SPIRITOFELEMENTS GMBH - Standard Terms and Conditions of Business and Delivery
Oktober 1, 2008

I. Applicability and Supplier Information

We supply exclusively in the basis of the following Standard Terms and Conditions of Business and Delivery in the version in force at the time of the relevant order. We hereby reject any business or buying terms and conditions of the Buyer unless we have expressly recognized such terms and conditions.

Supplier information:
Mail address:
carversparadise.com
SPIRITOFELEMENTS GMBH

Goldene Aussicht 7
09306 Königshain-Wiederau
GERMANY
Fon: +49 37383 68633
Fax: +49 37383 68762
EMail: support@carversparadise.com
VAT-ID: DE 261329153
Managing director: Anke Keucher, Sebastian Keucher
Trade register: Amtsgericht Chemnitz: HRB 24407

II. Conclusion of Contract and Withdrawal Rights

Offers by SPIRITOFELEMENTS GMBH are in response to a request to submit a purchase contract offer (order). SPIRITOFELEMENTS GMBH hereby undertakes to accept an order for a product quoted in a web site. The offer is accepted by a confirmation of the order by E-mail.

If the Buyer is a retail consumer, he (she/it) shall be entitled to revoke the purchase contract within two weeks (also by E-mail) or to return the delivered goods within the same period after receipt thereof. Despatch costs shall be assumed by SPIRITOFELEMENTS GMBH if the purchase price is higher than EUR 40. If the Buyer is responsible for any deterioration in the condition of the goods, their fortuitous loss (if they are destroyed or mislaid, etc.) or if it is not possible to return the goods in any other way, he shall reimburse SPIRITOFELEMENTS GMBH for the value reduction or the actual value. Regardless of the reasons involved, the Buyer shall be basically obliged to return the goods to the addressee specified as the sender on the delivery note, with no warranty rights being prejudiced thereby.

No revocation right shall apply for CDs, video cassettes, DVDs or software products if the seal has been broken, nor for services which have been provided on-line (e.g. down-loads).

If there are typing, printing or calculation errors on the web site, SPIRITOFELEMENTS GMBH shall be obliged to correct these. If an order cannot be performed in the offered form on account of such errors, SPIRITOFELEMENTS GMBH shall be entitled to withdraw from the contract.
If the performance of an order is impossible on account of non-delivery by suppliers, SPIRITOFELEMENTS GMBH shall also be entitled to withdraw from the contract. In such a case, SPIRITOFELEMENTS GMBH shall immediately be obliged to inform the Buyer accordingly and to immediately refund any purchase price payments which have already made.

III. Reservation of Title

All goods supplied to the Buyer shall remain our property pending full settlement of all our claims.

IV. Delivery

SPIRITOFELEMENTS GMBH shall be entitled to make part-deliveries. If a part-delivery is made for reasons not attributable to the Buyer, the relevant despatch costs shall be borne by SPIRITOFELEMENTS GMBH.

Deliveries shall be made to the specified delivery address. When goods are despatch, we shall be entitled to select the means of transport and the despatch mode but shall assume no liability whatsoever thereby. The aforesaid exclusion shall not apply if one of our managerial staff has acted with at least gross negligence in business dealings with commercial traders or if any of our staff has acted with at least gross negligence in business dealings with non-commercial traders.

All risks shall pass to the Buyer upon the transfer of goods to the forwarder or carrier but at the latest when the goods leave our works or warehouse. This shall also apply for part-deliveries.

We shall only be obliged to take out transport insurance cover at the express wish of the Buyer. The costs for the aforesaid cover shall be borne by the Buyer .

V. Delivery Period

The specified delivery period is non-committal unless a delivery period has been agreed as binding in exceptional cases. It shall commence on the date of our order acknowledgement but not before all execution details have been clarified in full.

Notwithstanding our rights in connection with delay on the part of the Buyer, the delivery period shall be extended by the period by which the Buyer is in delay with his obligations in connection with this or any other order. This shall apply analogously if a fixed delivery period has been agreed.

If we are ourselves in delay, the Buyer shall be obliged to grant us a commensurate period of grace. He shall be entitled to withdraw from the contract after the aforesaid period of grace unless he has been notified that the relevant goods are ready for despatch by the aforesaid date.

Force majeure occurrences shall entitle us to postpone delivery by the duration of the impediment and a reasonable start-up period or to withdraw from the contract for the unfulfilled part of thereof. Force majeure shall also includes strikes, lock-outs and any other circumstances which materially complicate delivery on our part or make it impossible in any other way regardless of whether the impediment occurs with us or one of our sub-suppliers. The Buyer may request a formal statement on whether we wish to withdraw from the contract or to deliver within a reasonable period. If we make no such statement, the Buyer shall be entitled to withdraw from the contract

VI. Payment Conditions, Due Date and Delay

The purchase price shall be due upon despatch of the goods The Buyer shall be informed of the relevant despatch details by E-mail. The Buyer may pay the purchase price by credit card, cheque or by a direct debt collection procedure. If the Buyer is in delay, SPIRITOFELEMENTS GMBH shall be entitled to charge default interest at 5 % above the annual base rate of the German Central Bank. If SPIRITOFELEMENTS GMBH is able to prove that additional default damages have been incurred, it shall be entitled to enforce the aforesaid costs. If the Buyer is able to prove that SPIRITOFELEMENTS GMBH has incurred no damages or a lower level of damages as a result of the delay, he shall be entitled to make no claims settlement to SPIRITOFELEMENTS GMBH or only to reimburse the default damage in the amount proven by the Buyer.

Data from the buyer are not relayed at third and they can realized, changed and delated from the buyer anytime over the SPIRITOFELEMENTS GMBH service-sides.

All prices are total-prices in EUR the in each case valid value added tax incl.. The prices are valid to the time of the order.
Shipping-expenses, incl. package is raised per order singularly. Gift-packages become optional and calculate per articles with 2,50 EUR. Possibly, additional customs expenses can attack.

Shipping fee information:
Here you find our Shipping & Returns...

VII. Performance Refusal, Retention and Set-Off

No performance refusal right shall accrue to the Buyer in business dealings with commercial traders. A retention right shall only accrued to the Buyer to the extent that his counter-claim is based on the same contractual relationship. Off-setting by the Buyer shall only be permitted insofar as his counter-claims are expressly declared to be undisputed or if his counter-claims have been established by declaratory judgement.

VI. Warranty and Liability

Complaints shall be notified by the Buyer in writing to be received by us within 10 days of receipt of the goods at the place of consignment (also possible by E-mail). This shall only apply in dealings with non-commercial traders to the extent that it is an identifiable defect.

A return of the rejected goods shall only be permitted with our approval. Freight costs shall be presented by the Buyer. A refund shall only be made in the event of a justified complaint.

We shall take back goods which are recognized as defective and shall delivery defect-free goods as a replacement. We shall also be entitled to reimburse the lower value instead. If rectified goods or a replacement delivery is/are abortive a second time, non-commercial traders shall be entitled to a payment reduction or withdrawal from the contract at their option.

Our liability shall be limited to wilful intent or gross negligence regardless of whether contractual or non-contractual claims are involved. The aforesaid liability exclusion shall not apply

• if we are guilty of wilful intent or gross negligence;
• if damages are incurred as a result of the lack of warranted qualities, especially warranted qualities which were especially designed to avoid the occurrence of such damages;
• if we have breached main contractual obligations or important contractual obligations;
• in respect of claims based on the German Product Liability Act (Produkthaftungsgesetz)
• on account of inability or impossibility to supply, and
• in respect of dangers to life and limb.

The limitation period for lawful lacksclaims amounts to 2 years.

VII. Secrecy of Passwords, Access Blocks and Access by Third Parties

The user of SPIRITOFELEMENTS GMBH`s offer shall be unreservedly liable for all consequences and damages which are sustained by the supplier and third parties as a result of an abusive or illegal use of the services or due to the fact that the user fails to comply with his miscellaneous obligations and if he is responsible for the aforesaid failures to comply. The aforesaid shall particularly include duties of care

• for ensuring that the passwords used by the user/Buyer are kept secret, controlled and changed in the event of any identified abuse by third parties and that SPIRITOFELEMENTS GMBH is informed accordingly. For security reasons, SPIRITOFELEMENTS GMBH shall be entitled and obliged to block access/accounts of the user/Buyer if incorrect passwords are repeatedly entered;
• for ensuring that third parties have no direct or indirect access to services of SPIRITOFELEMENTS GMBH offered under the respective customer name unless this has been expressly approved by SPIRITOFELEMENTS GMBH. This shall exclude persons employed in the business operations of the user/Buyer or persons who live in the same household as the user/Buyer. Price reduction, reimbursement or compensation claims caused by third parties for reasons in accordance with clause 1 shall be excluded;
  
• minors may only use the offered services with the consent of the parents or guardians. This shall particularly include orders, the submission of binding offers and any formal declarations.

SPIRITOFELEMENTS GMBH shall not be liable for dangers and risks inherent in the Internet, especially for third party contents and for mediating access for third party contents. The aforesaid ruling shall exclude SPIRITOFELEMENTS GMBH`s own liability for the "SPIRITOFELEMENTS GMBH" Internet page.

VIII. Data Protection

SPIRITOFELEMENTS GMBH has informed the Buyer in detail about the type, scope, place and purpose of the collation, processing and use of the personal data required processing orders.

IX. Legal Venue

If our contracting party is a registered trader, the legal venue shall be Chemnitz - also for bill and check litigation cases.

X. Final Provisions

German law shall apply, also in the case of deliveries abroad. The validity of the law of the United Nations on the International Sale of Goods is excluded. This shall only apply unless it is opposed by mandatory national or international laws.

If our goods are exported by our customer in territories outside the Federal Republic of Germany, we shall assume no liability if third party industrial property rights are infringed by our products. The Buyer shall be obliged to pay any damage compensation which is caused by us as a result of the export of goods which are not expressly delivered for export purposes.

If any of the aforesaid provisions are partially invalid or contain a gap, the validity of the other provisions shall remain in full force and effect.