Redaktion ocinside.de Fanshop

1)
Validity of conditions
a) Deliveries, service and offers of the seller are based exclusively on this Terms Of Service. These Terms Of Service are thus valid for all future business connexions, even if they are not declared explicitely again a second time. This conditions are considered as accepted at the lates at receipt of the goods. Purchaser's reconfirmation is herewith - with advice to his conditions of business and purchase - denied.
b) Deviation to this Terms Of Service are only valid, if the seller confirms in writing.

2)
Offer and contract conclusion
Our offers are subject to confirmation and without obligation. Declaration of acceptance and all orders need to be confirmed by us in writing or telephonically to get a legal effect.The same is valid for amendment, changes or additional agreement.

3)
Prices
As far as not declared otherwise, the seller is bound to prices included in his offers for a period of 7 days after presentation. Decisive are the prices given in the seller's order confirmation. Additional service and deliveriesare charged seperately.

4)
Terms of delivery
a) Dates of delivery , which are agreed obliging or without obligation need to be done in writing.
b) Shipment takes place against prepayment, bank transfer in advance or, if desired, cash on delivery plus C.O.D. dues.
c) Delay in delivery and service caused by force majeure or incidents, which complicate or inhibit the delivery by the seller, in particular strike :-), lock-out, regulatory order and false, delayed delivery of the seller's contractor respectively, lies not in the responsibilitys of the seller, even at binding dates or time limits. You authorise the seller to - for the period of inhibition with addition of an appropriate start-up period - postpone the service and delivery, repectively or to cancel the contract completely or partially due to not yet fulfilled parts.
d) Inhibition taking more than 3 months authorises the purchaser - adding an appropriate time period - to cancel the contract concerning the not yet fulfilled parts. Extension of delivery date or cancellation of the sellers commitments do not authorise the purchaser to claim for damage.The seller may only appeal to the mentioned circumstances, if he informs the purchaser immediately.
e) The seller has the right to deliver parts of the articles and/or service.

5)
Prices and payment practice
a) Our prices include the VAT (currently 19 %).
b) Payment possibilities: against prepayment (transfer in advance).
c) The shipmentis done by post.

6)
Shipment and transfer of perils
a) On purchaser's demand we insure the shipment on the purchaser's behalf and on the purchaser's account. The peril is transferred to the customer as soon as the goods are transferred to the transport company.
b) For shipment of goods to us the customer is taking the perils of transport, if it is not a reconsignment of defective goods. The costs of transport will be compensated only for legitimate rejected goods.

7)
instruction of withdrawal following §3 para. 2 statute of distance selling legal instructions to §3 statute of distance selling, §361a and §361b, civil code - Right of withdrawal/Right of return
The statute of distance selling is valid for all sales, which are accomplished only by means of telecommunication.
Excluded therefrom are unsealed media and consumables. Additionally excluded are goods ordered for commercial use, for reselling or for self-employed business.
The statute of distance selling offers to you the right of return within one month starting at delivery date (valid at receipt of the goods). The withdrawal is done in writing or by reconsignment of the goods; to ensure the time limit send on time to: Redaktion ocinside.de Jens Pressel Iltisweg 3 47800 Krefeld. From an odering value of 50.00 Euro on the costs for reconsignment will be covered by us. For reconsignment please use the packaging material received with the atricle. After complete receipt of the article potential payment plus potential costs of reconsignment will be compensated as a matter of course.
The consumer has to treat the articles relinqushed to him in a good manner and may only use these articles conventionally. Is the consumer responsible for the degradation, destruction or the ohther impossibility, he has to compensate the decrease of value or the value itself to the businessman. The reconsignment has to be done complete and unharmed.

8)
Retention of title
a) We reserve the title of the delivered goods until all payment requests deriving from the business connexion of the parties are fulfilled, including requests of former deliveries. The purchaser may only dispose of the items counted under retention of title, if processed, fitted or resold in duly routine.
b) In case of resale of goods the purchaser transfers his title to us already now. We are authorised and the purchaser is obligated at our will to show the customer this transfer of title in writing. As the case may be the purchaser has to - in the way of extended retention of title - reserve the title of the customer's goods to us.
c) If the goods under retention of title are distrained, the purchaser has to inform us immediately and to inform the third about our rights. Further he has to provide us with the necessary documents to intervene. The costs of intervention are for the purchaser's account.

9)
Duty of secrecy
We are authorised to process all data concerning the business connexion with the customer in accordance to the duty of secrecy. On demand all saved data can be deleted.

10)
Warranty and contractual limitation of liabitity
a) Effective are the legal warranty statutes (2 years starting with date of account). Several producers of components expand their guarantees (producer's guarantee).
Those are effective for software. Read carfully the terms of a licence.
b) The time limit of warranty starts wih date of delivery. In case of contravention to operation or service instruction of the seller, modification on products,exchanging of product's parts or use of consumables, which do not comply to the original specifications,any kind of warranty will be lost.
c) The purchaser is obliged to inform the seller about deficiencies at once or latest one week after receipt of the delivered goods in writing. Deficiencies, which cannot be detected within this time limit, even by careful examination, have to be describes to the seller immediately after detection in writing.
d) In case of information by the purchaser about the products not complying to the warranty, the seller demands to send/deliver the defect product/device with a detailed description of the deficiencies, including model and serial number and a copy of the bill of delivery and account, with which the product was delivered, to the seller for repair. The products/devices have to arrive as free delivery in original packaging with description of the product. By the exchange of product's parts/components or whole devices no new warranties will become effective. Inappropriate use of devices, unauthorised manipulation of third parties, modification and opening of devices lead to exclusion of any kind of warranty. The warranty is only restricted to the repair or exchange of defective products delivered. In case of loss of data on the device to repair due to our efforts of repair, the risk is with the purchaser.
e) If the amendment should fail after a appropriate time limit, the purchaser may demand either a decrease of commision or cancellation of the contact. Excluded from withdrawal are all products, which are produced on special demand of a customer or have been modified by a customer.
f) Commitment for normal abrasion is excluded.
g) Title of warranty against the seller are only effective to the direct purchaser and are not transferable.
h) The paragraphs above contain eventually the warranty for the products and exclude all other kinds of warranty.

11)
Licence recuirements, use of software
a) The licence requirements are accepted by opening of the packaging of the disk or CD. f not explicitly mentioned in another way, the price of a software, i.e. software licence, is in priciple a simple, not exclusively and nonnegotiable right of use for a single user computer. It is not allowed to copy neither software (except backup copy) nor documentation.
b) Acceptation/redemption of opened or used goods is not possible, even if it was a false delivery.
c) Purchaser and seller agree that is is impossible at the state of the art to exclude software failure in all possible conditions of use. We are neither responsible for the correct use of software by the customer, nor for backup of data incl. data itself, nor for the ordered software being executable on the customer's computer system.

12)
Severability clause
If one clause of these Terms of Service is or becomes false respectively, all other clauses remain effective.

13)
Place of execution and jurisdiction
Place of execution for all obligations resulting from the contract is Krefeld. Jurisdiction for all legal proceedings resulting from the contract is agreed to be Krefeld. We are although authorised to sue the purchaser/customer at his place of residence. Complementay to the conditions of the contract only the law of the Federal Republic of Germany is valid.
Status: 01.01.2007