General terms and conditions § 1 General conditions   These general terms and conditions are valid for the entire business relation with our customers. Contrary general terms and conditions shall become subject matter of the contract only then if they are acknowledged in writing by TREND. In the case of an acknowledgment, this restricts itself to the respective business. The goods will be solely delivered to stated implementations, package-being-ness as well as minimum quantities in the current brochure or on the Website exclusively. Technical alterations in the sense of a technical advance as well as customary deviations in form, colours and weight within the bounds of reasonable alterations remain us reservations. Orders are only binding for us as far as we confirm them or follow them through transmission of the ware. At anytime, we are entitled to part deliveries and part performances in the event of a cogent reason. § 2 Prices   Provided doesn't mention specifically differently in the advertisement, the prices refer to the articles portrayed in each case in accordance with description, not however on accessories or decoration. All prices understand themselves inclusive current and valid VAT. That in the current advertisement quoted prices refers on the respective publication-time of the advertisement. Price changes after this time remain reservations. With contracts closed already, a change of the appointed price is excluded. § 3 Delivery - and performance-conditions   The delivery takes place under the reservation that TREND itself is supplied in time and right. TREND is not responsible for delivery - and performance-postponements by virtue of force majeure or of events, that essentially impede the salesperson the delivery or make impossible (belongs especially undeserved considerable breakdowns, strike, lock-out, official appointments as well as product-ion - and delivery-narrow passes with the manufacturer, especially because of considerably climbed demand, to this even if they enter with the supplier of the salesperson or their subcontractor) also within binding appointed fixed periods and dates. The delivery- and performance-postponements entitle TREND to defer the delivery as well as performance about the duration of the hindrance plus an appropriate acceleration time or because of the part furnished not yet completely or partially to cancel the contract. If TREND cancels the contract because of not-availability of the ware, we commit ourselves to inform the customer about the not-availability instantaneously and to return gotten considerations of the customer instantaneously. This regulation is valid also in the case of a claim of the customer with regard to subsequent performance. If the appointed ware is not or no longer available, we subject to offer: Before obligingness of the order one after price and quality equivalent ware; After obligingness of the order in the individual case one after price and quality equivalent ware within the bounds of reasonable alterations. To substitute-articles, the claims in cause of defects, guarantee-conditions and damages-claims are valid in the case of the assumption of the ware after § 6 of the STANDARD TERMS AND CONDITIONS, opposite consumers is valid the 14-days during right of return after § 5 of the STANDARD TERMS AND CONDITIONS in addition. § 4 Terms   Bills are due immediately and without any deduction. If the customer gets with the payment in delay, we are entitled to demand a charge in the amount of EUR 5, - as well as to require default interests in legal amount. The assertion of additional damages remains reservations. The orderer has the possibility to verify that TREND has no or an essentially more inferior harm. TREND is entitled to credit payments despite differently being regulations of the buyer on thisone´s old obligations. A payment with check or draft represents no cash payment but is assumed only on account of performance. To the timely presentation of checks, TREND is bound not. Payments can only be considered as fulfilled if TREND can dispose loss-free of the amount of the debt. With the payment per automatic debit transfer system the ware only then becomes property of the orderer if completely the amount and without retraction of the debit could be pulled in. § 5 Information for the consumer over its right of return and return-consequences in case of consumer-contracts   Customers, who are a consumer in the sense of § 13 BGB, can return all articles without statement of reasons within 14 days after receipt of the delivery through return consignment. To keep the 14-days period, it is enough that you inform us of your return-wish until at the latest 14 days after receipt of the ware per telephone, fax, correspondence or e-mail. The period begins to run with receipt of the ware and this instruction at the earliest. You please prepare the return-desire as well as the return to: TREND Redaktions - und Verlagsgesellschaft mbH, Pearl-Str. 1-3, D-79426 BUGGINGEN; Telefon-Nr. +49 7631/360-500, Fax: +49 7631/360-599; trendservice@trendverlag.de Instruction over return-consequences: In the case of an effective return, the on both sides received performances are to be regiven and, if applicable drawn utilizations (for example amenity and advantage of using), to bring out. Compensation for lost value can be required with a deterioration of the ware. That is not valid, if the deterioration of the ware is to lead back exclusively on their examination, as would have been you possible in the store approximately. You can avoid the obligation for indemnity for diminishing or lost value in the remainder in that you don't take the ware like an owner in use and omit everything, which impairs their value. The returnable ware is complete, (if applicable including accessories, instruction manual etc), to stow in the original package and to send back in an outer package at TREND. On this occasion it is to be heeded that the original package remains generally like possibly intact. Not prepaid returns cannot be accepted because of organizational reasons. Excluded from the return of right are audio - and video-records as well as software, which were unsealed by the buyer, magazines and batteries. If TREND has begun with the implementation of the service with your expressly consent before ultimate of the return-period or you this even has induced, for example through Downloads etc. the return of right ceases untimely. In the case of the contamination or damage of sent back ware, the lien remains in proportionate or complete height of the cost-plus price reservations. The return of right is valid only in the scope of the right of distance-contract. End the repurchase privilege-instruction. § 6 Claims because of faults, compensation-claims   The statutory period of limitation for claims because of defaults amounts to 2 years and begins with the transfer of the ware. All lacks that are subject to the implied warranty are remedied in this time for free. Provided the customer is not a consumer, claims because of faults can only be meeted by subsequent fulfilment or subsequent delivery or subsequent improvement. In case of failure of these subsequent measures the customer has the right to vote between the claim on rescission of the contract or to diminish the purchase price. As far as a guarantee is granted for the ware by the manufacturer, the details result from the current guarantee-conditions, that are enclosed the article delivered. Oral or written statements over suitability and uses of our ware cannot be regarded as assurance of qualities but, to regard merely as purchase-advice. TREND is liable for damages from the injury of the life, the body or the health, that is based on a negligent breach of duty on the part of TREND or a willful or negligent breach of duty of a legal agent or auxiliary of TREND; furthermore for other damages, that are based on a willful or grossly negligent breach of duty on the part of TREND or on a willful or grossly negligent breach of duty of a legal agent or auxiliary of TREND, however for each fault with damages, that are based on an injury of essential contractual obligations. A liability for compensation, whatever from which cause in law outgoing over it is excluded. The liability for compensation for damage because of the failure of guaranteed quality or because of the product liability -law remains unaffected. The liability for damages, which don't consist of the injury of the life, the body or the health, is restricted on such damages with whose appearance must be usually calculated. This liability-restriction is also valid if TREND injures a contract-essential duty in a negligent way. If the customer recognizes with receipt of the delivery damages by the package, it should have itself confirmed with assumption of the ware the damage of the carrier in writing and, to do a communication opposite TREND instantaneously, that the assumption happens because of the damaged package under reservation. Transportation-damages, that are only determined after unpacking the ware, shall opposite TREND within 3 days (the date of postmark is sufficient) be reported in writing. The non-observance of this request doesn't lead to the restriction or to the loss of any claims because of faults. § 7 Retention of title   We keep ourselves the property at the delivered ware up to the total payment of the cost-plus price before. The customer is indebted to show TREND each change of his/its residential - as well as business location instantaneously, as long as demands still stand frankly because of delivered merchandise or have not yet been delivered the merchandise. § 8 Contracts with merchants, legal entities of the public law and legal separate estate under public law   Following peculiarities are applied to contracts with merchants, legal entities of the public law or legal separate estate under public law. Up to the fulfilment of all demands (including all balance-demands from the account current) that is entitled us from each cause in law against the buyer now or henceforth, the following rights and securities, that are given freely after our election upon request, are granted us as far as its value exceeds the demands about more than 20% persistently. The ware remains our property. Always takes place digestion and alteration us as manufacturer, however without obligation for us. In case of expiry of our (joint-) ownership through combination, it is agreed already now so that (joint-) ownership of the buyer at the uniform matter dear-proportionate, bill-value will change on TREND. The buyer keeps (joint-) ownership gratuitously. Ware, at which TREND keeps (joint-) ownership, is marked as "ware of retention of title" hereinafter. The buyer is entitled to treat, use, sell and dispose about the "ware of retention of title" in the normal day-to-day business, as long as he is not in delay. Pledges or chattel mortgages are inadmissible. That from the resale or another cause in law (insurance, tort) respecting the "ware of retention of title" emerging demands, including all balance-demands from account current, transfers the buyer at TREND already now protection-because of to the full extent. We empower him to collect assigned claims at TREND into his own name for third account. The latter may be cancelled. Particularly his direct debit authorization can be revoked if the buyer doesn't properly comply with his payment obligations. In case of accesses by third party on the "ware of retention of title", especially distraints the buyer will alert on the property of TREND and will inform TREND instantaneously, so that TREND can enforce its property rights. As far as the third party has not the ability to compensate TREND judicial or out of court costs in this context, the buyer is liable for this. With noncontractual behaviour of the buyer, especially default of payment, we keep ourselves the right to cancel the contract for out-demanding the "ware of retention of title" as well as to be able to require assignation of the right of redemption against third parties. § 9 Point out data-census   TREND handles customer-data to the transaction of inquiries or applications and to the care of the current relationship to the customer. Service providers, which are engaged by TREND, are getting customer-data within the bounds of order maintenance (§ 11 BDSG) only insofar as these are necessary to the implementation of the supply of services. Other companies are getting customer-data within the valid bounds of the BDSG to the unique utilization to theirs disposal. Each customer has the right to contradict with the delivery of product-information per mail or e-mail anytime. Up to the incoming of the contradiction, the customer agrees with the delivery of product-information per mail or e-mail. TREND is justifiable to enforce a data exchange to the purpose of the credit-examination with partner-businesses as well as with the General Credit Protection Agency as well as credit information-companies. § 10 Final provisions   The inefficiency of individual regulations doesn't touch the effectiveness of the remaining general terms and conditions. With contracts with merchants, commercial companies, legal entities of the public law and legal separate estate under public law, as well as in the case, that the customer, who is not a consumer, doesn't have his/its general jurisdiction within Germany the court located in Müllheim, Germany shall have jurisdiction to hear the disputes under this agreement. This agreement is governed by the laws of the federal republic of Germany. Status quo: February 2006   Offeror Identification: TREND Redaktions - and publishing house-society Ltd, Pearl-Straße 1-3, D-79426 Buggingen Managing Director: Jürgen Ludwig Tel: +49 07631/ 360-500, Fax: +49 07631/360-599 www.eep4u.com Value added Tax identification number: DE142476761 HRB-Nr. 347 Mü Register Court: Freiburg