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Terms and Conditions

1. Generals

For the business transactions with the company:


Dynamic Billard Organisation GmbH
Konrad-Zuse- Str. 15
D-66459 Kirkel-Limbach

Business manager:
Gregory Koblenz & Benz Botmann

Trade Register: HRB 104512 Amtsgericht Saarbrücken
VAT No: 040 107 13485
VAT ID No: DE 316 412 310

Phone.: +49 (0) 68 41 / 99 30 3-0
Email: vertrieb@dynamic-billard.de


the following General Business Conditions shall exclusively be valid. Other possible conditions of the customer, different from these General Business Conditions, shall only be valid, if they have already been agreed upon by writing between the Dynamic Billard Organisation GmbH and the customer.

2. Orders/Conclusion of Contract

The offers of Dynamic Billard Organisation GmbH shall bear no binding obligations for the customer to give orders for any products. The customer presents a binding obligation to conclude a purchasing contract by giving an order for the wished products by means of Internet, eMail, fax, telephone or by writing, in which case the name of the holder of an one-man company and the name of a managing director of the company with limited responsibility (Ltd.) as well as the exact address of the customer, consisting of place of living, postal code, street and the house number have to be mentioned in the content of the given order. The Dynamic Billard Organisation GmbH is authorized to accept the given order within 2 calendar days by sending the customer a written or electronic order confirmation or through delivery of the articles of sale to the customer.. This order confirmation shall be established by sending an eMail. In case the valid period of time has already elapsed, the offer shall not be valid any longer and be void. All the products may be delivered according to only the represented designs and packages. We keep us the right for any amendments, specially if they depend on technical advances, as well as for any amendments relating to the color and design offered in catalogues. Specific producing shall be offered for our prod¬ucts by only considering the inquiry made. By publishing the new price lists all the previous price lists, offers and prospects shall be invalid.

3. Delivery

The customer shall bear any costs of delivery by GLS, post, packet service, German Federal Railway or forwarder. Should there be regulated no express goods, we shall therefore select, according to our own estimation and experience, the best reasonable delivery way for the customer without accepting any guarantee thereto. Delivery shall be effected under the risk of the customer (delivery purchase). Processing of the order shall be executed as quickly as possible. In order to secure a speedy handling we reserve us the right to carry out partial delivery. Further deliveries shall always consist of the corresponding costs, of course without calculation of packaging costs.

4. Transport Damages

In case of delivery of goods with obvious damages on packages or the contents thereof, the customer has to complain the same without any delay to the transporter/carrier and avoid the acceptance of the goods. In this regard the customer shall take immediate contact with the company Dynamic Billard Organisation GmbH. Covered defects and shortages are to be immediately acknowledged to the company Dynamic Billard Organisation GmbH. Shortening of legal limitation period is not connected with this regulation.

5. Prices

All the indicated prices are final prices plus packaging and delivery costs, which shall be calculated and represented based on the desired type of transportation. Discounts shall only be granted if mentioned extraordinarily. Specific offers are valid, as long as the stock permits. All prices without engagement. We can give you no guarantee for errors.

When he exercises the right of revocation according to section 355 BGB , the consumer is obliged to make return shipment of the goods. The regular costs of return shipment are imposed by contract on the consumer.

7. Reservation of Ownership

All of our delivered goods shall remain in our property until the complete payment has been implemented and the goods are not to be resold to a third person, mortgaged or transferred. All the delivered goods shall be standing under extensive and prolonged ownership right.

8. Guarantees

The claims of the customer against the company Dynamic Billard Organisation GmbH relating to defects and shortages shall be dealt with according to the legal provisions within the legal time limits in consideration of the following regulations, in case no deviations result: damages which by means of non-proper or anti-contractual handlings of the customer at the time of installation, connection or storing are created, shall not be considered as reasons for claims against the company Dynamic Billard Organisation GmbH. The subject of non-proper and anti-contractual handlings shall specifically be defined based on the information of the manufacturer. Should the customer not be the user of the goods, so he shall be obligated to report the obvious defects and shortages, in order to receive the due guarantees within a week after having received the goods. The guarantee rights shall expire if, despite of existing obvious defects, the goods are used. The company Dynamic Billard Organisation GmbH has the right to inspect the complaints. Therefor the delivered goods along with a defect report have to be sent to Dynamic Billard Organisation GmbH. Should the inspection show that there is really existing a reported defect or shortage, the corresponding transport costs shall be refunded. By purchasing a used article, the claims of the customer in respect of defects and shortages shall elapse after one year from the time of receipt of the goods. If the customer is a registered trader and the ordered service is to be implemented for his commercial enterprise, so his claims in relation to the defects and shortages shall elapse by expiring of one year from the date of receipt of the goods.

8.a) Special regulation for delivery of billiard tables

Billiard tables shall be delivered from the company Dynamic Billard Organisation GmbH to the customer and be assembled there. The customer shall inspect the goods to see if there are any defects or shortages, exactly after the assembly of the tables in the presence of the personal of the Company Dynamic Billard Organisation GmbH. If the customer is not the consumer, so he must later on, in case of complaints for any defects or shortages, prove that the claimed defects concern a material or processing defect.

9. Liability Limitation

a) Company Dynamic Billard Organisation GmbH takes the liability for other cases rather than damaging of life, body and health, and company Dynamic Billard Organisation GmbH is liable, if these cases concern intentional or rough negligence acts or culpable damaging of an important contractual obligation by company Dynamic Billard Organisation GmbH or its accomplices (for example delivery service). A liability beyond this is excluded. The regulations of the Product liability rest unchanged.
b) In case of being guilty of negligence relating to an important contractual obligation, the liability of company Dynamic Billard Organisation GmbH shall be limited to the foreseeable damages.
c) The data communication via Internet may not always be without defaults and/or available based on the present state of technique.
The company Dynamic Billard Organisation GmbH is not liable not only for the permanent and uninterrupted availability of the online-operating system, but also not liable for technical and electronic defects at the time of a sales event, on which the company Dynamic Billard Organisation GmbH has no influence, specially not for delayed processing or acceptance of the offers.

10. Data Protection

The company Dynamic Billard Organisation GmbH informs the customer that the data taken within the conclusion of the contract shall be reserved, processed and used according to the German Data Protection Law (BDSG) and the Tele Services Data Protection Act (TDDSG) by company Dynamic Billard Organisation GmbH, when accomplishing the obligations of the purchase contract. These data may be transferred to representatives according to the paragraph 11 BDSG for the sake of exact control of the financial standing of the cooperating Company with Company Dynamic Billard Organisation GmbH. Within a finance purchase the financing bank shall be the only responsible part for legal raising, saving and using of the data based on the Data Protection Law.

11. Court of Jurisdiction

Court of jurisdiction for all disputes resulting from business connections within Germany, shall be the district court of Homburg, shall be responsible, if the customer is registered trader. For all disputes resulting from the business connections not depending on the court of jurisdiction, the German laws shall be valid and effective and the customer fully accepts this agreement by placing his order. Place of execution is always D-66459 Kirkel-Limbach.

12. Other

Should one or some regulations of these General Business Conditions not be valid, they shall have no effect on the whole contract. The non-valid regulations shall be substituted by corresponding legal regulations. Homburg shall be the only court of jurisdiction, if the customer is a registered trader, has no general court of jurisdiction in the country, transfers his living place or ordinary place of residence abroad after having concluded a contract, or his living place or ordinary place of residence is unknown at the time of institution of proceedings. The UN Business Law shall not be effective, but the German law shall be valid for the same.

Our catalogue, as well as other print medias that we use, are only adressed to our customers. Reprints or copies, even only parts of them, the photomechanical reproduction, especially of our pictures, our layouts and designs are illegal.

13. Storage of the wording

The wording is getting stored by the seller and will be sent along with the available standard business conditions and customer information as written text (i.e. email, fax or letter).
The wording will also be archived on the seller's web page and can be called up by the customer through his password-secured customer account and the corresponding login information for free, as long as the customer has created an account at the seller's web shop before placing the order.

14. Identification and correction of type errors with aid of technical instruments before placing a binding order

Before placing a binding order, the customer is able to correct his inputs currently via keyboard- and mouse-functions.
Furthermore all entries will be displayed in a confirmation window and could also be changed there via keyboard- and mouse-functionsbefore placing a binding order.

Kirkel-Limbach, 08/07/2011

 

Please note:
The EU Commission offers the possibility of an online dispute resolution on an online platform at the following Link http://ec.europa.eu/consumers/odr/. We are not obligated to participate to such an online dispute resolution and don’t offer this service.

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