(A.) General terms and conditions and (B.) Revocation clause 

of Allrad-Kontor Bremen e.K., Owner: Kerstin Breves, Alter Dorfweg 16, 28259 Bremen

A. General Terms and Conditions
1. Validity
1.1. All offers, services and deliveries of the registered merchant company Allrad-Kontor Bremen e.K. shall be provided on the basis of the current Terms and Conditions.
1.2. Any counterclaims in the course of business with reference to other general terms of purchasing or other terms of business are hereby expressly rejected. This shall also apply if these claims are communicated via commercial confirmation letters.
1.3. The above provisions shall exclude any individual agreements.
1.4. Allrad-Kontor Bremen e.K. reserves the right to modify, amend or replace the current Terms and Conditions at all times. In each case, the Terms and Conditions as communicated at the respective time shall apply.

2. Contract conclusion
2.1. All information of Allrad-Kontor Bremen e. K. in prospects, catalogues, announcements, on the Internet or in other electronic form shall be considered subject to change and non-binding.
2.2. The information on the website of Allrad-Kontor Bremen e.K. shall not be considered to be a binding contract offer. If the customer places an order, this shall be a binding offer for the conclusion of a purchase contract. Allrad-Kontor Bremen e.K. has the right to accept this offer within two weeks by issuing an express statement. If the ordered product is shipped or an invoice is sent to the customer, this shall be construed as an express declaration of acceptance. The automatically generated confirmation notice which is sent to the orderer via e-mail upon receipt of an order is not an express declaration of acceptance. .

3. Prices
3.1. The purchase price for the objects offered for purchase is in euros, and it includes VAT as regulated by applicable law. The minimum order value must amount to 25,00 EUR. All actual costs related to product dispatch, such as packaging, forwarding, postal and freight costs, as well as, if applicable, any urgent surcharges or additional freight charges, shall be invoiced in addition to the product value.
3.2. Unless otherwise agreed, Allrad-Kontor Bremen e.K. shall abide by the prices as specified in its written offers for a period of two weeks.
3.3. Allrad-Kontor Bremen e.K. reserves the right to award trading discounts on certain products, if the purchaser submits an appropriate proof for business registration before the purchase contract is concluded.

4. Payments
4.1. Invoices are payable by agreement in cash on delivery, advance payment, credit card, check, direct debit or cash payment. A payment shall only be considered as made if Allrad-Kontor Bremen e.K. can dispose of the amount in question. Checks shall only be considered as valid payment after they have been successfully cashed.
4.2. Deductions from discount accounts are permitted only with a special agreement about this in writing.
4.3. In accordance with Article 286, Section. 3 of the German Civil Code (BGB), the purchaser automatically defaults after 30 days of the proper receipt of the invoice. The invoice shall be deemed delivered at the third day after it has been posted. Allrad-Kontor Bremen e.K. reserves the right to invoice any default interest on late payments as permitted by applicable law.
4.4. Allrad-Kontor Bremen e.K. has the right to settle previous, still open payment obligations with any payment made by the buyer. If costs or accumulated interest related to these older payment obligations already emerged, then the incoming payments shall first go towards settling the costs, then towards the interest and finally towards the principal claim.
4.5. The purchaser may only offset claims of the seller if these counterclaims of the purchaser are undisputed or legally recognized; the purchaser may only enforce his rights of retention if these rights are based on claims derived from the purchase contract.

5. Delivery and delays in delivery
5.1. The purchased item(s) shall be delivered to the address specified by the customer. This address may be different from the billing address.
5.2. If Allrad-Kontor Bremen e.K. is deterred from fulfilling its obligations by non-preceding events, such as e.g. missing or untimely or incorrect delivery by its suppliers, and if the company was unable to prevent this delay even by applying all the diligence as could reasonably have been expected considering the respective circumstances, then the delivery and performance deadline shall be extended with the duration of the delay and an appropriate start-up period. The customer may be released from the contract if the delay made his adherence to the contract unreasonable. Likewise, Allrad-Kontor Bremen e.K. may not be held accountable for further obstructions within the context of this paragraph, such as force majeure events, labour disputes, fires and other unforeseen obstacles. If a delivery from a supplier to Allrad-Kontor Bremen e.K. fails and Allrad-Kontor Bremen e.K. is not responsible for this failure, then the company shall be relieved of its delivery obligations to the customer. In this case Allrad-Kontor Bremen e.K. is obliged to inform its contractual partner immediately about the unavailability of the product/service and to refund any advance payments without delay.
5.3. Changes in construction design and shape, variations of colouring as well as changes in the scope of delivery remain reserved, provided that these changes or variations are acceptable for the purchaser while also taking into consideration the seller's interests. No rights may be derived if the seller or manufacturer chooses to use characters or numbers to label the order or the ordered purchase object.

6. Retention of title
6.1. Allrad-Kontor Bremen e.K. reserves the title to all delivered items until the purchase price has been fully paid.
6.2. The goods owned by Allrad-Kontor Bremen e.K. and subject to retention of title must be insured against fire, water, burglary and theft in the course of business while title is reserved. The rights resulting from this insurance shall be assigned to Allrad-Kontor Bremen e.K. The company accepts the assignment of these rights.
6.3. The customer is entitled to resell, pawn, assign, lease or transfer any goods subject to retention of title only after obtaining written approval from Allrad-Kontor Bremen e. K.
6.4. If the purchase object is linked to or mixed with other objects which do not belong to Allrad-Kontor Bremen e.K., then Allrad-Kontor Bremen e.K. shall acquire co-ownership of the new resulting entity, and shall be entitled to a share of it. This share shall correspond to the value of the purchase object as compared to the value of the other linked or mixed-in objects at the time of their conjunction or intermixture.
6.5. Should any third party gain access to the goods subject to retention of title, the customer must inform that third party about Allrad-Kontor Bremen e.K.'s title rights and immediately communicate this to Allrad-Kontor Bremen e.K. in writing.

7. Wrong or faulty delivery
7.1. The customer must inspect the product for completeness, transportation damages, apparent defects, condition, characteristics and compliance with the invoice immediately upon receipt.
7.2. If no formal complaint in writing is filed within five days of delivery, it shall be considered that the product has been delivered properly and fully, unless the product has a defect which was not evident upon examination.
7.3. The relevant legal regulations shall apply for any non-obvious defects.

8. Defects of quality and liability
8.1. In accordance with statutory regulations, any claims of the buyer for defects in quality of new parts become time-barred within 2 years of product delivery unless otherwise agreed in the following paragraphs.
8.2. If the buyer is a legal person governed by public law, a special fund under public law or an entrepreneur who acts in a corporate capacity or in a capacity as self-employed professional at the time of signing of the contract, the guarantee term shall be one year.
8.3. Any claims of the buyer for defects in quality of used parts become time-barred within 6 months of product delivery if the buyer is a legal person governed by public law, a special fund under public law or an entrepreneur who acts in a corporate capacity or in a capacity as self-employed professional at the time of signing of the contract. Claims of other buyers (customers) for defects of quality shall become time-barred within one year of product delivery.
8.4. Further claims shall remain unaffected if a fraudulent concealment of defects is identified or a quality guarantee has been issued.
8.5. The following shall apply for the removal of defects: a) Claims for the removal of defects may be submitted by the purchaser to the seller. If claims are submitted verbally, a written confirmation proving the admission of the complaint must be handed to the buyer. b) All replaced parts shall become property of the seller. c) The buyer may submit claims for defects of quality of the newly built-in parts during the removal of defects. These claims shall be based on the purchase contract and they may be submitted until the end of the statutory period of limitation for the object of the purchase.
8.6. If, on account of the legal regulations in accordance with these conditions, the seller has to answer for a damage which was caused by negligence, then the seller's liability shall be limited Liability shall only be assumed if there is a violation of an essential contractual obligation and the extent of liability is limited to the usual coverage provisions for damages at the time of contract conclusion. This limitation shall not apply if there is an injury to life, body or health. If the damage is covered by an insurance (excluding insurance policies on a fixed-sum basis), which was contracted by the buyer for the respective damage event, the seller shall only be deemed liable for any disadvantages to the buyer which are related to this insurance, e.g., higher insurance rates or interest disadvantages until the damage has been settled by the insurance company. The same shall apply for damages which were caused by defects of the product.
8.7. Independently of the seller's fault, the liability of the seller for a fraudulent concealment of defects, the assumption of a guarantee or a quality-related risk as well as the liability as per the Product Liability Act shall remain unaffected.
8.8. The seller is also liable if the delivery is accidentally made impossible because of the delay, unless the damage would also have been caused even with a timely delivery.
8.9. The personal liability of legal representatives, assistants and employees of the seller for damages caused by negligence is excluded.

9. Data protection
9.1. Allrad-Kontor Bremen e.K. shall store and handle all personally identifiable customer data with confidentiality. If necessary, personal data may be provided to affiliated companies for the purposes of order processing.
9.2. Customers are entitled at all times to demand information about any stored data related to them. This information shall be provided free of charge. Such data may be modified or deleted if so demanded by the customer.

10. Place of fulfilment, applicable law and court of jurisdiction
10.1. The place of fulfillment is Bremen.
10.2. If the customer is a merchant, the court of venue for all existing and future claims resulting from the business relationship with Allrad-Kontor Bremen e.K. is Bremen. Allrad-Kontor Bremen e.K. may also pursue its claims before the courts responsible for the customer's general jurisdiction. The appointment of an exclusive court of jurisdiction shall remain unaffected. Bremen shall also serve as a court of jurisdiction if the orderer: has no place of general jurisdiction in Germany; changes his place of domicile or habitual residence from Germany to another country after conclusion of the contract; or his place of domicile or habitual residence is unknown at the time the claim is lodged.
11.3. All legal relations between seller and buyer are governed by the law of the Federal Republic of Germany subject to the Uniform Law on the International Sale of Goods (CISG).

11. Severability clause
If any provision of this contract or these Terms and Conditions is held invalid, or if the contract is incomplete, such invalidity/incompleteness shall not affect the other provisions of the contract/the Terms and Conditions. In lieu of the invalid or missing provision the respective legal regulations shall apply.

As per: January 2009

B. Revocation clause
1. Right of revocation
1.1. You may revoke your conclusion of a contract with us within a period of two weeks, in writing, without stating reasons (e.g. by letter, fax or e-mail) or - if the goods have been delivered to you before the end of this period - by returning the goods. The period starts once this information has been received in text form, but not before the goods have been received by the recipient (in the event of recurrent deliveries of similar goods, not before receipt of the first partial consignment) and not before we have fulfilled our obligation to inform you in accordance with Article 312c Section 2. of the German Civil Code (BGB) , in connection with Article 1 Section 1, 2 and 4 of the Information Ordinance (BGB-InfoV) and our duties in terms of Article 312e Section. 1 Sentence 1 of the German Civil Code (BGB) in connection with Article 3 of the Information Ordinance (BGB-InfoV). Your timely dispatch of the revocation or the goods is sufficient for adherence to the revocation period.
1.2. The revocation must be sent to: Kerstin Breves, Allrad-Kontor Bremen e.K., Alter Dorfweg 16, 28259 Bremen, Fax: (0421) 45 85 29 60, E-Mail: info@allrad-kontor.de
1.3. The right of revocation shall not apply to the delivery of goods which were manufactured as per customer's specification or which were clearly tailored to suit personal preferences or which are not eligible for return due to their nature.

2. Consequences of a revocation
2.1. In the event of an effective revocation, any goods or services received by either party must be returned/reimbursed. If you should be unable to return the goods/services received from us, either entirely or partially, or should only be able to return the goods in a poorer condition, you will be liable for compensation. In the case of goods received, this will not apply if the deterioration in the state of the goods is only due to them having been tested, e.g. in a manner similar to that possible in a shop. In addition, you may avoid the obligation to pay compensation for any damages by not utilising the goods as your property and avoiding any activity that could adversely affect their value. Any goods that can be returned in a package must be returned at our risk. You will be responsible for the cost of return, if the goods delivered to you are in accordance with your order and if the price of the goods to be returned does not exceed an amount of EUR 40.00, or if their price is higher but you have not yet paid the required amount or any partial payment agreed upon at the time of revocation. If this should not be the case, you will incur no costs by returning the goods. Any goods that cannot be sent as a parcel will be collected from you. Obligations for the reimbursement of payments must be met within a period of 30 days. This period will begin for you when you send your revocation notice or the goods, and it will start for us once we receive either of these.

End of the revocation clause