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General terms and conditions

General terms and conditions (German: „AGB“)
for the mail-order business

Connox GmbH
Eckenerstrasse 3
30179 Hanover / Germany
Tel: +49 (0)5 11 30 03 41 - 0
Fax: +49 (0)5 11 30 03 41 - 99
Email: info@connox.de

Managers: Thilo Haas, Kristian Lenz
Inscibed in the Commercial Registry of Hanover
Registry Number: HRB 60242
sales tax ID: DE220492564

Customer service: weekdays from 8:00 A.M. – 9:00 P.M. (CET/CEST)

hereinafter: "Connox"

Table of contents:
1. Applicability
2. Conclusion of contract, contractual language, order steps, storage of the contract
3. Delivery and shipping provisions
4. Payment terms
5. Price and shipping costs
6. Agreement for the coverage of costs in case of exercising the right of withdrawal for the consumer
7. Instructions regarding revocation rights for the consumer
8. Retention of titel
9. Guarantee
10. Transport damages
11. Liability
12. Data protection and security
13. Disposal, environment protection
14. Final provisions

1. Applicability

(1) The following terms and conditions are applicable for all contracts that are concluded between the customer and the Connox GmbH via the online shop.
(2) In compliance with these terms and conditions, customers can be consumers in accordance with § 13 BGB / German Civil Code as well as entrepreneurs an accordance with § 14 German Civil Code.
(3) A Consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.
(4) An entrepreneur means natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2. 2. Conclusion of contract, contractual language, order steps, storage of the contract

(1) The presentation of goods on the internet does not yet mean a contractually binding offer by Connox. The contract between the customer and Connox only concludes through an order by the customer and the acceptance by Connox. A confirmation of the order reception does not yet resemble an acceptance. In case of acceptance, Connox sends an order confirmation via email or fax. The shipping of the orders articles to the customer equals a formal acceptance statement.
(2) Contractual language is German.
(3) The Customer can place orders in the Connox shop by taking the following steps:
a. by clicking on the button “add to shopping cart”, articles will be placed into the shopping cart without obligation. All articles that have been placed in the shopping cart can be viewed when clicking on “your shopping cart / view your shopping cart”. Here you can delete articles or change the amount, also shipping costs are displayed.
b. If the customer wants to by articles out of his or her shopping cart, he or she needs to click on “checkout”.
c. During the order procedure, customers that are already registered with Connox and who have not been logged in before, may log in with their access data. New customers will be asked to give their order data and to register.
d. Via the button “register now” or “please log in”, one moves forward to the shipping options. Here the customer can choose between the various forms of shipping. By clicking on “continue”, one proceeds to the various payment procedures. Here the customer may choose a way of payment.
e. Before the order is concluded, the customer can control his or her order by clicking on the button “continue”, than he or she is shown all of the order data (in particular invoice address and delivery address, product, purchase price, amount, payment method) . The data may be corrected or changed.
f. By clicking on the button “purchase now”, the order will be sent. Thereby the customer gives his legally binding offer to conclude a sales contract. The information regarding the moment of contract conclusion is to be viewed under the first paragraph of this clause. You can find further information in regards to the order procedure by clicking on “Help and Service”.
(4) The text of the contract will not be saved by Connox and cannot be viewed by the customer after conclusion of the order procedure. The order data and the instruction on the right of withdrawal however are displayed in textform in the order confirmation that can be printed after having received it via email. Connox stores the customer´s order data. Should the customer lose his order documentation, he or she may contact Connox via postal message, email, fax or phone. Connox will be happy to send the customer a copy of the order data.

3. Delivery and shipping provisions

(1) Connox delivers the goods within three workdays after having received the order. Potential exceptions are displayed on the particular product side or result due to different payment methods (please see 4. payment terms). In case of delivery to other countries within the European Union and Switzerland, the deliverer needs up to five additional workdays.
(2) Connox offers standard package shipping or express package shipping. In case of express package shipping, shipping costs amount to 15,00 €.

4. Payment terms

Payment with delivery within Germany may occur by the means of advance payment collect/ cash on delivery, direct debit authorization, PayPal, credit card or invoice (only business customers). Payment in case of delivery outside of Germany occurs via prepayment. In case of payment via invoice, Connox reserves the right to demand a down payment in case of higher order values.

Payment via in advance
In case of payment in advance, Connox sends the goods at the latest on the following workday after having received the complete purchase price on the Connox business account.

Payment via direct debit authorization / credit card
If the customer chooses payment via direct debit authorization or credit card (American Express, Visa and Master Card), the items will be send to the customer immediately. The debt collection on the account or credit card occurs after delivery of the items to the customer.

Payment via credit card with SecureCode
If the customer chooses payment via credit card with SecureCode, the items will be send to the customer immediately. The debt collection on the credit card occurs after delivery of the items to the customer.

Payment via cash on delivery
Should the delivery occur with cash on delivery, the items will be sent to the customer immediately. The customer additionally bears the following cash-on-delivery-fees, in addition to the regular shipping costs: 4,00 € services fee by Connox as well as 2,00 € cash-on-delivery-fee of the postal office.

Payment via PayPal
In case of payment via PayPal, the items will be sent to the customer at the latest on the following work day after Connox has received the purchase price on its PayPal account.

Payment via invoice
The items will be sent to the customer immediately. The amount in the invoice is due immediately without deduction.

Payment in Cash in case of collection by the customer
The customer may also collect his ordered goods from Connox. The payment occurs in cash. No shipping costs arise in case of collection by the customer. The customer is asked to give notice of his visit by phone in advance, so that it can be assured that the goods are in stock.

5. Price and shipping costs

(1) The prices at the time of the posting of the order by the customer apply. All prices shall be in euros and without exception gross, i.e. .they include all price components including all taxes, in particular mandatory VAT. There is no minimum order value.
(2) The delivery- and shipping costs arise in relation to the ordered items and will be calculated from the place of the seller's registered offices. If delivery occurs to a customer outside oft he Federal Republic of Germany, delivery- and shipping costs increase depending on the weight and volume.
(3) In case of delivery outside ogf the European Union, other costs or fees may arise such as taxes, customs etc., that will be paid by the customer.

6. Agreement for the coverage of costs in case of exercising the right of withdrawal for the consumer

Should you exercise your right of cancellation (s. Instructions regarding revocation rights for the consumer under 7.) , you will have to bear the returning costs, if the delivered product is equal to the ordered product and if the purchase price does not exceed 40?Euros or if, in case of a higher price, at the time of the revocal you have not fulfilled your service in return or a partial performance that has been agreed upon by contract. Otherwise, the return shipment is exempt from charges.

7. Instructions regarding revocation rights for the consumer

Conusmers have the right to withdraw from the contract within one months.

Instructions regarding revocation rights

Right of withdrawal:
You can cancel your contractual acceptance within 1 month without notice, in text form (e.g., fax, letter, e-mail) or - if you relinquish the item before the deadline - by return of the item. The deadline shall commence following receipt of this notification in text form, but not prior to conclusion of the agreement or before you have been provided with a contractual instrument, your written application or a copy of the contractual instrument or the application and also not prior to performance of our duties of disclosure pursuant to Article 246 §2 in conjunction with §1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations pursuant to § 312g (1) 1 German Civil Code. Timely sending of the revoca- tion shall suffice to meet the revocation deadline.

Revocation must be sent to Connox GmbH, Eckenerstraße 3, 30179 Hannover, Fax no.: (0511) 30 03 41 - 99
Email: info@connox.de

Consequences of revocation:

In the case of an effective revocation, the mutually received benefits are to be returned and if so derived profits are to be returned. In case you are unable to reimburse us either in total or partially for services received, you are required to offer a compensation of equal value. This does not apply when the usage or deterioration is the result of a usage that exceeds the examination of the product’s correctness and its functionality. "Examination of the product’s correctness and its functionality " means the checking and testing of the particular product like it would be possible and common in a shop. Any merchandise eligible for shipping will be returned at our risk. You will have to bear the returning costs, if the delivered product is equal to the ordered product and if the purchase price does not exceed 40?Euros or if, in case of a higher price, at the time of the revocal you have not fulfilled your service in return or a partial performance that has been agreed upon by contract. Otherwise, the return shipment is exempt from charges. Merchandise not eligible for shipping will be picked up at yours. Duties for the compensation of payments must be fulfilled within 30 days. This period begins for you with the withdrawal from contract or sending of the merchandise, for us with the reception of it.

*End of legal instructions *

Exceptions to Withdrawal from Contract:

The right of cancellation shall not exist for distance selling contracts for the delivery of merchandise which is manufactured according to customer's specifications, for consignments of audio or video recordings or of software if the delivered data medium has been unsealed by the customer, for the supply of newspapers, periodicals and magazines
Please note that the customer has no right to withdraw from the contract in case of deliveries outside of the European Union!

8. Retention of titel

Unless fully paid, the goods shell remain our property.

9. Warranty

(1) If there is a defect in the purchased goods, the legal regulations are applicable. Provided that the customer is a consumer, the period of limitation for statutory claims for defects is two years and begins with the date of delivery, meaning the reception of the goods at the customer´s.
(2) The warranty period for businesses is reduced to one year.
(3) For both business customers and consumers, the restrictions of liability and limitation periods do not refer to claims for damages and claims for reimbursement of expensive which the customer is entitled to assert due to defects in accordance with the statutory provisions pursuant to No. 11.

10. Transport damages

(1) In case of delivery of goods with obvious damages on packages or the commence thereof, the customer shall immediately indicate this to the delivery company as well as contact Connox by phone or other method of communication (email/fax/postal message), so that Connox may claim its warranty rights.
(2) Should the customer fail to complain or contact Connox, he or she shall not lose his offer statutory warranty rights.

11. Liability

Connox is liable for compensatory damages and reimbursement of expanses pursuant to the statutory regulations.

12. Data protection

Detailed information on the data protection can be found under the link data protection.

13. Disposal, environmental protection

Batteries

The delivery of many devices includes batteries, which for example serve to operate a remote control, clock etc. Also in the devices themselves can be fitted batteries. In connection with the sale of batteries or rechargeable batteries or devices that are operated with batteries or rechargeable batteries, we are committed as a dealer under the German Battery Law to inform about relevant rules and obligations:

Standard and rechargeable batteries should not be disposed of along with household waste. As an end user, you are by law to return all used batteries, so that a professional disposal of your old batteries can take place. Batteries of the aforementioned kind can either sufficiently be sent back to us or you can hand them over in our shipping warehouse at no charge under the following address:

Connox GmbH, Eckenerstrasse 3, 30179 Hannover

Our obligation to take back old batteries does only concern those batteries that we have or had in our portfolio as new batteries. Batteries are marked with a crossed-out wheeled bin (similar to the picture below). Batteries that contain more than 0,005 % by mass of mercury, more than 0,002 % by mass cadmium or more than 0,004 % by mass lead, the bin-symbol has additional chemical descriptions underneath, indicating the used pollutant, meaning “Cd” for cadmium, “Pb” for lead and “Hd” for mercury.

Mülltonnen-Symbol

Information about lithium batteries / accumulators:

If you send lithium batteries or accumulators back, we ask you to isolate the + and – contact area with an adhesive stripe to avoid the fire danger.

Old electronic equipment and accessories

In regards to lithium batteries / accumulators please note: When returning lithium batteries or lithium accumulators, the customer is being asked do isolate the batteries contact areas, marked with “+” and “-“, for example with tape, to avoid risk of fire. As a result of the German Electrical and Electronic Equipment Act (“ElektroG”), waste electrical and electronic equipment may not be disposed in the household waste. This rule applies for all electric and electronical devices, no matter how old they are. Also bulbs fluoresce tubes and energy saving lamps are included. You can recognize these devices with their symbol of a crossed out waste bin, similar to the picture above. The symbol is marked on the devices or the packaging.

These devices are taking back at no charge by regions, cities and municipalities. The retraction generally takes place at collection points, furthermore even a collection will be offered. Mostly, existing collection points such as recycling depots are being used.

14. Final provisions

(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions applicable in the states in which the consumers have their normal place of residence continue to apply. As far as dealing with consumers within the European Union is concerned, the law of the residence of the end consumer may also be applicable as far as mandatory legal consumer regulations are concerned.
(2) The scope of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) is precluded, including cross-border deliveries.
(3) The place of jurisdiction for all disputes arising from this agreement is Hannover, if the customer is a merchant, a legal entity under public law or a public special fund entity. If the consumer does not have a place of residence within Germany or the European Union, the place of jurisdiction is also Hannover. Otherwise, the statutory legal venue applies.

Status: 07.12.2012

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