Terms and Conditions of InterTrade, owned by Karsten Lehmann for the Acquisition of Goods in Distant Sales

§ 1               Subject of the Agreement; Area of Validity

1.1        Karsten Lehmann e.K., owner of InterTrade (for supplier data please refer to disclaimer) is the supplier of the internet portal www.plastikhosen.de (in the following referred to as Supplier or Portal) and offers goods to be purchased by the customer via this Portal.

1.2        These Terms and Conditions are applicable to all customers on initial access to the contents, products and services made available at the Portal. These Terms and Conditions are supplemented by the consumer information in the version currently valid on the Portal

1.3        Any statements to the contrary by the customers with reference to their own terms and conditions are herewith contradicted. Individual agreements remain unaffected by this.

1.4        The customers are authorized to acquire and use the Internet services made available on the Portal in accordance with the following provisions.

§ 2               Creation of Contracts on the Acquisition of Goods and Services

2.1        The presentation of our goods on the internet portal is not a binding offer. Only ordering of goods by the customer will result in a binding offer in the legal sense.

2.2        The customer can choose goods by mouse click and put them into the basket. As long as the goods are in the basket, the customer can increase, change or delete the selection he made at any time. Only after sending off the entirely completed order form the customer will have made a binding purchase offer.
On ordering the customer is informed by means of the consumer information about his potential right of withdrawal in accordance with Clause 3 of these Terms and Conditions.

2.3        By clicking on the .Print. button the customer can print the binding order.

2.4        After the customer has left the order platform he can no longer retrieve the order on the Internet.
The Supplier stores and uses the statements delivered in this form to perform the sale contract as desired. In particular, he passes on the data to the credit card institution stated as well as to the collecting agency, as far as this is required to settle payment.

2.5        On receipt the Supplier will immediately confirm the order (order confirmation). The confirmation is delivered to the e-mail address provided by the customer on the order form. This order confirmation does not constitute any acceptance of the customer offer, but is solely a statement acknowledging the receipt of the order. In addition, the customer will receive the cancellation policy in written form along with the order confirmation. The contract is only deemed as concluded once the Supplier has dispatched the goods and confirmed such by sending a second e-mail to the customer (confirmation of dispatch). Goods which have been ordered in the same order procedure, but are not listed in the confirmation of dispatch are not subject to the contract.

 

§ 3               Right of Withdrawal; Consumer Information; Information on E-Commerce

- Start of Cancellation Policy

3.1        Right of withdrawal:
Customers who are not acquiring the goods for business purposes or for their freelance business are entitled to revoke their order in accordance with this cancellation policy.

3.2        Execution and deadline of the right of withdrawal:
The customer is entitled to withdraw from his contract in writing (e.g. letter, fax, e-mail) within a two-week period without giving reasons or by returning the goods. This term starts from the date when this cancellation policy has been delivered to him at the latest, but not before the goods have been received by the customer. In the calculation of this term the day the customer received the cancellation policy in writing or the day the goods were delivered to the customer is not taken into account. The terms of withdrawal will be sufficiently complied with, if withdrawal is made or the goods are returned in due time.

3.3       The withdrawal must be sent to:

3.4        The right of withdrawal is invalid or expires when

·  the data medium of audio or video records or software has been unsealed by the customer;

·  goods which are by nature not suitable for return (e.g. sealed goods after removal of the seal).

3.5        Consequences of withdrawal:
The service and payments mutually received and, if applicable, any use made must be returned in the case of an effective withdrawal. If the customer cannot fully or partially return the goods or services received from the Supplier or the quality has deteriorated, he must pay appropriate compensation to the Supplier, if applicable.

This does not apply if the deteriorated quality of the goods can exclusively be connected to the inspection of the goods after delivery has been made, similarly to the way the customer would have been able to do in a shop. In addition, the customer can avoid the duty of compensation by not using the goods like an owner and by not impairing the value in any way.

Goods which can be shipped by parcel are to be returned at the Supplier.s expense and risk. This does not apply, that is the customer must pay the return fees, if the delivered goods meet the requirements of the order and if the price of the goods to be returned does not exceed the amount of 40.00 euros, or in the case of a higher price, if the customer has not yet made payment or instalment in accordance with this contract at the time of his withdrawal. Otherwise the return of the goods is free of charge for the customer.

On receipt of the withdrawal the Supplier is obliged to refund any payments, if applicable, by making deductions in accordance with the law. The customer is obliged to return the goods.

Goods which cannot be shipped by parcel will be collected by us.

- End of Cancellation Policy

3.6        The customer can download and store these Terms and Conditions in printable form as a file at any time from the download area of the Portal.

3.7        Ample information on all potential ways of using the Portal is available to the customer on the Portal. Additionally, the customer is advised about the consumer information/information on e-commerce retrievable on the Portal.

§ 4               Subject and Form of Delivery

            Unless agreed to the contrary, shipment is always made from the Supplier.s warehouse to the delivery address as stated by the customer. In addition, the Supplier is entitled to ship the goods from any other location to the customer.

§ 5               Prices; Shipping Charges; Invoice Data; Reservation of Ownership

5.1        The prices stated are each subject to the statutory value added tax in addition to the packing and shipping charges as stated.

5.2        The Supplier is entitled to pass on the received data to a third party as far as this is required to settle payment.

5.3        The delivered goods remain the Supplier's property until payment has been made in full. The Supplier is in particular entitled to forbid the utilization of the goods and to demand surrender of all copies or the deletion of these if surrender is not possible, if he withdraws from the contract on account of the customer.s default on payments, for instance. Should a third party gain access to the reserved property prior to full payment of the goods subject to this contract, the customer is obliged to inform this third party about the Supplier's reservation and immediately inform the Supplier in writing on the third party.s access.

§ 6               Material Defects and Deficiencies in Title

6.1        For any deficiency of the goods the statutory provisions in accordance with §§ 434 ff BGB (German civil code) are to be applied.

6.2                The period of limitation is 2 years and starts as from the delivery of the goods.

§ 7               Liability, Limitation of Liability of the Supplier

7.1        The Supplier is liable without limitation for any intended and gross negligence. In case of severe breaches of this agreement resulting from slight negligence induced by the Supplier or his legal representatives or his agents in the context of this agreement, the Supplier.s liability to the customer is limited to foreseeable, contract-typical, immediate average damage. The liability is in this case limited to a maximum of 5,000.00 euros in total (in words: five thousand euros) for each case.

7.2        If both the Supplier and the customer bear responsibility for the damage, the customer must accept part of the blame. Clause 7.1 remain unaffected by this.

7.3        The foregoing limitations of liability do not affect any claims on the part of the customer relating to product liability. In addition, the limitations of liability are not valid for any damage to body or health of customers, which is not within the Supplier's area of responsibility.

§ 8               Data Protection

8.1        The provider has taken extensive technical and organizational steps to ensure that data are treated confidentially and only for their particular purpose. Any misuse resulting from illegal acts induced by third parties can, however, not be entirely excluded.

8.2        The Supplier undertakes to exclusively use the data stored during the order process for contractual purposes and to refrain from passing them on to an external third party, unless there is an obligation in this respect as decreed by the authorities or the customer clearly gave his consent to do so.

8.3        The Supplier undertakes to ensure that all employees entrusted with fulfilling the agreement will strictly comply with the statutory data protection regulations.

§ 9               Copyright and Industrial Property Rights

9.1        All charts and texts in the Portal are subject to copyright and neither parts nor excerpts of these must be published, made available to a third party or used or published in any other way.

9.2        The customer undertakes to neither remove nor make illegible the copyright information or any other information about such rights on the Portal.

§ 10           Miscellaneous

10.1      This agreement is exclusively governed by the laws of the Federal Republic of Germany excluding the United Nations convention on contracts concerning the international sale of goods (CISG). The exclusive place of jurisdiction is Frankfurt am Main in the Federal Republic of Germany, provided that the customer is a businessman. The Supplier is additionally entitled to take action at the place of the customer's place of general jurisdiction.

10.2      The German version of these Terms and Conditions and its components as set out here take precedence over translations into other languages in case of doubt.

10.3      The supplementary components of the Terms and Conditions as set out here can be entirely retrieved from the Portal under the following URL: http://www.plastikhosen.de.

10.4      The ineffectiveness of one or several provisions made in this contract does not affect the effectiveness of the remainder of this contract.

10.5      The Terms and Conditions as set out here supersede and replace all previous Terms and Conditions.

Karsten Lehmann, owner of InterTrade

April 2007