General Terms and Conditions

The following General Terms and Conditions of Business shall apply to all contracts of sale between my customers and me.

A. General Terms and Conditions

I. Conclusion of a Contract:

Insofar as an order constitutes an offer within the meaning of § 145 of the German Civil Code, I shall be entitled to accept it within two weeks after dispatch of the order.

II. Payment, Costs of Return Shipment in Case of Cancellation:

1. The purchase price is payable upon conclusion of the purchase contract. I require payment in advance. This shall not affect the customer's right of offset within the meaning of sub-clause V. of the General Terms and Conditions. The customer shall bear any costs incurred due to transfer of the purchase price (e.g. bank costs).

2. In case of cancellation (sub-clause IV.) the customer shall bear the regular costs for the return shipment.

III. Delivery:

1. If not agreed otherwise the goods are delivered to the delivery address stated by the customer.

2. I am entitled to rescind a contract, if I have not received the goods ordered from my supplier, from whom I have ordered the goods prior to the contract and whom I have selected carefully. This shall not apply, if the delivery is merely delayed. The customer's legal rights shall remain unaffected.

IV. Cancellation

Cancellation Policy

Cancellation Right

You are entitled to cancel this contract within a period of two weeks without giving any reason.

The cancellation period is two weeks from the day you or a third party you have nominated other than the carrier has received the last items.

To exercise your right of cancellation you have to inform us

Max-Emanuel Hildebrand
Georg-Monninger-Weg 2
D - 86720 Nördlingen
Tel.: +49(0)90 81 240 88 42
E-Mail: info@cazador-del-sol.de

in a clear statement (e.g. a letter sent by post or an e-mail) about your decision to cancel this contract.You may use the model cancellation form, if you wish, but you are not obliged to.

To observe the cancellation period it shall be sufficient to post the statement that you wish to exercise your cancellation right before expiration of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we will refund all payments we received from you, including delivery costs (with the exception of any additional costs resulting from your choosing a different type of delivery from the cheapest standard delivery we offered), without undue delay and at the latest within 14 days from the day we received your statement that you are cancelling your contract. We will make the refund using the same means of payment that you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund. We can refuse to return the payment until we have received all goods or until you provide evidence that you have dispatched the goods, whichever is earliest.

You shall send or give back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline shall be met, if you send back the goods before the period of 14 days has expired. You shall bear the return shipping cost.

You shall only be liable for any loss of value, if it is due to handling of the goods which is not necessary to establish the nature, characteristics and functioning of the items.

Model Cancellation Form

(If you wish to cancel the contract, please fill in the form and return it to us)

To Max-Emanuel Hildebrand, Georg-Monninger-Weg 2, D - 86720 Nördlingen, E-Mail: info@cazador-del-sol.de:
I/We (*) hereby cancel the contract concluded by me/us (*) on the purchase of the following goods (*) /the provision of the following service (*)
Ordered on (*) /received on (*)
Name of consumer(s)
Address of consumer(s)
Signature(s) of consumer(s) (only in case of notification on paper)
Date

(*) Please delete as appropriate

V. Set-Off, Right of Retention:

The customer shall only be entitled to set off payments against counterclaims, if such claims are undisputed, have been finally and conclusively established or have been acknowledged by me. The customer's right to assert a right of retention shall be restricted to counterclaims resulting from the same contract.

VI. Reservation of Retention of Title:

I shall reserve the title in the goods delivered until I have received the full payment.

VII. Warranty Claims:

A customer's claim for damages shall be excluded in accordance with clause VIII. of this contract. Otherwise statutory provisions shall remain unaffected.

VIII. Liability:

Liability shall be restricted to intentional acts and acts of gross negligence and/or – irrespective of the degree of liability – to the breach of fundamental contractual obligations. My liability shall be restricted to typical, foreseeable damages unless the claims are due to intentional or gross negligence. Any other claim for damage shall be excluded. This shall, however, not apply to loss of life, bodily injury or damage to health, damage in accordance with the German Product Liability Act, damage due to the fraudulent concealment of a defect and/or from a guarantee. In these cases I shall be fully liable according to the legal provisions.

B. Special Conditions for Companies, Juristic Persons under Public Law and Special Funds

If the customer acts in his capacity as entrepreneur within the meaning of § 310 I of the German Civil Code or if the customer is a juristic person under public law or a special fund the following provisions shall apply in addition and/or contrary to the provisions of section A.:

If the customer is a consumer, the following provisions shall not apply!

I. Scope of Application:

1. My terms of sale shall apply exclusively. Contrary or deviating terms of a customer shall only apply, if I have expressly consented to them in writing. My terms and conditions shall also apply, where I am aware of the customer's contrary or deviating terms and unreservedly deliver to the customer.

2. All agreements met between the customer and me with regard to the contract of sale are set out in this contract.

II. Quotation Documents:

I reserve the title and copyright to all illustrations, drawings, calculations and other documents. This shall also apply to documents marked "confidential". The customer shall not provide or otherwise disclose any such documents to third parties without my express written consent.

III. Right to Return Goods:

The customer shall have no cancellation right within the meaning of provision IV section A.

IV. Warranty:

1. If the customer is a merchant, warranty claims are subject to the buyer meeting the requirements of § 377 of the HGB (German Commercial Code), i.e. the buyer must examine the goods on delivery and notify the seller of any defect. Non-merchants shall have to notify the seller in writing of apparent defects within two weeks of delivery of the goods. To observe the time-limit it is sufficient to dispatch the notification in due time.

2. If any goods are defective, I shall either repair or replace them.

3. If the goods cannot be repaired or replaced, the buyer shall be entitled to cancel the contract or to have the purchase price reduced.

4. If the customer claims damages in addition, I shall be liable in accordance with the provisions of section A. provision VIII.

5. The statutory period of limitation for warranty claims is one (1) year, excepting defects pursuant to § 438 I sub-clause 2 German Civil Code. §§ 478 and 479 German Civil Code shall remain unaffected.

V. Place of Jurisdiction and Place of Performance:

1. If the customer is a merchant, a juristic person under public law or a special fund, the place of jurisdiction is Augsburg. I shall, however, be entitled to sue the customer at his registered address.

2. Unless otherwise provided in the order confirmation, my registered office shall be the place of performance.

As of October 2014