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General terms of delivery
§ 1 Prestigiousness of the terms of delivery
1.
These terms are subject to all deliveries effected by US, as far as no deviating written
agreement is made.
2.
For any request you can refer to:
Midgard - Wikingwear
D-06217 Merseburg, Domstraße 9
Germany
Tel./Fax: +49-(0)3461 200465
Funk +49-(0)163 8480874
e-Mail: info@midgard-wikingwear.de
§ 2 Orders and contract conclusions; supply reservation
1.
You can order our articles any time by fax, by post or by email to bestellung@midgard-wikingwear.de. We only can accept orders of persons underage (persons aged 7-18) if the
acceptance of the legal guardian has been provided.
2.
Your are bound to your orders two weeks after providing the order. Due to § 5 your
right to withdraw remains unaffected.
3.
Due to our special product range long delivery times can occur. Therefore lt is
advisable:
a)
To indicate a replacement article together with the order which should be delivered, if
the ordered article is not in stock. Have you indicated a replacement article we will
cancel the not available article and deliver instead the replacement. If no replacement
has been indicated we will deliver the ordered article as soon as possible. lf the article
occurs to be sold out on receipt of your order we will inform you.
b)
To indicate if a backorder is required. On accepting back orders the shipping costs will
be charged on each delivery (see § 3 para. 3)
4.
You are kindly requested to indicate the way of payment. You can pay by credit card,
IMO (International Money Order, wire transfer, COD - Cash On Delivery (only A, CH,
FL). Paying by credit card you should provide all data mentioned in § 3 para. 2. On
receipt of incomplete or incorrect data we are authorized to deliver COD and charge the
resulting costs.
5.
A contract becomes affected by us confirming the order or by supplying the requested
articles. We are not obliged to accept an order.
6.
lf we are not in the position to supply due to several reasons after concluding a
congruent hedging transaction with a supplier we are entitled to withdraw or cancel the
contract.
§ 3 Payment, shipping and handling, special offers
1.
The total of the purchased articles including shipping costs have to be paid either by
cash on delivery, by credit card or in advance by wire transfer. If you choose payment
by wire transfer we will send you all necessary details in a written and non-binding
offer. The payment must be effected without deduction at the latest within 14 days after
the date of invoice. Paying by credit card the card will be charged soonest on the day of
shipment.
2.
We accept credit card of VISA, EuroCard, MasterCard and American Express. On
placing the order and providing the credit card details you confirm that you are the
entitled owner of the card. Please provide the credit card number (for VISA, EuroCard
and MasterCard 1 6-digit and for American Express 1 5-digits), the date of expiration
(4-digits) as well as the check number (for VISA, EuroCard and MasterCard please
provide the last 3 digits and for American Express the last 4 digits). The transmission of
the credit card data by our web shop is secured by SSL coding.
3.
For deliveries within Germany with a total value up to 125,00 € we are charging the
following shipping costs:
a) Payment by credit card:
- (1) 7,00 € for the first delivery per order within Germany
- (2) 17,00 € for every delivery to states of EU
- (3) 30,00 € for every delivery to all other states in europa
b) Payment by advanced payment (wire transfer):
- (1) 7,00 € per order within Germany
- (2) 17,00 € per order to states of EU
- (3) 30,00 € per order to all other states in europa
Steuernummer 112/173/22709
Umsatzsteuer-Identifikationsnummer DE 226392062
Bankverbindung:
BLZ 80053762 (Stadt und Saalekreis Sparkasse Halle)
Konto-Nr. 3310002135
Internationale Bankverbindung: DE 92 80053762 3310002135
BIC: NOLADE21HAL
c) Payment by cash on delivery (COD):
- (1) 11,50 € for the first delivery per order within Germany (excl. C.O.D charge
of 2,00 € at present)
- (2) 20,50 € for states of EU; 33,50 € for all other states in europa (excl. C.O.D. charge of
the national Post — Please refer to your post office to be informed of the amount due)
for EACH delivery to Austria, Switzerland and to Liechtenstein.
For additional deliveries within Germany applies:
Additional deliveries (so called backorders) which are paid by credit card the shipping
costs are 3,00 € for EACH delivery. Paying C.O.D. the shipping for additional deliveries
are 4,25 € for EACH delivery (excl. the C.O.D. charge). We do not charge shipping costs
for additional deliveries if you pay in advance by wire transfer or cash in a registered.
4.
Orders with a value more than 125,00 € we do not charge shipping costs for deliveries
within Germany (the C.O.D. charge of the national Post and the shipping costs for
additional deliveries — so called backorders - still remain !!)
5.
For deliveries outside Germany we charge the resulting costs (as far as in para. 3
nothing deviating is regulated).
6.
Special offers only apply as long as stock lasts. lf a special offer order can not be
fulfilled, because the article is no longer available, we will either cancel the order and if
applicable pay back the amount paid or we will deliver a replacement article with the
same value.
7.
Prices are shown in Euro and include the German turnover tax.
8.
Prices are subject to alternation.
§ 4 Delivery
1.
Delivery will be effected (except by ordering COD) on receipt of the amount due (See
para 3,1)
2.
We process the orders at latest the day after receipt of the order and supply the ordered
articles as soon as possible. Due to our special range delays in delivery can occur. In that
case you will be informed b e-mail or letter. Delivery time between 2-4 weeks depending
on what we have in stock.
3.
lf an article is out of stock we will inform you by e-mail or letter. We reserve the right to
cancel the order and we are obliged to pay back the amount paid in advance.
4.
All articles are properties of Midgard-Wikingwear until the entire amount has been paid.
§ 5 Right of Withdrawal
1.
lf you are customer (a natural person which places an order without commercial or job-
related intensions) which does not bought our articles in one of our shops, but ordered
by telephone, fax, snail mail or e-mail — in this case you are able to reserve the right
withdrawal. For the right of withdrawal the following directives should be pointed out.
- (1)Right of Withdrawal
You can cancel the order within 2 weeks without stating any reason. The
cancellation must be effected by mail, fax or e-mail). On sending back the articles the
order has been withdrawn. The term comes effective on receipt of the instruction of
withdrawal with this content. To ensure the time limit of the withdrawal you can send
your written withdrawal or the articles beck to:
Midgard - Wikingwear
D-06217 Merseburg
Domstraße 9
Germany
Fax: +49-(0)3461 200465
e-Mail: info@midgard-wikingwear.de
- (2) Withdrawal consequences
In case of a valid cancellation both parties are obliged to give beck all received
services and if applicable to pay for eventual utilization.
lf you won't return the items or only partially you are obliged to pay damages for.
You have to pay for the parcel if you want to return it to us if the ordered things
correspond to the received ones and if the price of the returning article/s is under 40 € or
if the value of the articles have been higher at the time of the withdrawal and you have
not reciprocated. Otherwise we will credit you for the usual costs according to the
German Post AG or DHL. Please call us before returning the goods. Returns wont be
accepted without informing us before.
2.
Customers who live outside Germany are kindly requested to provide with the
cancellation/withdrawal the lban and Bic/SWIFT code of their bank so a quick
proceeding of the pay back can be effected. The pay back for customers living in
Switzerland, Liechtenstein and Norway as well as all non European countries will be
effected by cheque or —if the payment was made by credit card- by credit the amount
back into the credit card. Charges due to transferrals or cheques have to be paid by the
customer.
§ 6 Limitation of liability
1.
In cases of contractual- and non-contractual liability we are liable on amends forlorn
expenses as follows:
- In cases of intention and gross negligence we are liable for unlimited
exposures.
- In all other cases only in concealment of an important contractual obligation.
This is limited to indemnity for typical and predictable claim.
In all other cases the liability is excluded.
2.
Our liability on personal injuries and in consideration to the product liability is not
effected by the foresaid narrowing of liability.
3.
Claims caused by contrarious aims than usually usage of clothes we are not liable for
you or any third party.
4.
All quotations of articles and prices in our catalogues, leaflets and on our web site are
arranged with great care. We are not liable for misprints and mistakes in translations of
German texts into other languages.
§ 7 Warranty
1.
In all cases of absences referring warranty you will be entitled to all rights which are
chartered by the German Civil Code. Please note limitations and exclusions of liability
mentioned in § 6.
Basically the following is important:
a)
We are only liable for defects which exist before delivering. We are not liable for defects
caused by unusually usage, wrong care or wear out.
b)
According to the German Civil Code warranty and claims based on defects end after
two years on receipt of delivery.
c)
If a defect is shown in the first six months after receipt of delivery so it is assumed that
the defect has been already existed before the delivery. lf the defect is shown after six
months on receipt of the delivery you are obliged to prove that the defect existed already
on receipt of the delivery particularly that the defects are not caused by unusually usage,
wrong care or wear out.
d)
Proof of delivery is your invoice. Please keep them during the period of warranty.
e)
In the case of a defect which existed before delivery you have the choice of getting a new
article or a repaired one. We can refuse your request under restriction of
commensurability if i. e. the costs are not in due proportion to the value of the article.
f)
lt exchanging or repairing fails you are able to set us a time limit for exchanging or
repairing. lf time is running out you can withdraw your order or you can ask for a
reduction of the price. Under specified circumstances you are able to claim for amends.
g)
Please call or write us immediately if you discover a defect.
2.
lf you bought articles in one of our shops please contact the shop directly.
§ 8 Privacy
We save and use your personal data for the limited purpose of processing your orders.
Your personal data will not be submitted to a third party.
§ 9 Final provisions
1.
Subsidiary agreements, alternative arrangements and warranties will become only
effective in written and signed form.
2.
In case of doubt the German Terms of Delivery are valid.
3.
German law applies under exclusion of the United Nations Convention on Contracts for
the International Sale of Goods (CISG).
4.
lf you are a merchant or you have no legal venue in Germany, Merseburg.
§ 10 Brands reserved by trademark laws
Please note that all rights are reserved for the following brands "Midgard-Wikingwear"
and all off their designs. We reserve the right to take legal proceedings (according civil
law and penal) against all unauthorized use.
Midgard - Wikingwear
Bütof – Kupetz GbR
Domstraße 9
06217 Merseburg
Germany
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