Conditions of Use

General terms of delivery
the Evang. - Luth. church community St. Nikolai

(at the same time consumer information BGB-InfoV)
to 30. March 2006

I. Area of application

  1. These conditions are valid for the delivery with us of ordered goods between the customer and us also if we should not refer by later shops any more to them.
  2. We contradict deviant terms of business of the customer.


II. Essential signs of our product; contract conclusion; right of withdrawal of the consumer with distant sales contracts

  1. Our product has the essential signs described in our our on-line shop.
  2. By the presentation of our product in our our on-line shop we present no obliging offer for execution, amount, price, delivery time and possibility of delivery of our product. The presentation gets on as a request to the customer how to deliver an obliging offer on end of a contract of purchase with us about our on-line shop.
  3. The offer delivered by the orderer binds it during one period of 14 days - beginning with the entrance of the offer with us. The contract between the orderer and us comes off by the fact that we accept the offer of the orderer after our choice by a written confirmation of order or by transmittal of the ordered commodity. For timeliness the notification of acceptance the sending off of the confirmation of order and/or the sending off of the ordered commodity meets within towards
  4. If the customer is a consumer for the purposes of §13 Civil Code and concerns it with the contract between the customer and us around such for the purposes of §312 b paragraph 1 Civil Code (distant sales contract), there remains to the customer undazed to revoke directed declaration of intention within a period of 2 weeks to us his on the conclusion of the contract towards. The cancellation must not contain grounds. The customer must explain the cancellation in text form or by the return of the case within 2 weeks to us towards; for the period protection the timely sending is enough. Explained the customer the cancellation in text form, is obliged he to the return of the product delivered by us, provided that the product can be sent by package. We bear costs and danger of the return, unless, it would have concerned an order up to an amount of 40.00 EUR gross; in this case the customer bears the costs of the return, unless the delivered product does not correspond of the ordered ones. A right of withdrawal and with it a right of return does not exist with contracts for the delivery of audiorecordings or video recordings or from software, provided that the delivered date bearers or other recording bearer have been unsealed by the consumer and with contracts for the delivery of goods which are made after customer's specification or are cut unambiguously on the personal demands or are not suitable on account of her state for a return or can go bad fast or whose expiry date was crossed.
  5. The customer has to publish in case of the cancellation the delivered product back and the pulled uses. In addition, he has to pay value compensation, as far as the restitution or the publication is excluded after the nature of the attained, he uses the received object, disposes, loaded, has processed or has reshaped or the received object has got worse or has set.
  6. The customer can avoid his liability to pay to us because of the deterioration of the received object value compensation, by the fact that he takes the product delivered by us exclusively for the test purposes of the packaging and takes them in particular not in use.


III. Delivery time, supply, passage of the risk, unavailability of the ordered commodity

  1. We deliver the ordered product - untill another is over agreed - within 2 weeks. The delivery is caused on time, as soon as we have delivered the ordered product to the forwarding agent, the carrier or, otherwise, for the execution of the sending certain person or institution within the period.
  2. The observance of our obligations of delivery as well as the beginning and the observance of an agreed delivery time assumes the proper and timely fulfilment of the contract duties of the customer.
  3. The danger of the accidental setting or the accidental deterioration of the product sent by us goes over on the customer, as soon as we have delivered the case to the forwarding agent, the carrier or, otherwise, for the execution of the sending certain person or institution. If the dispatch is pushed out by request of the customer, the danger of the accidental setting or the accidental deterioration of the product on the customer goes over, as soon as to be ready for sending to the customer our announcement, has shut.
  4. Sales 3 are not valid, as far as the customer is a consumer for the purposes of §13 Civil Code.
  5. We reserve ourselves for the case that the ordered article is not available, to withdraw from the contract, as far as it concerns the not yet full share of the contract. We undertake in these cases to inform the customer immediately about the non-availability and to refund possibly received quid pro quo concerning the affected share of the contract immediately.


IV. Terms of payment

  1. We deliver within Germany at the expenses of the customer against invoice. From a commodity value of 200.00 EUR we deliver basically only against prepayment, as far as the customer has not authorised us in the usual manner, which to draw being entitled remuneration debit note procedure or from his credit card company to us. Deliveries beyond Germany follow in general against prepayment after accounting or after authorisation to the direct debit of a credit card company.
  2. In case of the delivery against invoice the remuneration is to be paid without deduction within 2 weeks after delivery of the product. If the customer does not fulfil his liability to us towards up to this time, he gets in default (§286 paragraph 2 No. 2 Civil Code). We point out to the fact that the customer also gets without explicit reminder on our part at the latest after the expiry of 30 days after the access of the invoice in default.
  3. Against our demands the customer may charge only if his counterclaims are ascertained legally, are recognised indisputable or from us. He is authorised to the exercise of a right of retention only in this respect when his counterclaim is based on the same contractual relationship from which also our remuneration claim follows.
  4. We are also entitled in case of a differently being repayment regulation of the customer to take the credit payments on his older liabilities towards. If the customer also has to pay expenses and interest except the main performance, we may credit the payment first on the expenses, then on the interest and, finally, on the main performance. We will inform the customer about this charging directly.
  5. A bill of debt of the customer goes out only at the moment at which to us the amount of money stands at the free court order.
  6. We accept no one else as the performance owed by the customer in fulfilment instead of.


V. Guarantee, payment of damages

  1. We provide guarantee for the fact after the legal regulations that the product delivered by us is freely from material defects and defects of title, as far as below deviant is not regulated.
  2. If the customer asks because of a material defect or defect of title subsequent performance, the electoral law is due to us whether we remove the shortage or deliver an article free of shortage instead of the defective one. We are entitled to refuse subsequent performance even if it is possible not only with disproportionate expenses. The regulations of these sales are not valid for cases in which the customer is a consumer for the purposes of §13 Civil Code.
  3. The right of the customer, in the cases regulated during paragraph 2 or - as far as it concerns a consumer goods purchase - of withdrawing in the legal cases from the contract or of diminishing the purchase price instead of this by explanation to us towards remains untouched.
  4. The customer is obliged, which to examine as a result delivered product immediately after her delivery with him from us whether her evident material defects stick. If the customer does not indicate evident material defects at the latest after 10 days us towards and for the timeliness of the notice of defect the access is decisive with us, our liability is cancelled to provide guarantee. This is not valid, as far as it concerns paragraph 1 Civil Code around a consumer goods purchase §474.
  5. The orderer is obligated, the commodity supplied by us immediate after its delivery with him to examine thereupon whether you adhere obvious material defects. If the orderer indicates obvious material defects at the latest after 10 days opposite us, whereby for the timeliness of the notice of defects the entrance is relevant with us, our obligation is void to carry guarantee out. That is valid, thus far it around a consumer good purchase (§474 exp. 1 Civil Code) acts.
  6. We pay compensation because of the injury of the life, the body or the health only, provided that the injury on a negligent breach of duty of the Evang.-Luth. church Saint Nikolai - Saint Johannis BgA bookstore or a deliberate or negligent breach of duty of a statutory agent or an agent is based.
  7. We perform damages because of other damages only, provided that the damage is based on a roughly negligent breach of duty of the  church Saint Nikolai - Saint Johannis BgA bookstore or on a deliberate or roughly negligent breach of duty of a statutory agent or an agent.


VI. Retention of title

  1. The commodity supplied by us remains our property, until the orderer fulfilled all demands from our business relation.
  2. With seizing or other interferences third has to refer the orderer to our property and to inform us immediately in writing, so that we can raise complaint in accordance with § 771 ZpO. As far as third is not able to refund to us the judicial and costs out of court in accordance with § 771 ZpO the orderer is responsible for us developed the loss.
  3. If the orderer is in delay of payment, we are entitled to take the reservation commodity back at the expense of the orderer. In the withdrawal or in seizing no resignation is appropriate for the reservation commodity by us of the contract.
  4. If the orderer continues to sell our reservation commodity in the tidy course of business, he steps us already now all demands, which arise for him from the sale against its customers or third, at height of the total amount of our demands against him off. If demands of the orderer from the far sale of our reservation commodity are taken up to a current account, then the orderer retires us already his pecuniary claim at height of the balance recognized in each case, at height
  5. For collection us in advance retired demands the orderer remains also after the transfer authorized. Our power to draw in the demand remains of it untouched. We commit ourselves however to draw in the demand not as long as the orderer follows his liabilities from taken in proceeds, does not turn out in delay of payment and no request for opening is posed to insolvency administration or the orderer stopped his payments is.
  6. We commit ourselves to release to us being entitled collateral to that extent upon the requests of the orderer when their realizable value exceeds the demands which can be secured around more than 20%; the selection of the collateral which can be released is incumbent on us.


VII. Legal question, place of delivery, area of jurisdiction, writing clause, salvatorisch clause

  1. The legal relations between the orderer and us are subject to the right of the Federal Republic of Germany.
  2. Area of jurisdiction is our registered place of business, if the orderer is full buyer, legal entity of the public right or public special estate. We are however entitled in these cases to sue the orderer also at the court of its general area of jurisdiction.
  3. Our registered place of business is the place of delivery.
  4. Special agreements, warranties of characteristics or contract modifications require writing to their effectiveness. From this writing agreement can be deviated only by written agreement.
  5. If individual contractual clauses should not be feasible ineffectively or or become, then the effectiveness of the remaining regulations remains untouched by it. In place of the ineffective or not feasible regulation steps an effective and feasible regulation, which corresponds to the sense and purpose of the contract and would have been agreed upon by the parties, if they would have considered the inefficacy or not feasibility of the regulation.

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