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Article n°1: Contract - Applicability
The current general conditions of sale (below named GCS) enforce in an
exclusive way upon trades between
Lorive - Dirk Saager * Kreativer Handl(n)
Rhode-Island-Allee 22
76149 Karlsruhe
Germany
below named "the seller"
and the author of the order
below named "the purchaser" or "customer".
Any demand opposite to these GCS will be rejected unless the seller was
expressly informed of it by a letter of the purchaser and that the seller had
recognized applicability.
The seller can modify the present GCS. These modifications will be published
through email.
The purchaser agree with the present GCS without any restriction nor reserve by
placing order through email, phone or fax. If the purchaser doesn't accept
these GCS, he is requested not to order.
The purchaser can simply, freely and constantly consult these GCS by requesting
the terms/conditions directly from the seller (Lorive Dirk Saager).
Article 2: Order and Products
Order consists in purchasing one or several products/services from the seller
via email, fax or phone by a customer. An order is contracted when the
purchaser select the wished products, record the information of delivery and
billing, choose a delivery and a payment method and pay the corresponding
amount.
When the purchaser confirms his order by sending an email, fax or placing phone
call he fully accepts the GCS without reserve. A summary of the delivery will
be sent to the e-mail address of the customer. This message is worth acceptance
of the order and it validates the transaction.
Lorive Dirk Saager display on its web site products to be sold.
Characteristics of them are shown. However information could be incomplete or
could not meet the purchaser/user requirements. But this one can send a message
to
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to require additional information on products before
proceeding to the purchase. The purchaser is responsible for the choice and the
purchase of a product.
The seller is not responsible for damages due to a bad use or conservation of
the products.
Lorive Dirk Saager can cancel orders from a customer with whom there would be
a litigation on the payment of a former order or whom would be risky or
fraudulent.
Article 3: Availability
The seller does his best to ensure availability of the products. But they are
sold within the limit of stocks.
Any indication on product availability (quantity available) is provided to the
customer at the time of the order. If in spite of the vigilance of the seller,
the products are out of stock after the order, the seller will inform the
purchaser by mail or e-mail as soon as possible.
Then the customer will be able to ask for the cancellation or the exchange of
his order.
Article 4: Price
The prices are indicated in US$. They do not included carriage and treatment
costs. The seller can constantly modify the prices. But he must sell products
at the displayed prices during the order process.
All prices are indicated in US$ with a 2 decimal rounding. They are converted
for information in other currencies. It is just an indicative rate. This rate
could be different from the one enforced at the time of the invoice.
Lorive Dirk Saager can not be responsible for mistakes in the used conversion
system, nor for any difference between the estimated total amount of the order
and the amount of the invoice. The seller can instantaneously add all new taxes
or rate increases.
Article 5: Customs
Customs duty:
The taxes of customs or taxes of importation must be paid as soon as the
products reach the country of destination. The purchaser must discharge any
additional tax. The seller does not have any control on these taxes and can't
forecast them. Custom policies strongly vary from one country to another.
Lorive Dirk Saager invites the purchaser to contact his local custom office
for further information.
Article 6: Delivery
Lorive Dirk Saager will make its best to deliver orders within the shortest
time.
The delivery is made to the given address. The purchaser is responsible for
giving all necessary information for the good routing of the parcel. He is
responsible from the time the ordered products have been shipped. Delivery
periods are given only as an indication and correspond to the average times of
conveyor treatment for each country. In case of transfer payment, the order
treatment will start from the payment reception. The deadlines will run from
this time.
In case of articles that will be deliverable on different dates, the delivery
period is based on the longest period. But the seller can split the deliveries.
The treatment and forwarding fees are invoiced once.
The delivery cost is calculated according to weight, destination of the parcel
and options subscribed. These costs are only valid during the order process.
If the received products are damaged during the transport, the purchaser will
have to indicate it on the delivery receipt of the conveyor, sign it and refuse
the parcel. Then, as soon as the seller receives the parcel in his origin
packing, he will return new products to the purchaser. The purchaser must
announce the delivery issue at least in the two wrought days after the
delivery, by addressing an e-mail to
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If ever the received product doesnt correspond to the ordered one, or if a
product is missing, the purchaser will have to indicate it on the delivery
receipt and declare it to the seller at the latest two wrought days after the
delivery.
Lorive Dirk Saager can't be responsible for cases of absolute necessity
(strikes, floods, fire, etc (no exhaustive list)).
If a parcel is not asked for and returned to Lorive Dirk Saager, the customer
could receive his parcel again by paying again conditioning and carriage costs.
Article 7: Payment
Payment is immediately eligible to validate the order.
Secured Paypal payment :
Lorive Dirk Saager offers payment using Paypal (www.paypal.com).
Bank transfer payment :
The purchaser can pay by international bank transfer. Lorive Dirk Saager IBAN
account number will be given during the purchasing procedure. Once the payment
is received, parcel will be shipped.
Article 8: Property
Delivered goods will remain the property of the seller until the purchaser has
filled all his obligations and in particular until the integral payment, with
interests if necessary. This reserve of property fit the transfer of the risks
which are the responsibility of the purchaser from the date of the shipment of
the ordered products.
Article 9: After-sales service
Purchaser can return products fourteen days after the delivery. He can ask for
an exchange or a refunding, but he must pay the return fees.
Returns need agreement of the seller. If the product will fill the requirements
to obtain refunding (complete, packed and in a perfect state of resale
products,),the money paid will be refunded. The purchaser will be responsible
for carriage costs.
The returned items must be in their original package, accompanied by a copy of
the invoice and must be sent to:
Lorive Dirk Saager
Rhode-Island-Allee 22
76149 Karlsruhe
Germany
Damaged, incomplete or dirty items won't be refund.
At the end of this 14 days deadline, the products are considered in conformity
with the order and accepted by the purchaser.
Article 10: Personal data protection
All personal data is given only to treat orders.
The customer can receive proposals or information about offers from the seller,
via e-mail or via mail. If the purchaser does not wish it, he should inform the
seller not to.
By adhering to the GCS, the purchaser has taken into account this policy of
personal data protection and authorizes the seller to collect and use these
data.
Article 11: Responsibilities
Presented products are conform with the German legislation. Responsibility of
Lorive Dirk Saager could not be charged in the event of no respect of the
country legislation where the products are delivered. It is up to the purchaser
to check possibilities of importation or use of the ordered products.
Pictures and texts illustrating products are not contractual. Consequently,
Lorive Dirk Saager is not responsible for errors in one of these pictures or
texts.
Lorive Dirk Saager can't be responsible for the in execution of the contract
in the event of unavailability of the product, consequent to flood, fire,
all-out or partial strike in particular with the mail and transport services.
Lorive Dirk Saager can't be responsible for damages consequent to trading
losses, loss of profit, loss of chance or expenses.
Lorive Dirk Saager set up some hypertext links towards other sites. It can't
be responsible for contents of these sites if they would contravene the
legislation.
Lorive Dirk Saager can't be responsible for the nature of the products or for
the advices. The purchaser/the user acts under his own responsibility.
Article 12: Laws and legislations
The contract is governed by the laws of Germany and the German courts of
Karlsruhe shall have the non-exclusive jurisdiction to resolve any disputes
arising out of or under it. The language of this contract is English.
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