a) The following terms of trade comprise the solely valid terms of trade between you and me, CA-Collecting and more... - Christiane Arnal, Carl-Petersen-Str. 29, 20535 Hamburg, exclusively effective business conditions as far as these are not amended by a written agreement between the parties.
b) Customers in terms of section 1.a) are consumers as well as entrepreneurs, whereas a consumer is any natural person who concludes a legal transaction for a purpose which can neither be attributed to his/her commercial nor freelance occupational activity. Entrepeneurs are each natural, legal entity or legal business partnership which enter a business relationship in order to practice a commercial or self employed professional activity.
c) The contract language is German.
a) You may select articles on my website and order them.
b) You can click the articles you want on my website. They are then collected in a virtual shopping cart. At the end of your purchase you receive a roundup of all ordered articles together with the all round price of the articles you ordered. Corrections can be provided via the common keyboard and mouse functions in the entry fields.
c) Before your order is dispatched you may check your order as regards content as well as amount and price and you may possibly correct it.
The offering of my articles is no binding offer for my part. Not until you have ordered goods a binding offer acc. to § 145 BGB has been formed. If we accept this offer we will send you a confirmation of order via email.
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (CA-Collecting and more... - Christiane Arnal, Carl-Petersen-Str. 29, 20535 Hamburg, email: firstname.lastname@example.org, Telefon: +49 40 52103730, Fax: +49 40 52103732) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
a) The purchase price is payable upon conclusion of contract.
b) b) All prices mentioned on my website are quoted as final prices including the VAT valid in Germany, i.e. 7% resp. 16% until 31. Dec 2006 and 19% from 1. Jan. 2007. Articles which do not include any VAT on the invoice are subject to the differential taxation according to § 25a UStG. Deliveries into non-EU member states are non-taxable export deliveries according to § 4 No. 1a UStG.
I reserve the ownership of all goods until they have been fully paid.
Delivery of the goods will be carried out in the order of order inflow. Forwarding and packaging expenses incurred are charged extra and shown on the invoice. The ordered articles are insured by me up to their value.
a) In general the liability for defects of the seller shall be determined in accordance with the legal regulations. Contrary to this the following applies:
aa) The limitation period for warranty claims by the customer is among consumers in newly manufactured things 2 years after delivery of the goods to the customer, things used in 1 year after delivery of the goods to the customer.
bb) In relation to entrepeneurs the following regulations apply: In principal the seller´s liability for defects of things used is excluded. The limitation period for warranty claims in newly manufactured things is in 1 year after transfer of risk. If the customer is a trader in terms of § 1 German Commercial Code, he/she must immediately upon receipt of the goods inspect these and shall immediately submit a notice of defects if needed. If he/she does not fulfill this obligation the goods are deemed to be approved. In case there is a defect the seller has the right to choose the kind of subsequent performance.
b) The above mentioned limitations of liability and limitation of claims in section 9.a) aa) and section 9.a) bb) do not apply to claims for damages and reimbursement of expenses according to section 10 which a customer can assert because of defects according to the statutory regulations. The applicable laws apply for these claims. Unaffected by above mentioned limitations of limitation of claims in section 9.a) bb) the requirement for resort of the corporate client absences acc. to § 145 BGB.
c) The catalogue descriptions are carried out in all conscience. All offered articles are, as long as not stated otherwise, contemporary originals from the respective epoch. I classify the preservation of the articles into the following categories:
a) Sellers liability is unlimited for damages of the customer caused by intentional or grossly negligent behaviour on the part of the seller, in case of malicious intent, for personal injury and damages according to the Product Liability Act in accordance with the legal regulations. This also applies for damages caused by vicarious agents.
b) Otherwise-as far as the seller is not liable because of any guarantee provided by CA-Collecting and more... liability for compensation claims shall be limited as follows: For damage caused by slightly negligent behaviour the seller shall only be liable for insofar as this is due to violation of essential contractual duties (cardinal obligations). Cardinal obligations are those obligations that enable the realization of the contract according to the rules in the first place and on whose observance the user regularly trusts. Sellers liability for damages for slight negligence shall be limited to the typically foreseeable damage according to this regulation.
c) The above mentioned limitations of liability in section 9.b) also apply for the benefit of the seller´s vicarious agents.
a) CA-Collecting and more... affirm that the contemporary and military historic articles from the years 1933 - 1945 offered in the catalogue are solely offered for the purposes of civic clarification, for the defence of unconstitutional and constitution-hostile endeavours, for the academic and art historian research, for the clarification or coverage of the scenes of the events of the day or of the military historic and regimentals research (§ 86 a StGB). On placing his orders for articles furnished with emblems of the Third Reich the purchaser commits to purchase these articles solely for historic-scientific purposes for the above reasons and absolutely not to use them in a propagandistic way, particularly for the purpose of § 86 a StGB.
b) Batons, thrustings and hitting weapons are solely released to persons older than 18 years of age.
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter http://ec.europa.eu/consumers/odr/ finden.
12. Final clauses
a) German law applies to the exclusion of the UN purchasing law. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.
b) If the customer is a trader, legal entity under public law or a federal special fund under public law the exclusive place of jurisdiction for any disputes arising out of this contract shall be the location of our registered office. The same shall apply in case the customer does not have a general place of jurisdiction in Germany or the EU or where the customer's domicile or usual abode at the time the action is brought is unknown. The authority to also invoke the court of another legal jurisdiction remains unaffected hereof.
c) Should any provision of this contract be invalid or not comply with the legal requirements, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the parties, which comes economically closest to the one actually agreed upon.
d) You can print these terms with the print function of your browser or you can save the terms at your computer using the funtion "remember this page".