General Terms and Conditions

General terms and conditions for the mail order company

Managing directors: Thilo Haas, Kristian Lenz
District court Hannover HRB 60242
USt-ID: DE220492564

Customer Care: on working days from 8:00 o’clock – 18:00 o’clock

Hereafter named "Connox"

Contents:

Preamble
1. General applicability
2. Offer and conclusion of the contract
3. Shipping and handling conditions
4. Payment conditions
5. Prices and shipping costs
6. Set-off and right of detention
7. Costs contract
8. Retention of title
9. Guarantee
10. Transport damages
11. Liability
12. Data protection and security
13. Disposal
14. Final provisions

Preamble

Connox offers a variety of goods for sale through a catalogue and the Internet. The following general terms and conditions are valid for mail order business via the channels of distribution "Postal order", "order by Telefax" and "order via Internet" in relation to an order in written form or order through telephonic contact.

1. General applicability

(1) These general terms and conditions are the basis for all deliveries and performances. The relevant version is applicable for the particular contract conclusion. With the order, at the latest with the acceptance of Connox' performance does the customer accept these general terms and conditions.
(2) Customers within these conditions can be both: end users according to § 13 BGB as well as companies according to § 14 BGB.
(3)End user means every natural person that concerns a transaction for a purpose excluding commercial and independent businesses.
(4)Company means a natural or juristic person or a legally responsible partnership that exercises industrial property or independent businesses while concerning a transaction.
This terms of conditions are also valid for juristic persons of public law or public special estate according to § 310 section 1 sentence 1 BGB.
(5)Orders and delivery are basically possible in Germany, a member state of the European Union or Swiss. Delivery in other countries are possible with individual arrangement.

2. Offer and conclusion of the contract

(1)The product presentations in the catalogue and on the website are not yet to be seen as an official contract offer. The contract is concluded through an offer to order of the customer and the acceptance and willingness to deliver of Connox. A confirmation of the order reception cannot be seen as the official acceptance, which will occur through an additional order confirmation, to be sent by Connox either via Email or Telefax. The sending of the ordered product is to be seen as an explicit order acceptance.
(2)The contract conclusions are currently only possible in German language.

(3) A customer can orter products in the Connox shop by the following steps:
a. By clicking “add to cart”, articles are placed in the shopping cart non-binding. All articles that have been placed in the shopping cart can be viewed later by opening the shopping cart. Articles can be deleted or their number changed in there, and the shipping costs are also detailed in there.
b. If articles of the shopping cart are going to be bought, the purchase process is continued by pressing the “checkout” button.
c. Customers that have an account at Connox have the possibility of logging in then. New customers are asked to register and to enter their order information step by step.
d. On the “continue” button one moves on to the shipping options. Afterwards, with another click on “continue” comes the payment site.
e. Before the order is sent, the control site comes after another click on “continue”. There are all data again (especially important for invoice and delivery address, products, price, amount, payment) of the planned order in an overview. Information can be corrected one last time.
f. By pressing “send order”, the purchase contract is officially done and binding. The information about the exact moment of the contract is displayed in the first paragraph of this explanation. Further information about order processes are on the pages “Help and Service”.

3. Shipping and handling conditions

(1) If the customer is a processor, the risk of accidental aggravation or destruction is passed on the processor in case of handing over, as well as in case of shipping and handing the product over to the shipper, the carrier or another person in charge of the shipping process.
(2) If the customer is an individual consumer, the risk of accidental aggravation or destruction is passed either when handed over by Connox or by the shipper, carrier or person in charge of the shipping process. Default of acceptance is to be seen equal to handing over the product.
(3) Connox delivers the ordered products within three working days after the income of the order. Possible exceptions are noted on the according product pages or occur because of determinate payment methods (more information at point 4).

4. Payment conditions

Payment for deliveries in Germany can be made via payment in advance, surname, debit note, Pay Pal, credit card or invoice (for processors only). Payment for deliveries in member countries of the European Union as well as Switzerland can be made via payment in advance only. In case of payment via invoice, Connox remains the right to ask for a down payment.

Prepayment
Connox sends the product at the last one day after the prepayment of the complete price enters Connox’ account.

Debit note / Credit card
If the customer choses to pay with a debit note or with his credit card (American Express, Visa and MasterCard), the product will be sent to the customer immediately. The debit note or the charge of the credit card follow after the sending of the product to the customer.

Payment per surname
If the delivery occurs with a surname sending, the product will be delivered to the customer immediately. The customer is also responsible for the possible package and delivery costs partly: 4,- service amount from Connox as well as 2,- surname amount from the post office.

PayPal payment
The product will be sent at the last one day of work after the payment entered the Connox account.

Invoice payment
The products will be sent to the customer immediately. The invoice amount is payable immediately and without deductions.

5. Prices and shipping costs

(1) The displayed price of a product is valid in the very moment of the order. All prices are in euros and are without exception gross prices, including taxes, especially VAT. There is no minimum order value.
(2) Prices are valid without wrapping, freight, shipping or transport costs if not concerted otherwise. The shipping and handling costs which relate to the amount of ordered products and the displayed product description arise from the place of business of Connox.
(3) In case of delivery outside of the European Union, especially of Switzerland, the customer is responsible for the proper way of customs clearance.

6. Set-off and right of detention

If you use the right of withdrawal (watch cancellation policy), you will have to pay the return if the delivered product is the one you ordered, and if the price of the returning sending product is less than 40,00 euros or by a higher price of the thing at the moment of the withdrawal, you haven’t paid a contract-fixed partly amount. Otherwise the resending will be free for the customer.

7. Cancellation policy for the user
End-users have one month of time for cancellations.

Cancellation policy

Cancellation right:

Cancellation right:
You can cancel your contract explanation within 1 month without the necessity of explaining reasons in a written form (for example letters, faxes or Emails) or –if you received the objects before the month has passed- by sending them back as cancellation. The time limit begins at the reception of these conditions in a written form, but it doesn’t before the products didn’t reach the receiver (if there are more equal products, it will not begin before the first product arrived) and it won’t begin before the fulfill of our information obligation according to Article 246 § 2 in communication with § 1 section 1 and 2 EGBGB as well as our duties according to § 312e section 1 sentence 1 BGB in communication with Article 246 § 3 EGBGB. To keep the cancellation time limit it is sufficient to send the cancellation or the object in time.

The cancellation is to direct to:
Connox GmbH, Eckenerstrasse 3, 30179 Hannover, Telefaxnumber: (0511) 30 03 41 - 99, Email: info@connox.de

Cancellation consequences:

In case of valid revocation, mutual efforts as well as possible benefits are to be refunded. If the individual customer cannot return the product in a proper condition, Connox may claim damages and at least compensation; this will not occur if the damages are product related. Furthermore, the individual consumer can avoid damage fees by not using the product like an owner and avoid doing everything that could affect the product in a negative way.

Items suitable for delivery by parcel are to be returned on our risk.

The individual has to pay for the transport costs, if the delivered product equals the ordered product and if the order volume is not higher than 40, - EUR or if the individual consumer has not fully or partly reciprocated in case of a preconcert higher order volume. Otherwise, the return of the product is exempt from charges. In this case, Connox refunds the transport costs as well as the purchase price.

Responsibilities of returning payments have to be fulfilled within 30 days. The time limit begins with the sending of your cancellation or the object; for us with their reception.

*End of the cancellation explanation*

Exception of cancellation:
The right of withdrawal doesn’t exist at distance contracts

• to deliver objects that were prepared after customer specifications,
• to deliver audio or video records or of software if the data-carriers were unsealed by the customer,
• to deliver newspapers, magazines and journals.

We ask for your understanding that there is no right of withdrawal outside of the European Union!

8. Retention of title

The product will be the property of Connox until the customer pays the whole price.

9. Guarantee

(1) As far as nothing else occurs regarding the following sections, the guarantee accords to the legal regulations. The extension period for legal claims of defects is two years for the user and begins on the date of the delivery, which means when the user receives the product.
(2) The warranty of contractors is restricted to one year.
(3) For customers and companies, the warranty and barred limitations don’t refer to damage and compensation of expenses that customers can claim for according to legal rules of defects after form number 11.

10. Transport damages

(1) If products with obvious damages are delivered, the customer is obliged to notify the carrier service immediately and to refuse the acceptance of the product as well as immediately to notify Connox either by phone, telefax or mail, so that Connox may protect its rights to satisfy claims against the carrier service.
(2) If you neglected to make such a claim or to contact us, the customer’s legal warranty claims won’t have consequences.

11. Liability

(1)Connox shall be fully liable for life, health or body damages, in every legal reason, that result from negligence, intentionally, from malice or guarantee promises and if liability necessarily follows legal obligations, such as the Product Liability Law.
(2) Connox is also liable for damages that are caused by negligence as far as fundamental breach of contract is concerned. Connox is only liable for damages that are predictable, contractually typical and/ or direct average damages. In case of a simple case of negligence concerning a duty outside of the primary contractual obligations, Connox is not liable to processors. To individual consumers, Connox is only liable for damages that are predictable, contractually typical and/ or direct average damages. Liability for indirect damages, particularly loss of profit, is merely applicable in case of intent or gross negligence by Connox.
(3) The previous paragraphs are also considered since the liability refers to legal representatives, leading employees and other vicarious agents, affected by Connox.

12. Data protection and security

(1) Connox saves orders. If the customer shall loose his documents about his order, he can write or call Connox for a replacement. Connox will send a copy of the documents of the order of desired.
(2) The customer agrees that all data concerning him and the contract with Connox may be saved electronically. The data will be passed on only to people/ companies that are involved in the order process, such as for example the carrier or the attorney. Personal data will be treated confidentially. The transfer of your personal data will be carried out through our online shop using an SSL-connection.
(3) Find more details about data protection on the “Data Protection” note.

13. Disposal

Batteries

There are batteries included in the delivery package of many products, such as remote controls, clocks, etc. Also in the very devices there may appear batteries or accumulators. In connection to the delivery of this batteries and accumulators Connox would like to point out (according to the batteries law):

Batteries and accumulators shouldn’t be disposed in the home-own bin. More, you as end user are obliged to bring back old batteries so that they can be correctly removed. You can give your ancient batteries back to us if you wish of directly to our shipping warehouse:

Connox GmbH, Eckenerstrasse 3, 30179 Hannover

Our obligation of taking back is only directed to ancient batteries that we had or still have in our assortment as new batteries.

Batteries are marked with a “crossed bin” (similar, among other pictures). Batteries that have more than 0.0005 mass percent quicksilver, more than 0.002 mass percent cadmium or more than 0.004 mass percent lead have the chemical naming of every pollutant under the crossed bin – “Cd” = Cadmium, “Pb” = Lead and “g” = Quicksilver.

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.

Ancient devices, electric scrap

After the electro and electronic law (ElektroG), ancient devices shouldn’t be disposed in the home rubbish. The regulation includes all electronic devices, no matter how old they are. Also illuminants, fluorescent tubes and energy saving lamps. This devices are recognizable by a crossed bin- similar to that one on batteries. The symbol is on the devices or the package.

The devices are taken back (for example by the city and communities) for free. This occurs at collection depots (recycling depots) and also collectors would come to you.

14. Final provisions
(1) The law of the federal republic of Germany is exclusively applicable. Essential prescriptions of the particular country that the customer resides in excluded. Regarding contracts with users inside of the European Union, the rights of residence of the user are legally valid as far as it relates to specific consumer rules.
(2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly not applicable. This is valid also concerning transnational deliveries.
(3)Place of fulfillment is Hanover, Germany, if nothing else has been agreed on explicitly. Place of jurisdiction is Hanover for all the customers that are processors and/ or corporate bodies of public law, also if they don’t reside in Germany or the European Union. In all other cases, the place of general jurisdiction is applicable.

Status: 12.12.2012

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