§ 1 General contracts
The existing business contract between Derksen Lichttechnik GmbH, the site operator of "derksen.de" and the customer applies to the business conditions in force at the time of ordering. It's not possible to fulfil customers special requests unless Derksen Lichttechnik GmbH confirm their accordance in a written statement.
§ 2 Orders and contract finalisations
Your order stands as a request to us to fulfil a buyers contract. When you make an order through "derksen.de" we'll send you an e-mail confirming the receipt of your order including any specific particulars. (Order confirmation.) This confirmation isn't an acceptance of your order it's just to confirm that we've received it. A buyers contract only comes into effect when we send you the ordered product and a second e-mail confirming its dispatch. (Dispatch confirmation.) If other products have been ordered but details are not included in the dispatch confirmation then those products are not covered by the buyers contract.
Contract partner is Derksen Lichttechnik GmbH.
§ 3 Prices
No matter where you find them, (web site, catalogue.) all our prices and offers are flexible and open to change.
§ 4 Payment
We accept payment by direct debit, cash on delivery or a cash payment at the firms HQ. Goods which are ordered by direct debit will be dispatched and the production of specified goods will only be started after the payment has been made.
§ 5 Delivery
Only written delivery dates and deadlines are valid. Delays caused by acts of God or accidents and circumstances which make it difficult or even impossible for the vendor to meet the deadline, in particular strikes, lock-outs, official orders or a cancellation of delivery by a supplier, even when the events affect Derksen Lichttechnik GmbH suppliers, Derksen Lichttechnik cannot be held responsible for undelivered articles to customers who have have binding agreements and deadlines. You can either agree to allow Derksen Lichttechnik GmbH the appropriate extra time needed to compensate for the duration of the delay and complete their delivery, or because of the unfulfilled agreement partly or wholly opt out of the contract. If you extend the delivery deadline or free Derksen Lichttechnik GmbH from their obligation you can't claim damages other than intentional negligence. You can only use these circumstances to make a claim against Derksen Lichttechnik GmbH if you begin proceedings within a week of the event.
§ 6 Breakages
Derksen Lichttechnik GmbH accept responsibility for any accidental damage or breakages which occur during delivery. The customer is obligated to report any damage to Derksen Lichttechnik GmbH within 3 days of the discovery otherwise it may not be possible to make a claim against the transporter or the transporters insurance company. If a delivery can't be made because the customer isn't at the given delivery address at the agreed time then the customer must be held responsible for the failed delivery and will pay the costs accordingly. Once the customer has accepted and signed for the undamaged goods any damage or breakage which occurs thereafter is their responsibility.
§ 7 Guarantee & conditions
Derksen Lichttechnik GmbH provide a two year guarantee on all goods, products and accessories bought from the derksen.de after the delivery date of said wares. The legal rights of the guarantee are not affected at all by this. The passing on of this buyers advantage to a third party is forbidden. If the delivered goods are found to be damaged or don't comply with the customers reasonable expectations because of fabrications or material failure Derksen Lichttechnik GmbH will replace or correct the wares provided the guarantee is still valid. Repeated replacements are permitted. If the third replacement is unsatisfactory or it's not possible to make a delivery deadline of three months the buyer can choose to either ask for a reduction in price or cancel the contracts extension. Derksen Lichttechnik GmbH must be notified in writing about obvious failures or damages within two weeks of the delivery date.
Excluded from the guarantee are accessories such as multi mirror lamps. These have a specific lifetime and have to be replaced periodically. In the case of misuse of equipment or not adhering to the users manual, particularly the safety instructions, the guarantee and conditions are nullified. Defective equipment can only be repaired by authorised personnel otherwise the same applies. Return defective goods to your handler within the guarantee period or send it direct with invoice and a short description of the complaint to:
Derksen Lichttechnik GmbH,
§ 8 Liability restrictions
Further claims of the buyer will not be considered no matter which reason they state. Derksen Lichttechnik GmbH cannot be held liable for any damage which is not apparent upon delivery, any loss of profit or any other capital loss suffered by the buyer. As far as the contractual liability of Derksen Lichttechnik GmbH is concerned or restricted this personal liability also applies to their employees, representatives and self employed contractors. Standing liability restrictions don't apply if the reason for the damage is intentional, due to negligence or personal damage has been incurred. In these cases the liability of Derksen Lichttechnik GmbH remains inviolate according to the product liability law and other acts from the producers liability laws.
§ 9 Returning goods
Rights to return
You can return undamaged goods within two weeks without giving a reason. The deadline for the return begins after receipt of a written instruction be it by letter fax or e-mail, but not before the recipient has received the goods, (In the case of return delivery of replaced wares not before the receipt of the first article.) and not before fulfilling our instructional duty in accordance with § 312c Abs. 2 GBG in conjunction with §1 Abs. 1, 2 and 4 BGB-InfoV as well as duty in accordance with §312 e Abs. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. You can only return goods not sent by packet service, (i.e. bulky goods,) through a written cash on delivery extension. The length of the deadline enables you to return the wares or make a cash on delivery extension.
The return or cash on delivery extension should be sent to:
Derksen Lichttechnik GmbH,
Consequences of a return
In the case of a successful return both sides are involved with a returned goods issue which can be used for obvious benefits (e.g. second hand sale), when a clear deterioration of the wares is apparent compensation can be claimed. This doesn't apply when the deterioration of the goods can possibly be traced back to a traders failure upon examination. You can also lose the right to compensation when you've caused the resultant deterioration by misuse before operating the appliance or could have avoided the damage if you'd taken more care in not allowing the misuse which impaired the worth. Requests for a refund of monies paid must be fulfilled within thirty days. The deadline for you begins when you return the goods or the delivery extension, for us when we receive them.
Post and package
The cost of returning goods will be paid by Derksen Lichttechnik GmbH up to a cost of 40€. Postal charges along with the purchase price will be refunded immediately. If possible please use the original packing or similar packing which is just as good to prevent damage during transportation. When the price of returning the goods is less than 40€ the costs can be imposed on the seller unless the returned goods are not the ordered goods.
Exception to the cancellation
The right to cancellation doesn't apply to goods which have been specially made to a customers specifications or are obviously made for their personal usage.
End of the returns guide.
§ 10 Applicable rights, jurisprudence, severability
All the business relationships and all the legal relationships between Derksen Lichttechnik GmbH and the buyer are covered by the laws of the Bundesrepublik Deutschland. In so much as the buyer is i S d HGB a legal person within the public rights sector with access to the public rights sectors fund has Gelsenkirchen the jurisdiction for all the resultant disputes which arise from those who want to contest the binding legality of a contract be it directly or indirectly. If one regulation in these business regulations or one in the framework of other agreements prove to be or could prove to be unworkable that has no effect on all the other regulations and agreements herein.