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§ 1 Scope
For the business Conditions between Carussell Com and the customer are only the following conditions valid, in their topical, valid version. Special conditions and further arranging are only valid when Carussell Com has agreed explicit and in a written way.
Disclaimer of liability: All data, statements and profit results are based on spin number checks, any guarantee for any profits is explicitly excluded. Even if profits are made over long stretches, no profit guarantee can be derived from it for future games. Carussell Com explains here expressly that it does not adopt responsibility in any form for any consequences neither from application nor from omission of the software.
§ 2 Offer, price
All offers, which are made on the internet are staying free. Carussell Com is allowed to change the price and it will be published on time. All prices of Carussell Com include tax and other parts of price. Delivery and dispatch costs are added. For delivery within the domestic market, prices consist in according with §1 paragraph 2 sentence 1 UstG and delivery to members of the European Community (EG) the legal sales tax. Foreign receivers can decide between Surface / Press and Book International (shipping could take more than six weeks) and airmail (Luftpost).
For delivery in countries which are not members of the EG could be further customs duties, on which has Carussell Com no influence. Carussell Com only delivers by cash in advance. All books and journals are binding prices. The customer has to pay the fixed store prices. If the customer gives books or journals from Carussell Com to a further seller or reseller, he has to oblige him to keep these store prices.
§ 3 Obtaining, completion of a contract, resignation
A contract even begins when Carussell Com confirms the order or when he delivers the ordered goods. If there is no further agreement the customer is fixed for 30 days on the order. According to §361 of the BGB the customer has a right of cancellation. The period of cancellation begins with the day, when the customer receives the goods. By services the period of cancellation begins at that day, on which the contract has been concluded. The period of cancellation is valid for two weeks and it don't need a statement. It is enough to send the goods to the address below in time.
By deliveries of audio or videos (e.g. CD, DVD) or software, the contract can only be cancelled when the delivered data medium is in the original, no damaged film or the no damaged seal. For services which are made online (e.g. software by download) there is no cancellation. If the customer has agreed to a service before ending of the period, there is no right of cancellation.
By delivery of journals and newspapers is a right of cancellation only valid according to the regulations of the Customers Credit Right or the Front Door Cancellation Right. There is no right of cancellation by contracts which concludes goods, which are made only for this customer. If the customer is using the right of cancellation, he has to pay, by a sum to 40,00 Euro, the regular prices of return. Decisive is the value of return of the good at the time of buying, not the value of the whole order. By receiving of no ordered or damaged goods Carussell Com reimburses the price of return after examination.
§ 4 Delivery, time of delivery, delivery in parts
If there is no further agreement delivery will be made from stock to the given address. As a rule Carussell Com handed over after receipt, the ordered on stock books, on the next day to the Deutsche Post or it's packet service. Small and light sending are regularly sent by post as book sending. Delivery can be take any time, unfortunately Carussell Com has no influence to that. By foreign sending is the standard delivery chosen. In that case the delivery could take 4 weeks. For a faster delivery the customer has to choose and pay the airfreight prices.
Statements of Carussell Com to the time of arrival are non binding, provided that the time of arrival has not been assurance. If a agreed time of delivery can not be kept because of high power, strike, fire, break of machines or other unforeseen obstacles or circumstances, which are not because of Carussell Com, the time of delivery renews about the time of these events. If it is not possible to deliver within two months it is allowed to the publisher and to the customer to cancel this contract. In that case Carussell Com will inform the customer promptly, that the ordered product is not available. An already paid invoice will be given back immediately. Will the time of arrival not be made on time, due to other reasons in paragraph 3, only the customer has the right to cancel this contract. Precondition is that the customer has written three weeks before a threat of a refusal.
Carussell Com has every time the right for part delivery and to charge it immediately. The transport of the goods is at one's own risk and invoice of the customer. That means the risk goes over to the customer, when the goods have been given from Carussell Com to the supplier. As well when there are part sending or if Carussell Com has taken over any costs for transport. Carussell Com chooses the supplier, chooses the fastest art of transport, but he does not rules a liability. If the delivery delays because of the customer, the risk goes over from that day, on which the provision will be indicated, to the customer. Costs which are because of a warehousing by Carussell Com or further persons, have to be paid by the customer.
If he customer wishes an insurance for the transport, Carussell Com will only made that by a written instruction. If goods return to Carussell Com the supplier has to take the risk until the goods come, as well as any costs for transport. That is not valid for returns which are made by the right of return. For not ordered or damaged goods Carussell Com will take the costs of this return.
§ 5 Guarantee for defects, duty for checking and reprimand, limitation of liability
Carussell Com ensures to deliver the goods faultless and that they will keep the written agreed individual listed and ensured quality. Claims for guarantee are not valid if the mistake casual connection stands to, that happened mistakes were not indicated immediately.
Carussell Com is only liable for resolution and grossly negligent. If there is a claim about the good or service, which was made by Carussell Com, Carussell Com has the right for it's own way to dispose the claim or to deliver a compensation. If the customer don't offers to give up the claimed good, or he used it already, all rights for guarantee will drop. If Carussell Com is not willing or not prepared for delivery of a disposal, if it will be delayed because of Carussell Com, or the substitute delivery came to nothing, the customer has the right to step back from this contract or to demand an appreciate reduction.
A claim for compensation will be reduced to the foreseeable damage.If these amounts nothing else, are further claims of the customer, no matter from which legal rights, impossible. So Carussell Com is not valid for no made profits or other asserts damages of the customer. When the liability of Carussell Com is kept out, that is valid for the employment's and agencies as well. A limitation of liability is not valid if the reason is because of resolution or grossly negligent. Further it is not valid if the customer raises any compensation claims because of not carried out §§463, paragraph 2 BGB. That is valid as well by powerlessness or impossibility. If Carussell Com hurts it's duty, the duty for replacement to personal injury or thing injury reduces to the created damage.
§ 6 Payment, delay in payment
If there is no other agreement, invoices have to be paid immediately, without any deductions.
To keep a guarantee of payment is impossible. Payments have to be without any costs expenses or charges, that means without a reduction of transfer charges for e.g. by domestic and foreign banks to the accounts of Carussell Com.
The customer can pay the price by transfer, cheque or debit entry. By collection of the goods from Carussell Com the price has to be paid cash. By foreign transfers the customer has to exempt Carussell Com of any transfer charges of the involved bank. If the customer submits a transfer by his bank, he has to tell his bank explicit, that he will take all domestic and foreign arisen costs. The receiver will not drum charges. That is the only way that the sum will arrive completely.
Delay will come according to the legal regulation. If the customer gets in whole or part delay for more than 30 days, Carussell Com has the right to charge the invoice immediately, to keep any deliveries or services and to value all rights the owners reservation. If the customer gets in delay in payment, Carussell Com has the right to demand interest on arrears by 5% , that is the given interest rate by the European Central Bank. If there was a higher provable interest on area for Carussell Com, Carussell Com has the right to provable a lower damage.
§ 7 Offset, property reservation
The customer has the right to an offset, when his reclaims are noticed legal, undisputed or by Carussell Com acknowledged. Besides he has just the right to keep the payment, if a reclaim bases on the same contract relation. The delivered good will be the property of Carussell Com until whole payment.
§ 8 Place of realisation, court of jurisdiction
The place of realisation for any claims out of the business connection between the customer and Carussell Com is in Munich. If it is the case, that the customer is a businessman of the HGB, the only court of justice will be in Munich.
§ 9 The right to use, effectiveness, writing
The right of the German Republic is valid, under exclusion of the UN-Buying-Right. To change or to replenish the given regulations, it needs to the effectiveness of the written and the agreements of the contract. Verbal or written agreements are only valid after a written confirming by Carussell Com.
§ 10 Address
Carussell Com
SWRH Support
Wallbergstr. 4
85598 Baldham
eMail
Notice: According to common knowledge it is regarded as impossible to win at Roulette permanently. Even if profits are made over long stretches no profit guarantee whatsoever can be derived from this fact for future games. Carussell Communications accepts no responsibility or liability for any losses which may be incurred by persons using or not using the information or software contained herein. You always use the information provided on this site at your own risk. Carussell Communications is in no way responsible for the content on any other linked sites.
© 1998, 2008 by Zdoonah Hadoolioe for Frank Foster Inc.
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