auerbacher Erzgebirgs Haus. If products are returned Auerbacher Erzgebirgs Haus will cover the shipping costs for customers within the European Union.
2. Liability for defects claims do not exist if
   1. nature and character of deviation is insubstantial
   2. usability is only affected insubstantially
   3. wear and tear of product
   4. product was modified by customer or third party, improperly maintained, repaired, used or exposed to ambient conditions that are not corresponding to the manufacturer’s instructions for use unless the customers provides evidence that the defect was not caused by the above circumstances.
3. Liability for defects only exists if the defect was already existent before passing of the risk.
4. If a defect is existent at the time of the passing of risk, Auerbacher Erzgebirgs Haus can choose between rectification of defects or replacement delivery. All replaced parts become property of Auerbacher Erzgebirgs Haus. If the rectification of defects and replacement delivery fail because the costs would be disproportional or exceed a written set time limit the customer has the right to choose between cancellation of the contract or abatement of the purchase price. If Auerbacher Erzgebirgs Haus has delivered a replacement product the customer has to give back the defect product and pay for potential advantages he had from the product. In case of contract cancellation the customer receives a refund consisting of the original price less the advantages from the usage of the product. The advantage is calculated by comparing the time of usage by the customer to the regular life span of the product.
5. The Liability for defects is limited to 12 months from the time of delivery.

7 Limitation of liability

1. As far as these Terms and Conditions do not state anything to the contrary there are no further customer claims applicable (regardless of reason). In particular,Auerbacher Erzgebirgs Haus is not responsible for any defects that have not originated on the product itself, particularly not for loss of profit or other asset loss.
2. This limitation of liability (1) does not apply if
   1. the cause of the damage was an act of gross negligence or willful intent by Auerbacher Erzgebirgs Haus
   2. Auerbacher Erzgebirgs Haus neglected essential business duties it has to take responsibility for

8 Force majeure

1. If Auerbacher Erzgebirgs Haus cannot render services due to force majeure it is relieved from its duties during the duration of the cause.
2. The customer can cancel the order if Auerbacher Erzgebirgs Haus cannot execute the order for longer than one month.

9 Privacy

The execution of orders is done by electronic data processing. By accepting this document the customers also accepts that personal data is processed that Auerbacher Erzgebirgs Haus needs to correctly ship, bill, and contact customers regarding an order. The customer also accepts that Auerbacher Erzgebirgs Haus gives personal data to business partners needed to fulfill the order (f. e. dispatch and payment).

1. Personal data
   We gather only the information necessary to correctly ship, bill, and if need be, contact you regarding an order.
2. Disclosure of Personal Data to third Parties
   We will disclose data only to our dispatch- and payment partners and only on a need to know basis for them to execute customer orders. Besides that we will neither sell, rent, lease, trade, nor otherwise disclose any of your information to anyone for any reason.
3. Cookies
   Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide all features of our website. Most browsers can be set to prevent them from accepting cookies. However, if you disable the Cookie feature, you will not be able to make use of all features of our website.
4. SSL Socket Layer (SSL)
   A Secure Socket Layer (SSL) is an industry standard used to encrypt information provided online. When you are asked to give personal and credit card information, a SSL will always be in use for your protection.
5. Changing Personal data
   You can change your personal data anytime by logging into your account. For safety reasons, you cannot delete your account by yourself. If you want to get your account deleted or if you have any questions about privacy you can contact us anytime. Please use the Contact form on our website.

10 Final provisions, Governing law, Place of Jurisdiction

If any part of the above provisions should be invalid for violation of mandatory law then all other provisions shall not be touched by this circumstance. Auerbacher Erzgebirgs Haus and the customer will then replace the invalid provision by a valid provision that comes closest to the intention of both parties.
The customer agrees that the laws of the Federal Republic of Germany shall exclusively govern the business relationship between Auerbacher Erzgebirgs Haus and the customer and any dispute of any sort that might arise between the customer and Auerbacher Erzgebirgs Haus. The customer also agrees that for all legal disputes the Courts of Auerbach, Germany shall have exclusive jurisdiction, unless this is prohibited by mandatory law.
Version: January 20th 2017

Geschenkboutique Waibel
Auerbacher Erzgebirgs Haus
Rene Steckert
Neumarkt 19
D-08209 Auerbach

Tel: +49 (0) 3744 211838
Fax: +49 (0) 3744 823581

E-Mail: info(at)auerbacher-erzgebirgs-haus.com
Web: www.auerbacher-erzgebirgs-haus.com

VAT-No.: 223/277/02258
VAT-ID: DE304462483