Conditions of Use

§ 1 Miscellaneous - Validity
The following business terms and conditions shall apply to any and all present and future business relationships and refer solely to business transactions with a consumer. Consumers within the scope of these terms and conditions with whom we enter into business relationships are natural persons who do not execute any commercial activity or self-employment. Deviating, contradictory or additional general business terms and conditions, even when known, shall not become part of any contract whatsoever, unless we explicitly agree to their validity in writing.

§ 2 Sales Contract
1. The purchase order itself constitutes a binding obligation by the customer to purchase the merchandise ordered. A sales contract is entered upon receipt of the purchase order unless we refuse the order within 24 hours of receipt. Should the customer place the order by electronic means we shall confirm receipt of same immediately. Confirmation of receipt of order does not constitute acceptance of order. Confirmation of receipt of order and acceptance of order can be combined. The purchase order is electronically saved by us and can be emailed to the customer including these general business terms and conditions upon request.
2. We reserve the right to pass processing of the sales contract on to a third party, with whom we have completed respective agreements. In this case collection of obligations within this sales contract will be effected by said third party on their account.


§ 3 Cancellation and Return Policy
1. The customer has the right to return the merchandise within 2 weeks of receipt. The right to return can only take effect by returning the parcel or - in case it cannot be sent as parcel - by requesting that the merchandise be taken back; effecting return shipment of the parcel within the above referenced grace period is acceptable in meeting the right to return deadline.
2. In case the right to return is applied return shipment charges are born by the customer!
3. The customer shall bear the loss of value of the merchandise (depreciation) arising from regular use of the merchandise. The customer shall check the merchandise in a most careful and responsible way upon receipt. The depreciation of the merchandise arising from use of the goods exceeding this regular check and leading to the fact that the merchandise can no longer be sold as "new" shall be borne by the customer.

§ 4 Terms of Payment
1. The sales price offered is binding. The sales price includes applicable value added tax (V.A.T.). In case we mail the merchandise this postage is charged to the customer: shipping within Germany: 4,50 EUR (insured shipping with DPD), Shipping within Europe: 6,00 EUR (uninsured shipping)*, Shipping worlwide: 12,00 EUR (uninsured shipping)*

The customer can pay in advance, c.o.d. (cash on delivery) or upon receipt of invoice. New customers can only order c.o.d. (additional c.o.d. charges) or by payment in advance. The customer will not bear further charges through the use of telecommunications.
2. The customer is obliged to pay the invoiced amount upon receipt of merchandise.
3. The customer has a right to deduct only in case their claim has been acknowledged through arbitration and accepted by us. The customer can only use his right to deduct if his claim arises from the same sales contract.
4. Bank drafts and cheques can not be accepted.

§ 5 Terms of Delivery/Passing of Risk
1. Risk of accidental loss or deterioration passes to the customer upon receipt of merchandise. This also applies to mail orders contracts.
2. Passing of risk is not affected by refusal to accept merchandise on the part of the customer.

§ 6 Retention of Title
1. We reserve proprietary rights until receipt of payment in full.
2. The customer is obliged to handle merchandise in a responsible and careful way and to protect merchandise from access through third parties for example in case of pawning of property. The customer is also obliged to inform us immediately of damages or destruction of the merchandise. The customer is obliged to inform us immediately of the passing of merchandise to another party as well as of change of residential address.
3. We reserve the right to cancel the sales contract in case the customer does not comply with the terms and conditions of the contract especially in case of overdue accounts or in case of disregard of topic one (1) and two (2) of this paragraph and to demand return of merchandise.

§ 7 Warranty
1. The customer has the option to chose repair or replacement. We are, however, entitled to refuse the option chosen by the customer if his choice incurs extraordinarily high expenses and the other option can be fulfilled without major disadvantages to the customer.
2. In case repair or replacement fails, the customer has the option to claim a discount on the purchase price or cancellation of the contract. In the case of minor deviations from the contract especially in the case of minor defects the customer has no right to cancel.
3. The customer must inform us in writing within a period of two (2) months upon receipt of shipment of the defects of the merchandise. Date of receipt of such notification at our offices is relevant in proving due course of claim. Should the customer fail to put in his claim in writing as specified above warranty claims expire after said two months. This does not apply to wrongful intent by the seller. The customer has the burden of proof as to when the defect was detected. In case the customer was persuaded to purchase the merchandise by wrongful statements on the part of the seller the customer bears the burden to prove such allegations. In case of used goods the customer bears the burden of proof for the defect of the merchandise.
4. If a customer chooses to cancel the contract due to failure on the part of the seller to mend or replace the defective or wrong merchandise the customer has no further right to compensation. If a customer chooses compensation after mending or replacement has failed the defective merchandise stays with the customer as long as this is no burden on the customer. Compensation is restricted to the difference between the selling price and the value of the defective merchandise. This does not apply in case we cause the breach of contract at will.
5. The warranty period covers two (2) years from the date of delivery of the merchandise. This does not apply in case the customer has failed to notify us of the defect (see topic (3) of this paragraph).

§ 8 Limited Liability
1. In case of slightly negligent breach of our contractual obligations liability is limited to foreseeable, typical and immediate average damages. This also applies to slightly negligent breaches of contractual obligations on the part of our representatives or staff members.
2. The aforementioned limitations of liability do not apply to customer claims arising from product liability. Moreover, the limitations of liability do not apply to damages to the health and welfare of our customers or to loss of life of a customer caused by us.
3. Claims for compensation due to defects expire one year after delivery of merchandise. This does not apply in case allegations of wrongful intent can be made against us.

§ 9 Final Regulations
Should any one of the terms of a contract be or become invalid or partially invalid, the validity of the remaining terms and conditions of the contract shall not be affected. Instead of the invalid or partially invalid term of a contract a valid regulation which comes economically close to the invalid term shall be accepted in its place.

§ 10 Contract Partner:
Birkibox
Im Rossgrund 9
D- 78098 Triberg
Managing director: Arno Hornung