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Terms and Conditions


Standard Terms and Conditions

1. Contract conclusion:
The items displayed in this online-shop are not rightly binding as an offer. They are a non-binding part of an online-catalogue and subject to confirmation. After entering your personal data and by clicking the "Buy article(s)" button, you are then making an obligatory order of the items in the shopping basket. The confirmation of the order follows immediately after sending the purchase order. The sales contract becomes valid with the conveyance of the invoice, which is sent to you by e-mail within our opening hours (on Mondays till on Fridays at the time from 8 a.m. to 4 p.m.) within an hour after the order, at the latest however within 2 days, or the delivery of the goods within 2 days. If we should have not transmitted an invoice to you or delivered the product to you within 2 days, you are no longer bound to your order.

2. Contract text:
The text of the contract will be saved. You may have an insight into the standard terms and conditions anytime on this website. You may also save the terms of contract. Your concrete data of order cannot be called up by internet due to safety reasons. They are handled confidentially in accordance with the Data security and privacy regulations.

3. General provisions:
The following General Terms and Conditions of Tonerfabrik™ Berlin, proprietor Stephan Zlanabitnig apply exclusively for all contracts, delivery or other performance. Any contrary terms and conditions or those of the customer which may contradict the General Terms and Conditions of Tonerfabrik shall not be recognized unless Tonerfabrik™ Berlin explicitly agrees to their application in text form (section 126b German Civil Code (BGB). The General Terms and Conditions of Tonerfabrik™ Berlin also apply if Tonerfabrik™ Berlin executes delivery or performance for the customer without reservation while aware of existing contrary or contradictory terms and conditions of the customer. The General Terms and Conditions of Tonerfabrik™ Berlin also apply to any future business with the customer. Tonerfabrik™ Berlin may change or supplement general terms and conditions giving an adequate period of notice. Offers made before this period will be handled according to the general terms at the moment of order confirmation.

4. Offer:
Our offers are non-binding. Small differences and technical changes as compared with our illustrations and descriptions are possible. The catalogue looses its validity with the publication of a new edition.

5. Terms of delivery and payment:
Inside of Germany goods amounting to € 29 or more are free of cost for transportation, franco domicile. All prices are understood including regular VAT of 19% at the moment. Payment is to be made previously by bank transfer, "Sofortüberweisung", "PayPal" or cash on delivery. For requested special kinds of delivery a local surcharge is added. The customer may also request a partial delivery. Cash on delivery will add a surcharge and is available to all customers inside of Germany.

6. Period of delivery:
Goods that are marked Available from stock will be sent off within 48 hours after receipt of in-payment and the delivery time is, including the aforementioned 48 hours after in-payment, within Germany 3-5 days, within the EU and Switzerland 5-7 days and outside the EU 7-14 days. Please gather divergent delivery periods from the article description. The delivery is made by our logistics partner DHL. Cases of force majeure entitle Tonerfabrik™ Berlin to postpone the delivery or performance for the duration of the hindrance, even during delay. In other cases the customer may withdraw from the contract after the customer grants Tonerfabrik™ Berlin a reasonable extension if delay is already in effect. He is then entitled to withdraw from the contract upon fruitless expiry of this extension and an ineffective threat of non-acceptance. As events of force majeure are considered all events which prevent or unreasonably impede to Tonerfabrik™ Berlin the delivery or performance and for which Tonerfabrik™ Berlin is not responsible, such as lawful strikes or lockouts, war, import and export prohibition, shortages of energy and raw materials, government intervention, and delayed self-supply beyond the responsibility of Tonerfabrik™ Berlin. Should the hindrance caused by the manufacturer or supplier last longer than two months, the customer as well as Tonerfabrik™ Berlin are entitled to withdraw from the agreement. Claims for damages made against Tonerfabrik™ Berlin as a result of delay or hindrance of performance, even those having arised until withdrawl from contract, are not possible, except if a legal representative of Tonerfabrik™ Berlin, Zlanabitnig has acted with gross or intentional negligence.

7. Rights of Revocation:
Being a consumer (a consumer is every natural person who does not conclude an order for a purpose which can be attributed to the person's commercial or occupational activity.) in the European Union, as well as in Switzerland and Norway, you have the right of withdrawal within 14 days. If the consumer buys goods, the following revocation instruction applies to merchandise purchases. If the consumer takes up services, the revocation instruction attached following the revocation instruction for merchandise purchases applies to services.

7.1. Revocation Instruction – in case of shipment of merchandise:

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (TONERFABRIK BERLIN, propr. Stephan Zlanabitnig, Schnellerstraße 96, D- 12439 Berlin, PHONE: +49 (0)30 - 67892219, FAX: +49 (0)30 - 67989903, service@tonerfabrik-berlin.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the Revocation Instruction – in case of shipment of merchandise


7.2. Revocation Instruction – in case of services:

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (TONERFABRIK BERLIN, propr. Stephan Zlanabitnig, Schnellerstraße 96, D- 12439 Berlin, PHONE: +49 (0)30 - 67892219, FAX: +49 (0)30 - 67989903, service@tonerfabrik-berlin.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the Revocation Instruction – in case of services


8. Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:
TONERFABRIK BERLIN, propr. Stephan Zlanabitnig, Schnellerstr. 96, D-12439 Berlin,
FAX: +49 (0)30 - 67989903, E-Mail: service@tonerfabrik-berlin.de:

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Ordered on (*)/received on (*):
- Name of consumer(s:
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:

(*) Delete as appropriate.

The Model withdrawal form can be downloaded as PDF-file here.


9. Guarantee:

9.1. Guarantee for consumers acc. to § 13 BGB
Sales contracts between Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig and consumers are subject to public law according to § 13 BGB.

9.2. Guarantee for the entrepreneur acc. to § 14 BGB
Sales contracts between Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig and entrepreneurs according to § 14 BGB contain the following regulations of guarantee:
Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig guarantees that the sold goods are free of material defects and manufactural defects at the time of passing of risk, and that they have the assured characteristics by contract. On arrival of the goods the customer has to examine the goods for defects and composition immediately. Applicable herein are the common law deadlines for lodging complaints. The guarantee lasts for 24 months starting from deliverance. When lodging complaints the date of purchase has to be proven by the in-voice. The item of complaint must be returned together with a copy of the in-voice and post-paid sufficiently. The guarantee does not include normal wear and tear or consequence of wrong operation. The guaratee expires if the customer makes changes to the delivered item. A partial or complete exchange of the item is feasible. Should Tonerfabrik not be willing or able to rectify the defects/make a substitute delivery or, in particular, should this be delayed beyond a reasonable period of time, the customer is entitled within the legal regulations to either withdraw from the agreement or demand price reduction.

Claims for loss of guarantee of third parties caused by our products are impossible. As far as in compliance with the common law BGB, claims of compensation for resultant damage due to defects are impossible. Further going claims of compensation of the customer, no matter the legal justification are impossible. We are therefore not liable for any damage that has not arised on the delivered item itself. Particularly, we are not liable for loss of profit or other damage to assets of the customer.

The reduction of liability of the last passage is not valid if the Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig or one of its own assistents to fulfillment or legal representatives act with gross negligence or intentional violation of duty, and this is causal for the damage emergence.

10. Place of jurisdiction ( not valid for consumers § 13 BGB) :
10.1.
If you are an entrepreneur, a legal person by public law or a special asset by public law the place of jurisdiction for all disputes concerning the contract between you and us, and arising lawsuits born out of the contract is our german residence. This is also valid for offensive claims.
10.2. Number 10.1 is not valid in cases as follows:
1. If the lawsuit concerns non-wealth claims that are assigned to district court negligent oft the worth of object of disagreement or
2. if the legal action or collection proceedings are assigned to an exclusive place of jurisdiction.
10.3. Numbers 10.1. and 10.2. are valid even if you have no public place of jurisdiction in Germany, or if you move your place of residence after contract closure, or your place of residence or regular domicile is unknown at the time of institution of proceedings.
10.4. If the requirements of number 10.3. are fulfilled on only our behalf the place of jurisdiction is your german place of residence.
10.5. In cases not covered by 10.1., 10.2., 10.3., 10.4., the place of jurisdiction is assigned by applicable legal regulations.

11. Place of performance ( not valid for consumers § 13 BGB) :
If you are an entrepreneur, a legal person by public law or a special asset by public law the place of performance is our residence at the moment atthe moment Zlanabitnig).
the moment of contract closure (Tonerfabrik™ Berlin, Inh. Stephan Zlanabitnig).

12. Retention of ownership:
Firma Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig retains ownership of the object of agreement until all payments resulting from the contractual obligation with the customer are received in full.

13. Applicable law:
The agreement is subject to the laws of the federal republic of germany.

14. Language of the agreement:
Into dependence of the language (German or English) chosen at the order of the buyer the language of the agreement is German or English.

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