1. Scope of application
The following Terms and Conditions are valid for all business relations between you as our customer and Olaf Niemeier. They define the only applicable conditions between you and Olaf Niemeier for your purchase in the version at the time the order is placed. Divergent regulations unless they have been agreed in writing or it concerns compelling lawful regulations. These Terms and Conditions apply to consumers according to § 13 BGB as well as for other customers. The irrevocability rule in § 3 below only apply to consumers according to § 13 BGB.
2. Offer, Conclusion of contract
You have the possibility via our website www.chefpicasso.com or www.chefpablo.de , to order and acquire the entered articles via internet from Olaf Niemeier. All offers are subject to change and non-binding, but only a request for submitting offers. As long as you have given the details required for the ordering process and have sent the order, you submit a binding offer to § 145 Civil Code ( BGB). With this order you explain yourself in agreement with the terms and wish to acquire the ordered articles. The receipt of your order will be immediately sent by an email confirmation. This confirmation does not stand for a acceptance of the order, unless we expressly explain to place it. We have the right to accept the order for the offered goods within a period of five workdays after receiving by email or by delivering the goods, otherwise your offer is rejected. You will no longer be bound to it. The text of the contract is saved by us and it will be sent by email along with the present General Terms and Conditions.
3. Notice of cancellation.
Revocation term. You may cancel your contract declaration without providing a reason within 14 days in writing, (e.g. in the form of a letter, email) or – if the goods before the deadline – by returning the goods. The term commences upon repeated deliveries of similar goods, not prior to the receipt of the first partial delivery ) and in any case not before observing our obligations to inform pursuant to article 246 § 2 in connection with § 1jparagraph and 2 of the Introductory Statue to the Civil Code ( EGBGB) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 of the Civil Code ( BGB) in connection with article 246 § 3 (EGBGB). The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The cancellation is to be addressed to:
Olaf Niemer, Lerchenberg 12a, 22359 Hamburg, Phone: 0049 (0) 40 6442 5979, email: email@example.com
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. For the deterioration of goods and drawn use you need only to compensate for the value lost if the use or deterioration of the merchandise has been checked like it is possible in a way that exceeds the test of the characteristics and functional reliability of the goods.
The „inspection of characteristics and mode of operation“ mean the trying out and testing the goods as it would have been possible in a retail. Transportable goods may be returned at our risk. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price of the date of cancellation not yet paid the consideration or the contractually agreed instalment. Otherwise, the return shipment is free for you. you have not provided consideration or a partial payment agreed under the terms of the contract. Not package dispatch capable things are collected from you. You must satisfy obligations to reimburse payments within 30 days. The time limit begins for you when you send your cancellation or the goods, for us, with their reception. End of the cancellation .
The right for revocation according to § 312d sec. 4 no 1 BGB does not exist if the delivered goods were customized according to customer specifications or have clearly been tailored for the personal needs or requirements of the customer or if the goods are unsuitable for return due to their nature or are easily perishable or would be past their expiration date or if the delivery of a contract of software through a data have been unsealed, or for software made available for downloading upon commencement of the software download.
4. Optional information
As part of your revocation, you may voluntarily report a reason for your revocation (you are not required). We take this and other information from you to improve our offer and our services to you at any time. If the delivered items have obvious material or manufacturing defects, which include transport damage, we would ask you to tell us or our distribution company / delivery person immediately. Failing such a claim, however, has no consequences for your legal rights. All during the statutory warranty period occurring defects of the purchased item of your choice are the legal rights to rectification, to rectify the defect / replacement, and - in the presence of the statutory prerequisites - the broader claims to reduction or withdrawal, and in addition to damages, including compensation for the damage instead of the performance and the replacement of your futile expenses. If you are offered a warranty seller, the details are to be taken from the terms of the warranty, which are supplied with the relevant article. Warranty claims are without prejudice to the statutory entitlements / rights. Olaf Niemeier is not responsible for the accuracy of the delivered software. It is simply warranted that the software has been properly recorded on a tested data medium. Excluded from this are preinstalled programs. Extensive warranty obligations do not apply, in particular no warranty shall be provided, that the software supplied meets all requirements of the customer. The customer shall have sole responsibility of choice, installation and use, as well as the intended results. Warranty demands can not be invoked, if the customer or a third party undertakes to ordered objects improper repairs, cleaning, change or other interventions. Warranty is excluded for damages and failure due to human error resp. improper use, exceptional stress or exceptionally long use, insufficient maintenance, unauthorized use by manufacturer/supplier or Olaf Niemeier of accessory components, accessories, expendable items, data transmission facilities and their supply lines, as well as accidents, water damages of all kinds, fire, short-circuiting, lightning and other cases of Force Majeure.
10.1 The liability of Olaf Niemeier for compensation for whatever reason is limited in accordance with this §10
10.2 The liability Olaf Niemeier for damages, caused by Olaf Niemeier or assistant or legal representative intentionally or as the result of gross negligence, is not limited.
10.3 In the event of damage resulting from injury to life, the body or health based on a negligent breach of duty by Olaf Niemeier or a legal representative or assistant of Olaf Niemeier, liability is not limited
10.4 Liability is not lmited either, for damages that result from a serious default of organization by Olaf Niemeier, nor for damages, caused by the lack of a warranted quality.
10.5 In the event of breach of essential contractual duties by Olaf Niemeier, one of his assistants or a legal representative liability is, if not in one of the situations referred to in Articles §10.2. to §10.4, limited to foreseeable damages that are typical to the contract.
10.6 Any further liabilty is excluded. In particular liability without negligence is excluded.
10.7 Liability according to the Product Liability Act shall remain unaffected.
10.8 If a damage is caused by Olaf Niemeier as well as by the customer, the customer must allow his contributory negligence to be taken into account.
10.9 In case of ordering of software the customer is responsible for a regular backup of his data. In event of data loss caused by Olaf Niemeier, Olaf Niemeier is therefore only liable for the costs of copying from the data generated by the customers backup and also for restoration of data, which would have also been lost in case of regular data backup only. for the recovery of data Olaf Niemeier is not liable, if the loss is caused by viruses, trojan horses etc., due to infection through network nodes of telecommunications providers or due to the use of not by Olaf Niemeier authorized applications or data.
11. Reservation of ownership
The delivered goods remain our property over the buyer until the complete payment and settlement of all and any claims resulting from the business, as well as in connection with the subjects of the contract any claims that may have arisen stay property of Olaf Niemeier. The addition of individual receivables to an open account as well as balancing of the account and acceptance of the same do not affect reservation of ownership.
On account of your order your personal data are raised by Olaf Niemeier according to the legal data protection regulations, are processed and used. Please take details from the separate data privacy statement.
13. Vendor information
Olaf Niemeier, Owner: Olaf Niemeier, Lerchenberg 12a, 22359 Hamburg, Tel.: 040 - 6442 5979, E-Mail: Info@chefpicasso.com, www.chefpicasso.com, Umsatzsteuer-ID: DE 267981989
14. Final povisions
14.1. Place of fulfilment for all payments and deliveries ist he residence of Olaf Niemeier.
14.2. The laws of the Republic of Germany shall be applicable. The UN purchase law is excluded.
14.3. The place of jurisdiction for all disputes resulting of contractual relationship is the court at the registered seat of Olaf Niemeier, in the case the orderer is a merchant, a juristic person under public law or a special fund under public law. This jurisdiction clause does not apply to consumer.
14.4. If one or more provisions in these General Terms and Conditions or in the frame of any other agreement should be or become invalid, then the contract as for the rest shall remain valid. As far as the terms are invalid, the content of the contract complies with the legal provisions.
Date: September 2011