Conditions of Use

General Terms and Conditions (GTC)

Clause 1
Scope and defence clause
(1) The following General Terms and Conditions in the version valid at the date of ordering will apply to all legal relationships established via this Internet shop between the operator of the shop, Cham-meleon UG (with limited liability) and its customers.

(2) Any of the customer’s general terms and conditions that may conflict with the present provisions are hereby rejected. The former will apply only if they have been expressly confirmed in writing by the vendor.

Clause 2
Realisation of the agreement
(1) The presentation of the goods in the Internet shop does not represent any binding offer on the part of the vendor to conclude a purchase agreement, but is merely an invitation to the customer to make an offer by placing an order.

(2) In placing an order through the Internet shop, the customer makes a binding offer with the aim of concluding a purchase agreement for the goods contained in the shopping basket. In dispatching the order, the customer also recognises these General Terms and Conditions as having exclusive authority for the legal relationship with the vendor.

(3) The vendor will confirm receipt of orders from the customer by sending a confirmation e-mail. This order confirmation does not yet mean that the vendor accepts the offer to enter into a contract. Instead, it serves merely to inform the customer that the order has been received by the vendor. The declaration of acceptance of the offer to enter into a contract will be made only when the goods are delivered, or where an explicit declaration of acceptance has been made.

Clause 3
Cost of returning goods when exercising revocation right
If the customer exercises its revocation right, it must bear the standard return costs if the delivered goods correspond to those ordered and the price of the item to be returned does not exceed 40 euros, or, if the price is higher, the customer has not yet effected counter-performance or made a contractually agreed part payment. Otherwise, the return of goods will be free of charge for the customer.

Clause 4
Revocation right for consumers within the meaning of Art. 13 German Civil Code (BGB)

Cancellation policy:

Revocation right
You may revoke your commitment to a contract within two weeks in text form, (e.g. letter, fax, e-mail), without specifying the reasons, or – if the item has been delivered before the period has expired – by returning the said item. The period will commence upon receipt of these instructions in text form, but not before the date on which the recipient receives the goods (in the case of repeat delivery of identical goods, not before receipt of the first partial delivery) and, in addition, not before our requirements to provide information have been met pursuant to Art. 312c par. 2 BGB, in conjunction with Art. 1 par. 1, 2 and 4 German Ordinance on Information Duties as an Annex to the German Civil Code (BGB-InfoV) and our obligations pursuant to Art. 312e par. 1 sentence 1 BGB in conjunction with Art. 3 BGB-InfoV. Dispatch of the revocation notice or return of the item in good time will suffice in order to comply with the revocation deadline.





The revocation notice should be sent to:

Cham-meleon UG (with limited liability)
Geschw.-Scholl-Str. 71
99085 Erfurt
GERMANY

info@transwonder.de

Consequences of revocation
In the event of an effective revocation, the services received by each side must be returned and, where applicable, any received benefits (e.g. interest) must be paid back. If you are unable to return the received services in full or in part, or only in a deteriorated state, you will be obliged to pay us compensation for lost value to the amount in question. In the case of delivery of items, this will not apply if the deterioration in the item derived solely from inspecting it – such as would have been possible in a physical shop. Otherwise, you can avoid the obligation to pay compensation for lost value due to deterioration from the intended use of the item by not using the item as if it were your property and by avoiding everything that might lower its value. Items that can be sent as packages should be returned at our risk. You must bear the return costs if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros, or, if the price is higher, you have not yet effected counter-performance or made a contractually agreed part payment at the time of revocation. Otherwise, the return of the goods will be free of charge. Items that cannot be sent as packages will be collected from your address. Obligations to refund payments must be met within 30 days. This period will commence for you on the date you send either your declaration of revocation or return the item, and for us when either of these has been received.

Special notes
In the case of a service, your revocation right will expire prematurely if your contractual partner has commenced providing the service with your express permission before the end of the revocation period, or where you yourself have arranged for such action.

End of the cancellation policy

Clause 5
Reservation of title
The delivered goods will remain the property of the vendor until payment has been made in full.

Clause 6
Due date
The purchase price is payable as soon as the contract has been concluded.

Clause 7
Warranty
(1) The customer’s warranty rights will be based on general legal regulations, provided no other provisions are agreed below. The provision in Clause 7 of these General Terms and Conditions will apply to compensation claims by the customer against the vendor.

(2) For consumers, the limitation period for warranty claims by the customer is two years for newly manufactured items, and one year for second-hand items. For companies, the corresponding limitation period is one year for newly manufactured items, and six months for second-hand items. The above reduction in the limitation periods does not apply to compensation claims by the customer resulting from harm to life, limb or health, or for compensation claims resulting from a violation of material contractual duties. Material contractual duties are deemed those that must be met to realise the intent of the contract. Likewise, the above reduction in the limitation periods does not apply to compensation claims resulting from an intentional or grossly negligent breach of duty on the part of the vendor, its legal representatives or vicarious agents.

(3) The vendor does not assume any guarantee.

Clause 8
Exclusion of liability
(1) Compensation claims by the customer are excluded unless otherwise provided for below. The above exclusion of liability also applies for the vendor’s legal representatives and vicarious agents, should the customer assert claims against them.

(2) Compensation claims resulting from harm to life, limb or health, and compensation claims from the violation of material contractual obligations are excepted from the exclusion of liability under Subclause 1 above. Material contractual duties are deemed those that must be met to realise the intent of the contract. Likewise excepted from the exclusion of liability is liability for losses resulting from intentional or grossly negligent breach of duty on the part of the vendor, its legal representatives or vicarious agents.

(3) This will be without prejudice to the provisions in the German Product Liability Act (ProdHaftG).

Clause 9
Prohibition of assignment and attachment
The assignment or attachment of the customer’s claims against or rights towards the vendor is hereby excluded unless the vendor has given its express agreement in writing. The vendor will be obliged to agree only if the customer can demonstrate a rightful interest in the assignment or attachment.

Clause 10
Offsetting
The customer will have the right to offset payment only if the claim it has asserted for offsetting has been finally and absolutely decided, or is undisputed.

Clause 11
Applicable law and place of jurisdiction
(1) German Federal Law shall apply for the contractual relationship between the vendor and the customer. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.


(2) The place of jurisdiction for all disputes from the contractual relationship between the client and vendor shall be the legal domicile of the vendor, provided the client is a businessman, a legal entity, or a special public fund under public law.

Clause 12
Salvatory clause
Should any individual clause of these General Terms and Conditions become void, the validity of the remaining parts of the contract shall in no way be affected.

Source: Attorneys for Labour Law, Hannover (Rechtsanwalt Arbeitsrecht Hannover) Allgemeine Geschäftsbedingungen (AGB)