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Cherry LIFESTYLE MERCHANDISE SHOP
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Conditions of Use

General

The following terms and conditions shall apply for all deliveries, contracts and other performance
and services. Deviating general terms and conditions by Buyer shall be opposed. Any deviations
shall require our written confirmation. Our offers even in catalogues and brochures
pages shall be without engagement and subject to confirmation. We shall reserve the right
to change products in form and color.


Contract

After all information for the order has been recorded, it will be shown to you once again in
summary form. Almost all information can be corrected again at this point. With the button
"Order", you will send the order to us and confirm at the same time that you acknowledged our
General Terms and Conditions and that you agree with their validity for this contract.
After receipt of your order, you shall immediately receive a summary by e-mail and, as a
rule, the order confirmation or invoice on the next working day. The purchase contract
shall be reached such that we accept your order by delivering the goods or, respectively,
by notification of the delivery. Contractor shall be Kaldenbach GmbH, 91217 Hersbruck.


Prices

Our prices shall include the statutory value-added tax. For commercial buyers with special
conditions, net prices shall be shown, plus the statutory value-added tax.
Prices shall be subject to change.


Terms of payment

We shall deliver only for payment by cash in advance, i.e. you will receive
the goods immediately after receipt of the amount of invoice.
In case of late payment, we shall be
entitled to demand late interest in the amount of 2% above the corresponding discount
rate of the German Federal Bank, plus turnover tax. For every reminder, costs
of EUR 2.50 shall be invoiced.


Delivery

Delivery shall be made to your specified delivery address by DPD parcel service or, respectively,
equivalent alternative services. Shipping costs shall be shown before releasing the order.
Shipping costs may deviate from the indicated information in case of deliveries of extremely bulky,
large, or small products, hazardous goods (e.g. cigarette lighters), as well as for deliveries to
countries outside of the EC. In that case, however, you shall be immediately advised of the actual
shipping costs due and you will have the opportunity to cancel the order already effected.


Reservation of ownership

The goods remain our property until full payment. Buyer in turn may resell the goods in regular business
transactions; however, Buyer shall assign to us, in the amount of our invoice, any receivables to which
he/she is entitled to immediately or later.


Non-availability of the ordered goods

If a certain product is not available, we shall be entitled to release ourselves from the contractual
obligation of delivery; at the same time, we agree to inform you immediately of such non-availability
and to reimburse immediately any consideration possibly received already.


Warranty and liability

If delivered products have obvious material or manufacturing defects which also include transport damages,
please advise us immediately thereof, or the employee of the carrier delivering the product.
For any other deficiencies of the purchased goods during the statutory warranty period, your statutory
claims shall be applicable at your discretion.


Cancellation

In case of a valid cancellation, the service received on both sides shall be returned and possible enjoyments
thereof (e.g. interest) shall be surrendered. If you cannot return to us the service received whether
wholly or partially or only in deteriorated condition you must replace its value insofar, if applicable.
For a return shipment, you shall bear the cost of the return shipment if the delivered goods are in
accordance with that ordered. Otherwise, the return shipment shall be free of charge for you.


Goods returned

We shall transfer the value of the goods (and the postage as well, if applicable) to your bank or credit
card account which you specified with your order. If you pay on account, we shall set off the postage to
be paid by us against possibly outstanding invoice amounts from the returned delivery. Otherwise, we shall
transfer all amounts to be paid by us to an account which we already have available. We shall send a check
if no account connections are on record with us. You shall be informed of the credit note via e-mail.
If you had not yet paid the amount of the invoice, the invoice shall be no longer valid due to the return shipment.
Under the following conditions, you shall also be reimbursed for the shipping costs of the return shipment:
- The return shipment is made to a German delivery address.
- Within 14 days after receipt of the goods, you cancelled the purchase contract in writing or by e-mail
or returned the goods to us.
- The order value is above EUR 40.00.


Data protection

The data required for order handling shall be stored. Of course, all personal data shall be treated confidentially.


Place of performance and jurisdiction

D-91217 Hersbruck shall be the place of performance and jurisdiction,
also for legal actions on bills or checks.
German shall be our contract language.


Liability

Damage claims for delay, impossibility of performance, breach of contractual and statutory accessory and
protective obligations, fault upon contract conclusion and non-contractual liability shall be excluded,
unless the damage has been caused by gross negligence or intent on our part. Our liability shall be
limited to triple the amount of the price of delivery, irrespective of the legal reason. We apologize for
any misprints on Internet pages, in catalogues and brochures and cannot accept any liability for such mistakes.

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