Conditions of Use
General Business Conditions
· 1 Area of Application
Only the following General Business Conditions, in their valid version at the time of placing an order, will be considered with regard to business relations between FiveEuroEach.com (Owner: Dr. Magdy Imam) and the buyer. FiveEuroEach.com does not recognize differing conditions unless FiveEuroEach.com approves their validity in written form.
· 2 Conclusion of Contract
Your order constitutes an offer to conclude a contract of purchase with us. When you place an order with FiveEuroEach.com, we send you an e-mail to confirm the receipt of your order, including its details (order confirmation). This order confirmation does not constitute an acceptance of your offer but should only inform you that we have received your order. A contract of purchase is only established when we dispatch the ordered product to you and when we confirm the dispatching by a second e-mail (dispatching confirmation). A contract of purchase will not be established for products which may be listed in one and the same order but which are not listed in the dispatching confirmation. The contract will be concluded with Dr. Magdy Imam.
· 3 Revocation
(1) Insofar as you act as customer according to § 13 of the German Civil Code Book (BGB), you have the right to revoke your contractual statement within one month of receipt of the goods, without stating the reasons, in writing (e.g. Letter, fax, e-mail) or by returning the goods.
We shall forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit will be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
Dr. Magdy Imam
Fax: 004930 25799540
(2) The right of revocation does not apply, in the absence of other agreements and without prejudice to other legal provisions, in cases of distance selling contracts.
1. on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded,
2. for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer,
3. for the delivery of products to overseas.
(3) Consequences of revocation
aIn case of a valid revocation, all mutually received goods and services are to be resituated and, if applicable, any derived advantages (e.g. interest) are to be returned by either side. If you are unable or partially unable to resituate the merchandise to us or can only resituate it in a deteriorated condition, then you will have to compensate insofar for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise, as for instance in a retail store, or putting the merchandise to its intended use.
You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the ordered merchandise and if the price of the merchandise to be sent back does not exceed an amount of 40 Euro or if, given a higher product price at the date of the revocation, you had not yet effected the payment or a partial payment agreed upon contractually. In all other cases, the return shipment is free of charge for you. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up at your place. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
· 4 Delivery
Unless otherwise agreed, the delivery will be effected ex-store to the address indicated by the customer. The indication of the delivery date is non-binding as far as a delivery date has not been, exceptionally, confirmed in a binding way.
In case FiveEuroEach.com cannot, through any fault of his, deliver the ordered product because the distributor of FiveEuroEach.com has not fulfilled his contractual commitments, then FiveEuroEach.com will be entitled to withdraw from the contract with customer. In such a case the customer will be informed immediately that the product is unavailable. The legal claims of the customer remain unaffected hereby.
· 5 Payment Deadline and Payment, Delay
The customer can pay the purchase price through PayPal. In case the client is in default of payment, FiveEuroEach.com will be entitled to claim default interest to the amount of 5 % above the p.a. basic interest rate announced by the European Central Bank.
· 6 Set-Off, Retention
The customer is entitled to a set-off only in case his counterclaims have been legally established or are uncontested by FiveEuroEach.com. In addition, he is authorized to exercise the right of retention only insofar as his counterclaim is based on the same contractual relationship.
· 7 Reservation of Proprietary Rights
The ownership of the delivered product remains with FiveEuroEach.com up to the complete settlement of the amount due.
· 8 Liability for Defects
In case the purchased product features any defects, the legal provisions of §§ 434 ff. of the German Civil Code (BGB) are applied. The relinquishment of these customer claims is excluded.
Insofar as it is not otherwise specified in the following, further claims of the customer are excluded -- no matter on which legal foundation they are based. Therefore, FiveEuroEach.com takes no responsibility for defects which do not affect the delivered item itself; especially, FiveEuroEach.com does not take the responsibility for loss of profit or any other financial damage which may affect the assets of the customer. Insofar as the liability of FiveEuroEach.com is excluded or limited, this also applies for the personal liability of employees, representatives and persons in assisting positions.
The precedent limitation of liability does not apply if the defect is caused by intention or gross negligence or if injury to persons may be given.
Insofar as FiveEuroEach.com violates a contractually essential obligation by negligence, the liability to compensate material damages will be limited to the typically occurring damage.
As soon as the compensation has taken place through the substitute delivery, the customer is obliged to return the first delivered product within 30 days to FiveEuroEach.com on FiveEuroEach.com own expense. The returning of the defective product has to take place according to the legal provisions of the §§ 439 chapter 4, 346 to 348 of the German Civil Code (BGB). FiveEuroEach.com reserves the right to claim compensation for damages under the legally stipulated pre-conditions.
· 9 Applicable Law
The Agreement is governed by German Law under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
· 10 Severability Clause
Should any individual statement in this Agreement be invalid, this will not affect the validity of the other statements of these General Business Conditions.