I. Scope of Application
The following General Terms and Conditions of Repair apply to all repair orders that are placed by the customer with Damasko GmbH, Unterheising 17c, 93092 Barbing (contractor).
II. Conclusion of Contract
A contract with the customer shall only be concluded after notification of acceptance by the contractor.
All contractor's prices are in Euros and are subject to the applicable VAT.
IV. Packaging and Shipping
The customer shall bear the cost of packaging and shipping of the items, if the items will be shipped for return to a place other than the place of business of the contractor.
V. Payment Terms
(1) The customer shall pay the compensation owed on collection of the items.
(2) If the items are shipped to a place other than the place of business of the contractor, the customer has to pay the compensation owed as well as the cost of packaging and shipping before shipment. Shipment is made immediately upon receipt of payment to the account of the contractor.
VI. Collection and Acceptance
(1) The customer shall collect repaired objects on presentation of the pick-up slip or other appropriate Proof of Entitlement.
(2) If the repaired items are shipped to a place other than the place of business of the contractor at the request of the customer, then any deficiencies must be communicated to the contractor within ten days after shipment. Otherwise, the work shall be deemed accepted.
(1) The claims of the customer due to defects are initially limited to supplementary performance. If the supplementary performance fails, the customer may reduce the compensation for the work or withdraw from the contract.
(2) The claims of the customer pertaining to defects shall expire within one year of acceptance.
(1) The liability of the user for a minor negligent breach of immaterial obligations is excluded.
(2) The liability of the user for a minor negligent breach of material obligations is limited to the contract-typical, foreseeable damage.
(3) The liability of the user for unforeseeable indirect or consequential damages is excluded.
(4) The exclusion and limitation of liability shall also apply to breaches of obligations by legal representatives or agents of the user.
(5) The above exclusion as well as the limitation of liability of the user shall not apply to damages arising from injury to life, body and health of the contractual partner, as well as the gross negligence of the user, his legal representatives and his vicarious agents as well as to claims arising from product liability.
IX. Cost Estimate
(1) Cost estimates by the contractor are not binding.
(2) The customer shall bear the costs of the cost estimate. It amounts to 30.00 euros, including VAT. Should the customer place a repair order upon the cost estimate, then the cost estimate is free of charge.
X. Right of Lien
Due to the claims stemming from the contract, the Contractor is entitled to a contractual lien on the items that came in his possession on the basis of the order.
XI. Applicable Law
The contract with the customer and these General Terms and Conditions for End Users are subject to the laws of the Federal Republic of Germany with the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).This shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the end consumer has his habitual residence.
XII. Online disputes
The EU commission provides an online platform to settle disputes online (the so- called ODR website). The ODR website gives consumers the chance to solve disputes concerning their online order without the immediate involvement of a court. The ODR website can be reached under the following link: http://ec.europa.eu/consumers/odr. At the present time, the user is not participating in such a procedure.
XIII. Place of Jurisdiction
Place of jurisdiction is Regensburg (Germany), insofar as the customer is a businessman, legal entity under public law or special fund under public law.
Valid: October 2018