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|Conditions of Use|
Terms and conditions of Todaybest mbH
Section 1 scope of the terms and conditions
1st All offers, orders, sales, supplies and services from stock trading Today mbH (Today's Best) made solely on the basis of the following terms and conditions.
2nd Contrary person or different terms of the buyer recognizes TODAYSBEST not indicate it, TODAYSBEST would explicitly in writing. This applies even if TODAYSBEST in the knowledge of conflicting or its sales conditions differing conditions of the buyer delivery to the buyer without reservation.
3rd By an order or a bid acceptance by the buyer are subject to the terms of TODAYSBEST.
Section 2 Orders
1st The offers of TODAYSBEST are subject to change. Orders and oral agreements are for TODAYSBEST only binding if they TODAYSBEST in writing, by fax, by email or formularmäßig confirmed or by sending the goods and accounting.
2nd TODAYSBEST reserves the right to order wholly or partially rejected.
Section 3 Prices, terms of payment
1st The prices include the value added tax. The packaging is included in the price. The transport is done on behalf of the purchaser. The prices do not include duties and no consumption and other taxes. This is only the buyer. All prices are in euro.
2nd Where no specific agreement, the accounts of TODAYSBEST immediately with the receipt of the invoice due within 14 days after receipt of payment. Payments are on the bill in the bank accounts of TODAYSBEST to make.
3rd Cuts for bank charges, postage, etc. payments TODAYSBEST not recognize. TODAYSBEST takes only change in payment if expressly agreed. Discount Bank and expenses borne by the buyer. Payments to employees may be subject to a written collecting power. When paying by check the buyer is liable for any loss on the cheque broadcasting.
Section 4 nature / warranty
1st Delivery is in accordance with the standard specifications of TODAYSBEST or the agreed specifications. Characteristics of the goods to the buyer after the public statements of TODAYSBEST or where the obligation of TODAYSBEST, particularly in advertising or in the labelling of goods, or because of an expected Handelsbrauchs can only belong to agreed quality, if they express in a Offer an order confirmation or these terms represented. Guarantees are only binding for TODAYSBEST if TODAYSBEST them in a job, a contract or confirmation of these terms and conditions as such, and its obligations under the guarantee set out in detail.
2nd Design and format changes aimed at improving the technology or demands of the law shall remain during the delivery schedule, if the sale is not much-or modified and the modifications to the buyer are reasonable.
a) it will ensure that the goods at the time of the transfer of some agreed upon, or free of defects. This means that the product for the terms of the contract is presumed use or for ordinary use and a suitable nature, which are matters for the same kind of practice and the customer on the type of thing and / or the announcement of us or the manufacturer can expect. Characteristics of the goods according to our information, labelling or advertising belong to entrepreneurs only be agreed if this is expressly stated in the tender by us in writing or in the order confirmation marked.
b) If the purchase parts for both a commercial transaction under Section 343 of the Commercial Code, Section 377 applies Commercial Code.
c) aa) Section 478 BGB remains of the following regulations.
bb) The warranty period begins with the access of goods to customers.
cc), the new product warranty period 2 years.
dd) regardless of the following rules to shorten the warranty period for second-hand goods applies to the limitation of damages claims from ensuring a period of two years for injury to life, limb, health, based on a negligent breach of duty on our part or on an intentional or negligent breach of duty of our legal representative or aids.
Furthermore, regardless of the following rules to shorten the warranty period for second-hand goods for the limitation of damages claims from ensuring a period of two years for other damages, based on a grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty of our legal representative or Compliance assistance.
In addition, for used goods is a warranty of one year, if the customer consumer. The warranty for used goods is also excluded, if the customer is a professional.
d) In the case of shortage, you have your choice to begin the legal claims arising from subsequent performance (or remedial measures after delivery). If the legal requirements, you have also the right to reduce the purchase price or the resignation and entitlement to damages and the right to claim compensation expenses. The performance can be refused if it is only with disproportionately high costs. The resignation is excluded if the defect is negligible.
Section 5 Supply
1st TODAYSBEST is too partial deliveries. The invoices issued to operate independently of the total delivery day.
2nd Shipping and delivery are TODAYSBEST. TODAYSBEST will endeavour, where possible, the buyer's wishes into account, the resulting additional costs shall be borne by the buyer.
3rd The carrier is TODAYSBEST.
4th Disposable packaging, the purchaser will properly dispose of at their own expense. Where such packaging reused are affixed to the packaging product or company references obscuring.
Section 6 payments, offsetting
1 Device the buyer with a payment wholly or partly in default, he can change or cheques to go protest or request to open insolvency proceedings over his assets, so TODAYSBEST is without prejudice to any other rights entitled to all claims against the buyer immediately due to All supplies or services back and all rights under the retention of title claims.
2nd TODAYSBEST is also entitled to consumers as a late injury default interest rate of 5% above the base interest rate and to non-consumers as late injury default interest rate of 8% over the base interest rate. The assertion of a higher loss incurred TODAYSBEST remains unaffected.
3rd Compared with the demands of TODAYSBEST can only offset the buyer or a lien claim if the counterclaim in force or is uncontested.
Section 7 Force Majeure
1st Unforeseen disruptions of operations, delivery time overruns or failure of suppliers, energy or raw material shortages, natural disasters, traffic problems, sovereign, working fight, fire and other cases of force majeure exempt for the duration of the disruption and to the extent of their impact, the affected party from the obligation to deliver or . Decrease if the disorder is not responsible.
2nd This applies equally to the case that TODAYSBEST is entering one of these events in default of delivery.
3rd If the obstacle longer than 3 months, each party is entitled, for the supply and purchasing malfunctioning quantity without giving notice to rescind the contract. Further claims are excluded.
Section 8 Privacy
We use the data you have to fulfill your order and settlement.
A transfer of your data is in with the shipping company responsible for supply to the extent necessary to deliver the goods is necessary to settlement of payments we give your payment information necessary to our bank.
The transfer your data to third parties or other use for advertising purposes. With full implementation of the Treaty and full purchase price payment, your data for further use locked and after the tax and commercial law deleted.
Your personal data will be encrypted with 256bit AES encryption (High security level) via the Internet. We assure our website and other systems through technical and organizational measures against loss, destruction, access, alteration or dissemination of your personal data by unauthorized persons. Despite regular checks is a complete protection against all threats not possible.
You have a right to free information about your stored data and possibly a right to correct, block or delete this data. Questions regarding the collection, processing or use of personal data, information, rectification, suspension or cancellation of data, please contact: Today's Best Handels GmbH, Lengeder Str 38, 13407 Berlin or email firstname.lastname@example.org
Section 9 of jurisdiction
If the buyer merchant in terms of the Commercial Code, the Court of Berlin. TODAYSBEST is also entitled, at the headquarters of the buyer to sue.
Section 10 transfer of risk, warranty claims
1st The risk of accidental loss and accidental deterioration of the matter is sold to entrepreneurs with the handover to themselves or a person empfangsberechtigte, in the case of dispatch purchase with the delivery of the goods to transport a suitable person. For consumers, this danger is always with the transfer of goods to these. The handover is the same extent, if the customer is in default of the adoption unit.
2nd The period for warranty claims begins with the delivery of the goods. Obvious deficiencies of the goods or performance of TODAYSBEST must immediately, at the latest within 14 days after receipt of the goods, in writing. If these deficiencies are not timely, the goods shall be deemed approved.
3rd TODAYSBEST defects can be present at the option of the purchaser or replacement nachbessern supply (Sections 437 No. 1, 439 para 1 BGB). If the implementation of additional performance measures fail, the buyer when the relevant legal requirements for either a reduction of compensation (reduction) or by contract (Section 437 BGB No. 2). Warranty claims are only the immediate purchaser and are not transferable. Repair work, to the extent that no separate agreement was within normal working hours. Further claims are subject to Section 11 limited damage claims.
4th Claims the buyer because of lack of new products (including claims for damages) and in the case of the existence of a purchase consumer goods (Article 474, paragraph 1 BGB) shall be barred within two years from delivery. For those buyers who are not consumers, and second-hand goods is a limitation period of one year after delivery.
5th The above provisions do not apply to recourse claims of buyers, if a consumer goods to be sold. Such recourse claims exist only insofar as the buyer with his customers do not have the statutory warranty claims exceeding agreements. The scope of recourse claims, the arrangements for the Ziff.11 limited to claims for damages accordingly.
6th A return of the goods delivered without consultation with TODAYSBEST is excluded. After consultation arrangements are individually possible to be in writing require.
7th When the shipment of goods or other objects to be borne by the respective TODAYSBEST consignor the transportation risk to the arrival and all transport costs. This does not apply to return under the contractual right granted.
Section 11 Limitation of Liability
1st TODAYSBEST liable only for intentional and gross negligence and negligence in light of a breach of contractual obligations or duties in a cardinal endangering the contractual purpose.
2nd If TODAYSBEST hereafter liable for ordinary negligence, the liability to the contract, predictable damage. This also applies in the case of a grossly negligent violation by simple Erfüllungsgehilfen (not legal representative or executive employees).
3rd In the case of liability for ordinary negligence is the maximum liability to the triple amount of the value of the delivery or for purely pecuniary losses to no more than twice the amount of the value of the delivery.
4th Claims for damages (with the exception of claims for damages due to defects) shall be barred two years from the date on which the buyer aware of the damage obtained, or without regard to the note at the latest after three years from the date of the injurious event. This does not apply in cases zurückzuführender intent to damage claims.
5th The above limitations of liability do not apply in cases of liability under the Product Liability Act, for personal injury, for adoption by a lack of a guarantee for the quality of the goods and fraudulently hidden defects. In addition, the above limitations of liability for all claims for damages, regardless of their legal grounds, including claims arising out of tort.
6th The liability limits apply even if the goods only after the species conservation. They apply mutatis mutandis to claims against employees or agents of TODAYSBEST.
Section 12 retention of title
1 The ownership of the goods remains to ensure all rights reserved, the TODAYSBEST out of the current and future business relationship until all balances against the buyer is entitled to.
2nd The property extends to the processing of the goods by emerging new products. The processing is done for TODAYSBEST as a producer. When processing, combination or mixing with TODAYSBEST matters not belonging TODAYSBEST acquires ownership in the proportion of the invoice value of goods subject to the accounting value of other materials. In the case of sale of goods, which TODAYSBEST ownership has limited the assignment to the exposure part, the co-ownership share of TODAYSBEST.
3rd The buyer is already its demands from the sale of reserved goods from the present and future deliveries of goods with all ancillary rights to the extent of the ownership share of TODAYSBEST to secure an TODAYSBEST. If reserved goods together with other items for a total price sold, so the assignment is limited to the cost of the bill TODAYSBEST (including VAT) for the reserved goods.
4th As long as the buyer of its commitments under the business relationship with TODAYSBEST properly, it can on the property of standing TODAYSBEST goods in the ordinary course of business and TODAYSBEST assigned to the claims itself to us. Chattel, mortgage and the buyer may Forderungsabtretungen only with the consent of TODAYSBEST. In the event of payment default or justified doubts about the solvency of the buyer is entitled TODAYSBEST which granted him Verfügungs and recovery powers and to the assigned claims itself as well as the reserved goods without prior rescission of the contract back, a rescission of the contract is only when TODAYSBEST expressly confirmed in writing, and does not require previous deadline.
5th If the property subject to the buyer in the country of applicable statutory provisions or limited allowed limited rights of the aforementioned TODAYSBEST to the extent permitted by law.
Article 13: Right
Consumers is in accordance with the provisions of the distance law in relation to goods purchased a right in accordance with the following instruction to:
You can change your contract declaration within one month without giving reasons
Text form (eg letter, fax, e-mail) or - if the matter before the deadline to decide
-- by returning the goods. The period starts after receipt of this Beleh -
tion in text form, but not before receipt of the goods at the receiver (at the back -
the supply of similar goods are not in front of the entrance to the first partial delivery) and
not fulfilling our information requirements pursuant to Section 312c, para 2 of the Civil Code in connection
with Section 1, paragraph 1, 2 and 4 BGB InfoV as well as our obligations under Section 312e, paragraph 1, sentence 1 BGB
in connection with Section 3 BGB InfoV. In order to safeguard the withdrawal period is sufficient to ex -
sendung revocation or thing. The revocation must be sent to:
Today the stock trading mbH
Lengeder St. 38
13407 Berlin / Germany
Fax: +49 (0) 30 - 41477348
In case of an effective revocation, both sides received the benefits due
grant and possibly towed uses (eg interest) surrendered. Can you give us the
performance received whole or in part or in a deteriorated state -
rückgewähren, you will be obliged to pay compensation for the value. For a determined by the
mungsgemäße putting the resulting deterioration thing you must no
nen replacement value. Parcels things are back at our risk.
You have the cost of returning to bear if the delivered goods ordered
, and if the price of the case returned an amount of 40 euro
or if you exceed a higher price in the case at the time of withdrawal
yet the consideration or part of a contractually agreed payment provided.
Otherwise, the return for you free of charge. Not classified parcel -
you have to be collected. Obligations for reimbursement of payments must be made within
30 days met. The period begins with the transmission of your withdrawal statement
or the thing for us with their reception.
End of the revocation notice
A right is not for goods that are directly on the ground in a store were acquired.
Section 14 foreign orders
1st The right applies only to supplies in Germany and other countries of the European Union.
2nd In case of foreign supplies in the countries of the European Union can TODAYSBEST the back-end costs generally not reimbursed, unless the local consumer law requires us mandatory.
3rd In case of foreign orders outside of the States of the European Union, we no right.
Section 15 of claims not assignable
The buyer is not entitled to its claims under the contract.
Section 16 Final Provisions
1st These terms and conditions include all rights and obligations of the Contracting Parties. Other agreements or declarations of intention of the Parties to require their legal effectiveness of writing. This also applies to a change in the writing requirement.
2nd It is governed by German law to the exclusion of the provisions of the CISG.
3rd If any of these provisions ineffective, it is the validity of the remaining provisions are not affected. Ineffective provisions will be effective by such regulations replaced closest to the economic purpose.
4th We save the treaty text and send the order data and our terms and conditions by e-mail. The terms and you can also see here http://www.tb-computers.de/agb/. Your past orders, our customers appreciate LogIn area.