General Terms & Conditions (incl. Legal information)
Stand: 11. Juni 2010

General Terms & Conditions (incl. Legal information)

1. Area of application
2. Contractual Partners
3. Offer & Conclusion of contract
4. Right of Revocation
5. Prices & Shipping costs
6. Delivery
7. Payment
8. Reservation of Title
9. Guarantee
10. Cost agreement
11. Jurisdiction
12. Contractual language & Law of the Federal Republic of Germany

Further information
Order process
Contract text
Regulation on packaging

General Terms & Conditions

(The following General Terms & Conditions include legal information regarding your rights according to the Distance Selling Act and E-Commerce).

1. Area of application

The General Terms and Conditions apply to all consumer deliveries made by Dieter Hawelky.

2. Contractual Partners

The contract of sale comes into being with Dieter Hawelky, Nonnenstrasse 6, D-02826 Görlitz, Germany. Please feel free to contact our customer service when having questions or complaints at phone +49 (0) 3581 893237 or by email: kontakt [at] mobile-laden.com

3. Offer and Conclusion of a contract

3.1 The illustration of the products in the online shop is not legally binding but represents an offer to buy. Errors excepted (E.E.).

3.2 You are placing a binding order for the listed articles on the order page when clicking the buttons [Order] or [Buy immediately]. The contract of sale comes into existence as soon as we send you a confirmation of the order by email directly after receiving your order.

4. Right of Revocation

4.1 Power of revocation

You can revoked your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods) before the arrival of the first part delivery and also does not fulfill our obligations in accordance with article 246 § 2 in association with § 1 section 1 and 2 EGBGB and our obligations in accordance with § 312e section 1 clause 1 BGB in association with article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation or thing. The revocation is to be sent to:

Dieter Hawelky
Nonnenstrasse 6
02826 Görlitz
Germany
email: kontakt[at]mobile-laden.com

Concequences of revocation

In the case of an effective cancellation mutual services are to be released. Should you not be able to release the service rendered either completely or partially or only in a declined condition you will have to render value replacement in this respect if applicable. This does not apply if the decline of the merchandise can be solely attributed to its examination as - as if it would have been possible in a store. In addition, you can avoid the obligation to pay compensation for a resulted deterioration by putting the article as provided by do not use the goods as your property and fail  to  do everything that could reduce its value. For a purpose by putting the resulting deterioration thing you must do not have value. Package-transportable merchandise is to be returned. When returning merchandise with an order value below 40, - Euro you must bear the costs for return shipment if the delivered merchandise corresponds to the merchandise ordered. Otherwise return shipment is free of charge for you. Merchandise which is not package-transportable will be picked up. Financial obligations must be met within 30 days after sending this cancellation. The time limit begins for you with the dispatch of your revocation or thing for us with their reception.

End of the power of revocation

4.2 Please avoid damage and contamination. Please return the product to us, as possible, in original packaging with all accessories and with all packaging components. If necessary, use a protective overpack. If you no longer have the original packaging, please take care with appropriate packaging for adequate protection from damage in transit.

4.3 Please note that the modality referred to in section 4.2 is not a prerequisite for the effective exercise of the right of revocation.

5. Prices, shipping costs and taxes

5.1 The prices stated on the product pages include VAT and other price components.

5.2 Furthermore we add shipping costs to the indicated prices for the delivery. The shipping costs are clearly stated on the page with the shipping costs, the product pages, in the market basket system and again quite clearly on the order page. For every article you will find the valid shipping group besides the price situated in every article description or in every article list. You only pay once for the shipping no matter how many articles you order.

The stated charges are effective when paying in advance and by invoice (bank remittance, PayPal, Credit Card). Please have a look in our Shipping Information to inform you about countries we deliver.

If your country is not in the above list we will ask you to please contact us before the purchase so that we can clarify if delivery is possible and at what price.

6. Delivery

6.1 Delivery will be effected to those countries stated in the offer or stated on the description page for the shipping costs.

7. Payment

7.1 Payment is either to be carried out by Prepayment, Invoice, Paypal, Moneybookers, Credit Card or COD.

7.2 If you want to pay in advance you will receive our banking connection in the confirmation. The articles will be then delivered after receiving your payment.

7.3 The right to set off a claim is only given when your counterclaim has been legally proved or is uncontested or has been acknowledged by us in written form.

7.4 The right of retention can only be exercised as long as the claim results from the same contractual relationship.

8. Reservation of title
The goods shall remain our property until paid in full.

9. Warrantee/Guarantee

The warrantee/guarantee takes place according to legal regulations. For all defects that occur during the two year legal period of warranty you are entitled to supplementary performance (either removal of defects or replacement) as well as to mitigation, withdrawal or compensation if all legal stipulations are met.

10. Cost agreement

Make use of your right of revocation, you have the regular cost of returning to bear if the delivered goods like ordered, and if the price of the returned thing of an amount not exceeding 40 euros or if you at a higher price the thing at the time of revocation is not yet reciprocated the consideration or a contractually agreed part payment. Otherwise, the return for you free of charge.

11. Jurisdiction

11.1 The court of jurisdiction and place of fulfilment applies if the client is a consumer.

11.2 Görlitz will exclusively be the court of jurisdiction if the client is a company, or a fund assets governed by public law or a corporate body.

12. Contractual language and Law of the Federal Republic of Germany

Contractual language is German. All legal transactions between Dieter HAwelky and his customers are bound to the Law of the Federal Republic of Germany.

Further Information

Order process in Dieter Hawelkys Online shops

As soon as you have found the desired product you can put it, without obligation, into the market basket by clicking the button [into the market basket]. By clicking the button [market basket] you can look at its contents anytime. You can erase the products from the market basket by clicking the button [Erase]. If you wish to buy the products in the market basket please click the button [Buy]. In this case we ask you to please indicate your personal data. The obliged data is marked with a *. Your data is transferred encrypted. After filling in your data and choosing the method of payment you will go to the order page via button [Check data]. Here you have the possibility of verifying your given data once again. You then finish the order process by clicking the button [Order]. Closing the browser can cease the procedure at all times. You will receive further information on the following pages, i.e. about correction possibilities.

Contractual Text

The contractual text is saved within our internal system. The General Terms & Conditions can be consulted on this page anytime. The order data as well as the General Terms & Conditions will be sent to you by Email. By reason of security the contractual text will not be accessible anymore after finishing the order process.

Regulation on packaging

Regarding the sales packaging which the first of us filled with goods and delivered to private consumers, our business is connected to ensure the fulfillment of our statutory obligations under § 6 VerpackV the nation-wide system of withdrawal of the Landbell AG, Mainz, (Customer ID: 4112726). More information can be found on the website of the Landbell AG.