Terms & Conditions
The following terms and conditions apply to the business relations between Remember Dresden/Juliane Martin and their customers in respect of the “Online Shop in the Internet”. Differing agreements, addendums as well as promises etc are only applicable if confirmed in writing by Remember Dresden, and only with regard to the order to which they refer.
Right of Cancellation relating to Distanced Sales Contracts (German Federal Basic Law Code –BGB- § 312b)
- The consumer (BGB § 13) has the right of cancellation regarding distanced sales contracts (BGB § 355). According to the law he has the possibility to cancel the contract without giving reason within two weeks of receipt of goods. The cancellation can take place in writing or by return of goods; it is sufficient for these purposes to return the goods within the allotted time period to Remember Dresden, An der Frauenkirche 13, 01067 Dresden. Differing agreements, addendums as well as promises etc are only applicable if confirmed in writing by Remember Dresden, and only with regard to the order to which they refer.
- When exercising the right of cancellation, the consumer pays for
return postage costs up to an order value of 40€. Please note the
following with regard to cancellations for orders of 40,01€ value or
- §6 to be taken into account when returning the goods
- damage to goods are not dealt with by the I-V-GmbH, but by the transportation company (Post office or return carrier)
- please include a copy of the invoice for goods with returning goods
- Reductions in the value of the goods caused by usage are to be reimbursed by the consumer unless the reduction in value has taken place only on examination of the goods. Reduction in value can be avoided if the customer only removes the goods from the packaging for the purposes of examination of the goods and does not use the same.
- A right of cancellation is generally not granted with regard to software, software licences and DVDs where the seal has been broken.
Solely German law is applicable, and this excludes the uniform UN sales contract law, even should the customer have his company or place of residence abroad.
§ 1 Conclusion of contract
The prices quoted by Remember Dresden in advertisements and catalogues as well as any other offers are open and non-binding, unless otherwise stated in writing. The customer is bound by written of telephone orders for 14 days. The conclusion of contract occurs at the start of the fulfilment or the confirmation of the order within the expiry of this stipulated period. A conclusion of contract comes in to force with the execution by Remember Dresden of the order. The automatic confirmation of the receipt of the order is not sufficient hereunto.
§ 2 Prices, Price Alterations, Conditions of Payment
- Our prices are inclusive of German value added tax (sales tax)
- For the postage of our goods within the Federal Republic of Germany we charge the customer for each order an additional postage and packaging charge of 5,95€. For the postage of our goods to an address not in the Federal Republic of Germany we charge the customer additionally the actual postage costs.
- In the case when between the time of the conclusion of contract and the delivery, ( or in the case of the express wishes of the customer for a delay in the postage of the goods ), the provision of the ordered goods takes place longer than a time period of six months, then the price of the goods at the time of delivery or provision applies. If , on an individual case basis, the price is higher by a greater margin than ten per cent of contractually agreed price of the article concerned, then the customer is within his rights to withdraw from the contract. The right of cancellation does not apply if it is not exercised within one week of receipt of our notification of the price of the article applicable at the time of delivery or readiness of provision.
§ 3 Payment
If the customer does not fulfil his payment obligations, stops his payments, or a bank refuses to accept a cheque or a transfer, then all demands of the supplier or his subsidiary vis-à-vis the customer apply and are liable for immediate payment irrespective of any previous deadlines. The same applies when circumstances regarding the customer’s lack of creditworthiness become apparent.
As far as not otherwise agreed in writing, the delivery takes place within two weeks of the conclusion of the contract. Remember Dresden is permitted to make partial deliveries. The risk of acquisition lies with the customer. Remember Dresden is not required to fulfil the promised execution of the order in case of non-availability. Furthermore, Remember Dresden’s lablility is restricted to cases of deliberate delays in delivery or of serious negligence.
Delivery in Germany: The delivery is executed to the given address of the customer. All deliveries take place on payment in advance. Delivery abroad: the delivery is executed to the given address of the customer. All deliveries take place on payment in advance. We charge a flat rate of six euros for a package of 2kg maximum. When the package weighs above 2kg special conditions of delivery apply on agreement. Postage takes palce per post after receipt of payment.
§ 5 Place of Fulfilment of Contract/ Risk Liability
The place of fulfilment of contract is Remember Dresden in Dresden. The delivery of the goods always takes place on behalf of and at the cost of the customer by means of choice of deliverer by Remember Dresden. The risk of chance damage or chance deterioration of the goods transfers to the customer at the point of receipt of delivery at that point at which confirmed notice is given that the goods are ready for collection at the place of fulfilment of contract or in the case when the deliverer sends the goods to another place other than the place of fulfilment of contract at that time when the deliverer hands over the goods to the shipper ( the carrier, haulier, or other appointed person or organisation for the execution of the delivery). The customer must immediately examine the goods for transportation damage or any other damage when receiving the goods at any other place other than the place of fulfilment of contract, and must immediately report any such damage in writing to both Remember Dresden and the shipper.
§ 6 Reservation of Proprietary Rights
Remember Dresden reserves the property rights to goods delivered until full payment has been received for current demands for goods delivered as well as outstanding ones, both and all deriving from the contractual relations between Remember Dresden and the customer, no matter the form or legal basis of any objection.
§ 7 Claims for Defects/ Liability
We assume responsibility under the law that the goods delivered by us are free from defects or illegalities insofar as nothing otherwise is ruled in the following.
We do not assume liability for defects of faults of goods that are inappropriately stored or that have been abused.
The customer must immediately check goods upon receipt and immediately inform in writing of any problems with the amount ordered, or with the state of the goods, as well as inform immediately in writing of any defects that can be discovered after exhaustive examination at a later point in time.
Warranty statements of the manufacturer constitute a separate legal relationship between the customer and the manufacturer, and have no legal bearing with regard to or against Remember Dresden.
The object of the delivery is exclusively the goods according to the characteristics and specifications contained in the product description given by Remember Dresden. Any other details of the state of the goods are only then applicable in so far as these have been confirmed in writing by Remember Dresden.
Should the customer require as reparation the repair of the faults, this must be made in writing by the customer to Remember Dresden before the return of the goods. It is at the discretion of the deliverer where he shall make the after sales service for the repair of the goods. Remember Dresden will without delay and at his own expense make arrangements for the after sales service of the reparation of the faults of the goods. This includes the right of Remember Dresden to determine the shipper to be used. The goods will be carefully examined to ascertain the correctness of the claim of damage.The customer will be held liable for any resulting costs should the faults not be confirmed. Should upon this examination the claims of the customer, and which are the responsibility of Remember Dresden, be substantiated then Remember Dresden will rectify these faults and return the goods to the customer free of cost or- at the request of the customer- hold the goods ready for collection. A time frame of at least two weeks is to be given to Remember Dresden for the repair of the faults from the time of availability of the goods for repair. Should the goods not be reparable within this time, then Remember Dresden will inform the customer. The time allowed for the repair will be extended in this case as appropriate.
Should the customer claim as reparation the delivery of faultless
goods, or wish to cancel the contract, he is obliged to return the
faulty goods and the replacement of the value of such; furthermore he
has to reimburse the usage values he has enjoyed from the same goods.
Insofar as the customer has not had less, and the deliverer not had more
usage , the contractual parties orient themselves according to the
following amounts for usage compensation:
For usage time:
- of more than one up to three months 10% of the sale value
- of more than three up to six months 20% of the sale value
- of more than six up to twelve months 30% of the sale value
- of more than twelve up to twenty-four months 50% of the sale value
Claims for damages, in particular to make up for resulting losses as a result of faulty goods are unacceptable. This exemption of liability does not apply to deliberate or seriously negligent dereliction of the obligations of Remember Dresden, his representatives or his assistants, as also not in such cases where the damage applies in such circumstances where Remember Dresden have taken over a procurement or manufacturer’s guarantee.
The private details and data necessary for the completion of the sales contract are to be made available by the customer. Remember Dresden will solely make use of this data for the correct completion of the contract. In respect of this, Remember Dresden is within his rights to pass on the data to third parties.
§ 9 Court of Jurisdiction
The court of jurisdiction for all matters of contention, also including cases concerning currency exchange and cheques, arising out of the contractual relationship of Remember Dresden with his customer, is Dresden.
§ 10 Partial nullity
Should individual rulings in these Terms and Conditions be invalid, this does not affect the applicability of the others.