ARTICLE 1: SCOPE OF APPLICATION
- The following Terms & Conditions shall regulate the sale of goods carried out by Box 73 Amateurfunkservice GmbH via their online shop at www.box73.com.
- These Terms & Conditions shall apply exclusively between Box 73 Amateurfunkservice GmbH and Consumers. Within the context of these Terms & Conditions, a "consumer" shall be any private individual concluding a legal transaction for purposes which predominantly cannot be considered part of their commercial or their professional activities carried out on a self-employed basis.
- Box 73 Amateurfunkservice GmbH shall hereafter be referred to as "Supplier". The contractual partner shall hereafter be referred to as "Customer".
- In the event that the Customer is using their own terms & conditions with different contents, only the Supplier's Terms & Conditions shall apply. We shall only recognise any of the Customer's conflicting conditions or conditions deviating from our Terms & Conditions if we expressly agree to their applying in writing.
ARTICLE 2: COUNTRIES WE SHIP TO / ACCEPT ORDERS FROM
- Currently we accept orders from and ship to the following countries: Australia, Canada, Japan, New Zealand and the United States of America. More countries will be added in the future.
- Customers from other countries can place orders through our main online shop at https://www.box73.de.
ARTICLE 3: CONCLUSION OF AGREEMENT
- The following languages are available for the conclusion of this Agreement: German
- The presentation of the goods and offers of the Supplier in the online shop on their website shall not constitute a binding offer to conclude an agreement.
- By using the button "Buy Now", the Customer submits a binding offer to the Supplier. Immediately after that, the Customer will receive an e-mail from the Supplier confirming the receipt of the order; it will be sent to the e-mail address indicated by them (confirmation of receipt).
- Parcels will be shipped within 3 to 5 working days after the receipt of order from our headquarters in Berlin (Germany). The supplier will send a shipping notification via email to the Customer after the shipment of the goods. This shipping notification does constitute an acceptance of the offer.
ARTICLE 4: TEXT OF THE AGREEMENT
- The Customer can always view the Supplier's Terms & Conditions at the website https://www.box73.com, which they can print or save.
- The order data and the Supplier's Terms and Conditions shall be sent to the customer upon the submission of the order to the e-mail address indicated by the Customer (order confirmation).
ARTICLE 5: RETENTION OF TITLE
The ordered goods shall remain property of the Supplier until such time as the purchase price is paid in full.
ARTICLE 6: WARRANTY
- In the event of warranty claims, the Supplier is first of all required to ensure a subsequent performance of their duties. In the course of the subsequent performance of their duties, the Customer can choose whether they want the defects to be rectified (repair) or whether they want the goods to be replaced (subsequent delivery). If the subsequent performance of the Supplier's duties fails, if they legitimately refuse a subsequent performance of their duties or if no results have been achieved after the time period granted to the Supplier has lapsed, the Customer has the right to demand a price reduction (discount), to declare their withdrawal from the Agreement and/or to claim damages or a compensation for unnecessary expenses.
- The warranty claims due to defects lapse two years following the acceptance of the sold goods.
- No warranty shall be offered for any defects due to natural wear and tear, improper use, deviation from intended operating conditions, electric influences (including any power fluctuations in the power supply),
ARTICLE 7: DELIVERY TERMS
- We ship orders via Deutsche Post Registered Mail, or, in case of larger shipments, DHL International.
- Parcels will be shipped within 3 to 5 working days after receipt of order from our Headquarters in Berlin (Germany).
- Unless specified otherwise, the following delivery times shall apply:
Shipments via Deutsche Post Registered Mail: 8-12 working days
Shipments via DHL International: 14-21 working days
- Any delays in the delivery and/or performance of duties due to force majeure (acts of God) and due to any events which the Supplier is not responsible for and which render a timely delivery/performance of duties temporarily impossible shall relieve the Supplier from their delivery and duty performance obligations for such time period as those circumstances should last. During such time, the Customer shall not have the right to grant us any periods of grace in order to claim damages or withdraw from the Agreement if no results have been achieved. Should the Supplier be responsible for the non-performance of their duties, the Supplier's duty to perform the delivery/services and the Customer's right to set periods of grace shall not be affected.
- Should the Customer provide any inaccurate or incomplete information about their address, or if the goods cannot be delivered due to any other reasons which the Buyer is not responsible for, the Customer shall be deemed in default of acceptance. This shall result in the Customer being obligated to compensate the Supplier for the costs incurred by the default of acceptance or by the violation of any other duty of cooperation and for the purposes of preservation and storage of the goods. Any remaining rights of the Supplier, in particular their right to withdraw from the Agreement, shall remain unaffected.
- In the event of the purchased goods being damaged or lost for reasons which the Supplier is not deliberately or due to gross negligence responsible for, the Customer remains obligated to pay the purchase price, while the Supplier shall no longer be obligated to perform the duty in question.
ARTICLE 8: PRICES AND SHIPPING COSTS
- The indicated prices are final prices for export outside the European Union, i.e. they are without german value-added tax.
- The shipping costs are already included in the prices for our products. There are no additional shipping fees.
ARTICLE 9: PAYMENT TERMS
- We exclusively accept payments made through PayPal.
- Upon submitting their order, the Customer will be forwarded to PayPal and must transfer the order value. Once the Supplier's PayPal account has been notified about the Customer's authorisation, the shipping shall be carried out within 3 to 5 working days, subject to the delivery times specified.
ARTICLE 10: LIABILITY
- The Supplier shall only be liable for damages (regardless of the legal reasons) if the Supplier, their legal representative or an agent caused these damages in a deliberate or a grossly negligent manner.
- The limitation of liability indicated in (1) shall not apply
- to damages to life, body or health
- in the event of any violation of duties, the performance of which makes a proper performance of the Agreement possible in the first place and the compliance with which the contractual partner systematically relies on and has any right to rely on (essential contractual duties)
- in the event of fraudulent concealing of any defect by us
- in the event of liability pursuant to the German Product Liability Law
- in the event of the Supplier offering an attribute and/or durability warranty
- In case of a negligent violation of an essential contractual duty, the liability amount shall only be limited to damages predictable upon conclusion of the Agreement and typical for this kind of agreement.
ARTICLE 11: PRIVACY
- In the course of initiation, conclusion, implementation or rescinding of a contract, the Supplier shall collect, save and process data within the framework of the applicable data protection legislation.
- The detailed information regarding data protection and safety can be found in the Privacy Statement. The Supplier's privacy information can be found here.
ARTICLE 12: THE CUSTOMERS LEGAL RIGHT OF REVOCATION
RIGHT OF REVOCATION
You have the right to withdraw from the Agreement within fourteen days without having to state your reasons for doing so. The cooling-off period shall be fourteen days from the day on which you or a third party authorised by you (that is not identical with the carrier) has/have accepted the last goods.
In order to make use of your right of withdrawal, you must inform us
Box 73 Amateurfunkservice GmbH
Telephone: +49-30-4466-9472 (Mo.-Th. 9-15 CET / Fr. 9-12 CET)
by means of a clear declaration of your decision to withdraw from this Agreement, e.g. by means of a letter sent by post or fax or an e-mail.
For this purpose, you may use the attached example of a withdrawal form, but you are not obligated to use it.
In order for the withdrawal period to be deemed complied with, it is enough for you to send off your notice regarding your making use of your right of withdrawal before the end of the withdrawal period.
CONSEQUENCES OF A WITHDRAWAL
If you withdraw from this agreement, we shall be obligated to refund you all payments received from you, including the delivery costs (with the exception of any additional costs resulting from you having selected a delivery method different from the standard budget delivery method offered by us); the refund shall be carried out immediately, no later than fourteen days following the day when your notice of withdrawal from this Agreement was received by us.
For this refund, we shall use the same payment method used by you to carry out the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees in connection with this refund. We may refuse to refund you your money until such time as the goods have been returned to us or until you have proven that you have sent the goods back, whichever was earliest.
You must send or hand over the goods back to us immediately and in any case no later than within fourteen days following the day of your notifying us of you withdrawing from the Agreement. The scheduled period shall be deemed as complied with if you send off the goods within fourteen days.
You bear the cost of returning goods if the delivered goods correspond to the ordered goods.
You shall only have to bear the costs for any loss in value if this loss in value can be attributed to those goods being handled in any way not necessary for checking the attributes, qualities and functioning of the goods.
(Complete and return this form only if you wish to withdraw from the contract.)
Box73 Amateurfunkservice GmbH
I/We* hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*)
Ordered on ___________________ (*)/received on _______________________(*)
Name of the consumer(s) ______________________________________
Address of the consumer(s)
Date signature of the consumer(s) (only with message on paper)
(*) delete as applicable
ARTICLE 13: APPLICABLE LAW
Any contractual relationships of the parties shall be regulated by the applicable law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods This choice of applicable law shall only apply to customers under the condition that the protection it offers is not suspended by mandatory provisions of the laws of the country in which the Customer is resident.