Terms and Conditions / Retraction from Contract (January 2014)
These Terms and Conditions apply to all sales and deliveries.
§ 1 General
(1) The following Terms and Condition form an agreement between the BLACKEYE GmbH (a Limited Liability Corporation) and the customer who chooses to buy a product or a service from Blackeye GmbH. The Terms and Conditions are a binding agreement between both parties and the general basis of all of our contracts with customers.
(2) Our sales staff is not entitled to negotiate conditions, which are different from our general Terms and Conditions.
§ 2 Quotations and Contracts
(1) Quotations and offers displayed in marketing material such as websites, brochures and advertisements are generally subject to change and not guaranteed. Meaning that in rare cases, products can be different from pictures or descriptions in our marketing material. Only the text of the product description is binding.
(2) All orders for products and services shall be regarded as an offer to purchase from us. Customers who ordered by email or signed an order in writing are bound to their order for a period of 14 days. We can accept the customer’s offer under this agreement and within the 14-day period. Date of acceptance is considered the date when the customer receives an order confirmation. Acceptance may also mean the actual receipt of the purchased goods or services.
§ 3 Prices and Payment
(1) All prices displayed on our website or any other marketing material are including 19% VAT tax. For products and services shipped to countries outside the EU we won’t charge any VAT taxes. Customers outside the EU have to be aware, that regional taxes and fees may apply to their order, depending on the destination of their shipment. Blackeye GmbH is not responsible for any such taxes or fees.
(2) During the order process, the consumer will be informed about cost, cost for shipping/handling and the total amount of the order. Prices for shipping/handling can vary, depending on the destination of the shipment. The exact prices are displayed on the website of the Blackeye GmbH and may be subject to changes. The total amount covers the actual cost for shipping and handling. For technical reasons, orders may be shipped in installments. In such cases, no additional shipping cost will apply.
(3) Payments are accepted by credit card and bank transfer. Service-, delivery-, or technical staff is not entitled to receive any kind of payment from the customer.
(4) The consumer may only argue claims on his own behalf. The claims have to be validated by jurisdiction
§ 4 Delivery and Delivery Periods
(1) Delivery of products or services shall be performed as soon as possible, at the latest within a period of 14 days. This does not apply to written agreements which state fixed dates for delivery of products or services.
(2) In case Blackeye GmbH fails to perform delivery within an agreed-on timeframe, the consumer has to notify us of the failure to perform. The consumer has to allow for a new date of delivery, not earlier than 2 weeks.
§ 5 Product Warranty
(1) In the case of a valid warranty issue, the consumer has the current legal rights of the country of Germany to claim his warranty issue. Blackeye GmbH is a limited liability corporation, incorporated in Germany.
(2) Warranty does not apply to misuse or mistreatment (or any similar) of the products as stated in the product manual.
(3) For claims of liability the following paragraph §6 will apply.
§ 6 Product Liability and Compensation
(1) In order to get compensated for an obvious defect of the delivered products or services, the consumer has to instantly notify us within a period of two weeks after receipt. Compensation cannot be performed after that period.
(2) Our liability for what so ever reason is restricted to a typical and predictable range of liability only.
(3) The above mentioned restrictions of liability do not apply to cases of deliberate conduct, to guaranteed product and service specifications or to any caused injury covered by the product liability law.
§ 7 Passing of Ownership
(1) Ownership of products passes to the customer upon Blackeye GmbH receives full payment of the product or services. Until the payment is received in full, the consumer shall not sell the products or consider the right of ownership in any other way.
(2) Access of third parties: Customer will notify any third party (who has access to the products) of the right of ownership of the products – bill collectors included. Upon such a case, the customer shall instantly notify us, in order for us to claim our rights of ownership.
(3) Customer is obligated to obey the rules of the contract, specifically the terms of payment. In case of a failure and our retraction from the contract, we are entitled to claim release of the products into our repossession.
§ 8 Copyright and Linking
(1) All content on the Blackeye™ website, including images, photographs, illustrations, designs, trademarks, videos are owned by Blackeye™ or licensed for official use.
(2) Please be aware that Blackeye GmbH and it’s partners will aggressively enforce all their copyrights, patents and intellectual property.
(3) The Blackeye™ website may contain links to third party websites. Blackeye™ is not responsible for any content of such third party websites. Links from third party websites to the Blackeye™ website may only be established with written permission of Blackeye GmbH.
§ 9 Website Disclaimer
(1) Any content of the Blackeye™ website is considered a source of information without warranty of any kind. The use of the Blackeye™ website is at the viewers own risk and responsibility. The Blackeye GmbH will not be responsible for any damage or harm which may result from using the Blackeye™ website or any links placed on the website.
(2) Blackeye™ reserves the right to change the content of it’s website without prior notice at any time. The Blackeye GmbH will not be responsible for any loss or damages resulting from such changes.
-Retraction from Contract / Right of Cancellation-
The customer has the right to cancel the contract within a period of two weeks, without stating any reason for the cancellation. The customer has to do this in writing (mail, fax, email) or by returning the product. The two-week period starts at the earliest upon notification of this document. The cancellation or the return of the product has to be sent within this period. The cancellation has to be sent to the Blackeye GmbH:
Blackeye GmbH, Stefan Wiesmeth, Rehsteig 22, 85101 Lenting, Deutschland, Tel. 089-44429970, email: firstname.lastname@example.org
Result of Cancellation:
In case of a successful cancellation, both parties are obligated to compensate each other for their services and (if applicable) benefits (e.g. interest payments). The customer has to compensate for a loss of value if he cannot return the product in full or only in improper condition. This does not apply if the above mentioned condition is due to the examination of the product, similar to an examination of a product in a retail store.
The customer can avoid being held responsible for compensation by not making actual use of the product and by avoiding any activity, which could affect the value of the product in any way.
Products which can be shipped in packages have to be shipped back. The customer has to pay for cost of shipping:
– if the originally delivered product complies with the originally ordered product and the price of the product does not exceed EUR 40.00.
– if at the time of the cancellation the payment for the product was not received in full, or any other part of the contract was not fulfilled at that time.
The customer has to compensate/pay for any potential loss of value of the returned product within 30 days after cancellation of the contract.
(Please note: The Terms and Conditions above are a translation only. Legal basis is the German original)