General Terms and Conditions of Business for the Exhibition Online Shop
operated by Husumer Wirtschaftsgesellschaft mbH & Co. KG, hereinafter called MESSE HUSUM,
- legally represented by the managing director Hanno Fecke -
The general terms and conditions of business have been written in German and can be saved by the customer on his computer memory. If desired these terms and conditions can be requested in digital or written form by eMail to messeleitung@messehusum.de.
The address of MESSE HUSUM is:
Am Messeplatz 16-18
25813 Husum
Preamble
MESSE HUSUM operates a homepage for commercial purposes on the domain http://www.husumwindenergy.com. On this website MESSE HUSUM offers customers products, articles that can be bought, and services, and things that can be booked using the Internet, mainly admission tickets, advertising and sponsoring options, and merchandising articles for the Husum WindEnergy trade fair. The shop is chiefly designed for customers of MESSE HUSUM, commercial customers with existing business relationships with MESSE HUSUM, but is also open to everyone.
§ 1 Product choice
(1) The customer has the possibility of selecting and ordering products on the abovementioned website.
(2) The customer can select and click on the products he desires on the website. These will then be gathered in a virtual shopping basket. The customer can view a list of the selected products with the total gross price including VAT and the total net price excluding VAT(relevant for commercial customers) at all times.
(3) Before sending the order, MESSE HUSUM offers the customer the opportunity to check that the order content is correct, especially with regard to price and quantity, and make corrections if necessary.
§ 2 Right of return and power of revocation
(1) The following applies to commercial customers:
The order will be shipped at the time stated in the shop. Up to this moment in time it is possible to cancel an individual order or change the quantity ordered at any time. A cancellation can, depending on the article, result in a cancellation charge. The time that lapses between the information for the customer about the opening of the shop and the automatic shipping of the order is generally 2 months. The right of return is thus limited to this time period. A right of return as is usual for the sending of commercial wares is excluded in the case of orderable services.
(2) The following applies to private persons (consumers):
(a) In relation to the purchase of admission there is no right of return according to § 312 b Abs. 3 Nr. 6 BGB.
(b) If the order is not for admission tickets the statutory right of return will be upheld. The following instructions are given for such an event:
Instructions valid until 10.06.2010:
Instructions regarding the power of revocation
Power of revocation
You can revoke your declaration of intent within one month without giving reasons in written form (e.g. letter, fax, eMail) or – if the object has been handed over to you before the deadline has run out – by returning the object. The grace period begins with the receipt of these instructions in written form but not before the wares have been received by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and also not before our fulfilment of our duty to inform in accordance with § 312c Abs. 2 BGB in association with § 1 Abs. 1, 2 and 4 BGB-InfoV and our duties in accordance with § 312e Abs. 1 Satz 1 BGB in association with § 3 BGB-InfoV. To keep within the revocation period it is sufficient to send written revocation (cancellation) or return the object before the deadline. Revocation is to be addressed to:
Husumer Wirtschaftsgesellschaft mbH & Co. KG, MESSE HUSUM,
Am Messeplatz 16-18, D-25813 Husum,
Telefax: +49-(0)481-902-266
eMail: info@messehusum.de
Consequences of revocation
In the event of a viable cancellation, deliveries by either party must be returned and where necessary compensation provided for use of the same (e.g. interest). If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop. You are not liable to pay compensation if the deterioration has resulted from proper use of the product. Goods, that can be dispatched as parcels, have to be returned at our risk and expense. Goods that are not suitable for consignment by parcel post shall be collected from your premises. Obligations to refund payments must be met within 30 days. The term starts for you with the sending of your notice of withdrawal or of the object, and for us with the receiving of it.
Special notice, insofar as the subject matter of the order is a service: Your right of revocation expires early, if the contract has been completely fulfilled by both parties at your express request before you have exercised your power of revocation.
End of the instructions regarding the power of revocation
Instructions valid from 11.06.2010:
Power of revocation
You can revoke your declaration of intent within one month without giving reasons in written form (e.g. letter, fax, eMail) or – if the object has been handed over to you before the deadline has run out – by returning the object. The grace period begins with the receipt of these instructions in written form but not before the wares have been received by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Article 246 § 2 in association with § 1 Abs. 1 und 2 EGBGB and our duties in accordance with § 312e Abs.1 Satz 1 BGB in association with Article 246 § 3 EGBGB. To keep within the revocation period it is sufficient to send written revocation (cancellation) or return the object before the deadline. Revocation is to be addressed to:
Husumer Wirtschaftsgesellschaft mbH & Co. KG, MESSE HUSUM,
Am Messeplatz 16-18, D-25813 Husum,
Telefax: +49-(0)481-902-266
eMail: info@messehusum.de
Consequences of revocation
In the event of a viable cancellation, deliveries by either party must be returned and where necessary compensation provided for use of the same (e.g. interest). If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you e.g. in a retail shop. You are not liable to pay compensation if the deterioration has resulted from proper use of the product. Goods, that can be dispatched as parcels, have to be returned at our risk and expense. Goods that are not suitable for consignment by parcel post shall be collected from your premises. Obligations to refund payments must be met within 30 days. The term starts for you with the sending of your notice of withdrawal or of the object, and for us with the receiving of it.
Special notice, insofar as the subject matter of the order is a service: Your right of revocation expires early, if the contract has been completely fulfilled by both parties at your express request before you have exercised your power of revocation.
End of the instructions regarding the power of revocation
§ 3 Prices
(1) The list prices at the time of order are valid, as shown on the website. Errors, misspellings and the like may however occur.
(2) All prices are quoted ex MESSE HUSUM including VAT (sales tax) and without post and packaging. For commercial customers the price is also quoted without VAT (sales tax).
§ 4 Conclusion of contract
(1) The offers made by MESSE HUSUM on the website are conditional. MESSE HUSUM is therefore not obliged to deliver if the products are not available. The conclusion of a contract and therefore a binding contract for the individual products still exists when MESSE HUSUM confirms the customer’s order in writing or otherwise with the shipping of the goods.
(2) MESSE HUSUM is entitled to provide wares of similar quality and price if the wares offered are no longer available and the customer has declared his agreement to this procedure on the order form.
§ 5 Service hotline
MESSE HUSUM provides a hotline for customers’ questions relating to the products. This hotline is available 5 days a week (Monday to Friday) during normal business hours (9:00 – 17:00).
§ 6 Terms of payment
(1) Sale via the MESSE HUSUM Online Shop and the shipment of goods only against full payment in advance. The customer can make an instant bank transfer or pay with credit card.
(2) Should there however be delay in payment, for whatever reason, the customer is obliged to pay MESSE HUSUM default interest at the statutory rate of 8 percentage points above the basic rate of interest if the customer is a commercial customer, otherwise 5 percentage points above the basic rate of interest. The customer must also refund any costs incurred by MESSE HUSUM as a result of return debit.
§ 7 Guarantee and liability
(1) The customer must notify MESSE HUSUM of any defects concerning the agreed article – service or purchased object – without delay, in other words without culpable delay.
(2) The provider’s guarantee is orientated on the German Civil Code. German law is applicable.
(3) MESSE HUSUM is liable without limitation in all cases pursuant to the Product Liability Act, liable without restriction for wilful damage or damage caused by negligence from injury to life or limb or health as well as in cases of non-fulfilment of a guarantee. Apart from the cases mentioned in Sections 1 and 2, MESSE HUSUM is not liable for damages caused by simple negligence. In so far as the liability of MESSE HUSUM is excluded or limited by the above clauses this also applies to the liability for its sub-contractors and vicarious agents.
§ 8 Acts of God
(1) In the event that MESSE HUSUM cannot provide the services agreed or only with delay due to an act of God (especially war or natural disasters), it is released from its duties of provision for as long as the hindrance is in effect.
(2) If it is not possible for MESSE HUSUM to execute the order or delivery of the goods due to an act of God, the customer is entitled to withdraw from the contract.
§ 9 Data protection
MESSE HUSUM will observe all data protection requirements, especially as prescribed by the Telemedia Act (TMG).
§ 10 Final provisions
(1) Contract language is German.
(2) The law of the Federal Republic of Germany applies exclusively.
(3) The exclusive place of performance of despatch, service and payment is Husum / Nordsee, if the customer is an entrepreneur in the sense of § 14 BGB.
(4) If the customer is a merchant, the exclusive (also international) legal venue for all disputes directly or indirectly from this contractual relationship is Husum / Nordsee.
(5) Should any of the provisions of these conditions or of other terms agreed be or become void, the validity of the remaining parts of these conditions shall not be affected. MESSE HUSUM and the customer will replace a null and void provision by a relevant and effective provision to the benefit of the economic purpose of the parties.
Version of Terms and Conditions from 13.05.2010
Voucher-Code
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