General Terms and Conditions

General terms and conditions for the mail order company

Connox GmbH
Bothfelder Str. 38-39
30177 Hannover
Tel: (05 11) 22 06 24 - 0
Fax: (05 11) 22 06 24 - 19
Email: info@connox.de

Hereafter named "Connox"

I. Preamble

Connox offers a variety of goods for sale through a catalogue and the Internet. The following general terms and conditions are valid for mail order business via the channels of distribution "Postal order", "order by Telefax" and "order via Internet" in relation to an order in written form or for a parol order through telephonic contact.

II. General applicability

These general terms and conditions are the basis for all deliveries and performances. The relevant version is applicable for the particular contract conclusion. With the order, at the latest with the acceptance of Connox' performance does the customer accept these general terms and conditions. Deviating or complementary conditions must be in written form in order to be valid. Deviating or complementary terms and conditions only become part of the contract if Connox explicitly accepts them in an additional statement in written form.

III. Offer and conclusion of the contract

The product presentations in the catalogue and on the website are not yet to be seen as an official contract offer. The contract is concluded through an offer to order of the customer and the acceptance and willingness to deliver of Connox. A confirmation of the order reception cannot be seen as the official acceptance, which will occur through an additional order confirmation, to be sent by Connox either via Email or Telefax. The sending of the ordered product is to be seen as an explicit order acceptance.

Connox enters into a contract with
a) Customers that are absolutely contractually capable and that are 18 years or older as well as
b) Customers and/ or companies that reside in Germany, a member country of the European Union or Switzerland.

If an offer of a customer who does not meet the given stipulations has been nevertheless accepted by Connox, Connox remains the right to cancel the contract within a reasonable time.

The offers are subject of confirmation regarding possible technical changes as well as other changes, for example in form, color and/ or weight that are reserved within the realm of reasonability for the customer. The used characteristics in the product descriptions, such as drawings, pictures, technical data or measures are customary in this particular trade and therefore not legally binding. § 312 e II 1 no. 1-3 is excluded in case of customers that fall under the category of § 312 e II 2BGB.

IV. Shipping and handling conditions

The choice of delivery stands in Connox' own discretion. Partial delivery is valid if they are tolerable for the customer. Products in store will be delivered within seven days. If the product is not in store, Connox will try for the fastest way to deliver the product.

If the customer is a processor, the risk of accidental aggravation or destruction is passed on the processor in case of handing over, as well as in case of shipping and handing the product over to the shipper, the carrier or another person in charge of the shipping process. If the customer is an individual consumer, the risk of accidental aggravation or destruction is passed either when handed over by Connox or by the shipper, carrier or person in charge of the shipping process. Default of acceptance is to be seen equal to handing over the product. If delivery problems should occur, the customer will be notified immediately, at the latest after 14 days. Connox remains the right to cancel the contract, if Connox is not provided with the products by the manufacturers and is not accountable for this situation. If Connox cancels the contract, the customer will be informed and the already paid amount of money relative to the order will be refunded.

Should the delivery address given by the customer be incomplete or false and additional costs should arise for Connox, for example costs for reshipment, the customer is bound to pay for these expenses.

V. Payment conditions

Payment for deliveries in Germany can be made via payment in advance, C.O.D (up to 400, - EUR order volume), bank collection or invoice (for processors only). Payment for deliveries in member countries of the European Union as well as Switzerland can be made via payment in advance only. In case of payment via invoice, Connox remains the right to ask for a down payment. If the delivery occurs in form of C.O.D., the customer pays an additional 4, - EUR C.O.D.-fee.

The purchase price has to be paid within the time frame given by Connox in the order confirmation or the invoice, the receipt of payment at Connox being the particular point in time. All payments solely may be made on the given business account of Connox. If a transfer is made, the reason for transfer given by Connox is to be listed.

Delivered products remain properties of Connox until full payment has occurred. If a payment delay arises, Connox may ask for default interest (5% above the prime lending rate). Connox reserves the right to claim a higher damage caused by delay.

VI. Prices and shipping costs

All displayed prices are without exception gross prices in Euros, including taxes, especially VAT.

Prices are valid without wrapping, freight, shipping or transport costs if not concerted otherwise. The shipping and handling costs which relate to the amount of ordered products and the displayed product description arise from the place of business of Connox.

Aside of the on the website/ in the catalogue stated shipping additions, the following rules apply:

Der Anteil der Verpackung-, Fracht-, Porto- und Transportversicherungskosten, die dem Kunden berechnet werden, sind vom Bestellwert und genannten Versandzusätzen abhängig. Ohne Versandzusatz gelten folgende Bruttopreise:

Delivery in Germany 5,- EUR, free of forwarding costs from 50,- EUR order volume
Delivery in EU-member countries, Switzerland and other countries on request

"Low density freight" goods are parcels that exceed the standard measures constituted by the German Post AG.). Shipper" goods are goods that can only be delivered by an external forwarding agency or that are extremely difficult to deliver otherwise. The offer relates explicitly to the delivery addition. The additional cost will be reported to the customer by Connox or can be asked for by the customer. .

In case of delivery outside of the European Union, especially of Switzerland, the customer is responsible for the proper way of customs clearance.

VII. Set-off and right of detention

The customer merely has the right to set-off, if his claims are legally binding or indisputable. The customer merely has the right to make use of his right of detention, if his claim relates to the same contract.

VIII. Data loss

Connox is not liable for data loss, unless it is caused by Connox' intent or negligence. If a defective product is being returned to Connox, the customer is obliged to secure his data on his own costs.

IX. Revocation (only valid for members of the European Union and Switzerland)

{Individual customers can revoke their will within two weeks without having to name reasons in written form or by returning the product to Connox. If the revocation occurs after the contract conclusion, the respite is one month. The particular period of time starts with the written notification of the right to revoke by Connox, however not before the first day of reception of the product. In order to comply with the term, the return of the product or the revocation suffices. The revocation is to be sent to Connox' address as stated above.

Under the term of § 312 d IV BGB (German Civil Law), the right of revocation does not apply in case of orders of products individually produced on behalf of the customer's individual convenience, meaning that the finished product might never or hardly (or in relation to a massive price reduction) be sold otherwise.

A right of revocation does not apply in case of orders of products which cannot be returned due to their characteristics, such as risk of deterioration, or in case of delivery of Audio-or Video tapings or Software, if the delivered data carrier was unsealed by the individual consumer, in case of delivery of magazines or newspapers, in case of supply of lottery or betting services or if the contract is concluded as a result of an auction. The right of revocation is additionally not valid in case of reduced prices, i.e. for larger order volumes and products outside of Connox' range of products.

In case of valid revocation, mutual efforts as well as possible benefits are to be refunded. If the individual customer cannot return the product in a proper condition, Connox may claim damages. Furthermore, the individual consumer can avoid damage fees by not using the product like an owner and avoid doing everything that could affect the product in a negative way.

Transportable packages are to be returned in complete and proper condition and have to be returned as an insured package to Connox' address as stated above. Not transportable packages shall be returned via a carrier service.

The individual has to pay for the transport costs, if the delivered product equals the ordered product and if the order volume is not higher than 40, - EUR or if the individual consumer has not fully or partly reciprocated in case of a preconcerted higher order volume. Otherwise, the return of the product is exempt from charges. In this case, Connox refunds the transport costs as well as the purchase price.

X. Retention of title

If the customer is an individual consumer, ownership of the product is reserved to Connox until full payment has occurred. If the customer is a processor, ownership of the product is reserved to Connox until fulfillment of business.

The customer is legally bound to keep the product in proper condition as long as he is not the rightful owner. The customer has to notify Connox immediately, if the product is distrained, damaged or destroyed as well as if a third party constitutes rights at the product. All documents have to be made accessible to Connox and information has to be provided to secure Connox' rights of ownership. Official distrainors as well as a third party have to be informed that the product is a property of Connox.

Before the passage of ownership, the customer is not allowed without the agreement of Connox to dispose of the product in any way. This includes any kind of having an effect on the substance of the product or the product itself in connection with other things.
In case of any action contrary to the contract or of violation against the aforementioned prescriptions, Connox has the right to cancel the contract and to demand the return of the product.

XI. Guarantee

In case of a deficiency, the customer may either ask for remedy of the defect or the delivery of a new and flawless product (§ 439 BGB). Accordingly, Connox may refuse both options if they are solely possible with disproportional costs. If the remedy does not work after a second try, the customer may either again ask for a new delivery or reduce the purchase price or cancel the contract. Cancellation is impossible if the defect is minimal or irrelevant. Otherwise, § 437 BGB is applicable.

The guarantee does not include normal wear out, abrasion, outside influences or operating errors. It expires if the customer changes the product, lets it be changed through a third party, handles it improperly or uses it for purposes other than intended, unless the customer shows full proof that the defects have developed anyway or due to other reasons than the aforementioned and that the removal of defects is not hampered in any way.

Complaints concerning the order volume, obvious defections, false deliveries and the scope of supply are to be reported to Connox within two weeks, beginning from the moment of reception of the product (phone/ telefax/ mail/ email). In case of a hidden defect, selfsame has to be reported during the guarantee period. To comply with the term, timely return of the product suffices.

The guarantee period begins with the delivery of the product. The limitation period is two years for individual consumers and one year for processors.

§ 377 of the German Commercial Law (HGB) is further applicable for processors. The customer has to examine the product immediately after reception regarding completeness, accordance with the delivery documents and order documents as well as defections. Regarding a possible defection, § 377 II and III HGB are to be mentioned explicitly.

XII. Transport damages

If products with obvious damages are delivered, the customer is obliged to notify the carrier service immediately and to refuse the acceptance of the product as well as immediately to notify Connox either by phone, telefax or mail, so that Connox may protect its rights to satisfy claims against the carrier service. Hidden damages are to be reported to Connox as well immediately after notice of the customer, so that Connox may protect its rights to satisfy claims against the former contractor.

XIII. Liability

The customer can only lodge a claim for damages in case of a defection if the second try has failed or if Connox has refused a second try. The right to lodge other claims for damages stays unaffected.

Connox shall be fully liable for health damages of the customer that result from negligent or deliberate actions by Connox or by one of Connox' auxiliary persons. Connox shall also be fully liable for damages that are mentioned in the German Product Liability Law (ProdHaftG) as well as for all other damages that result from negligent or deliberate actions by Connox or by one of Connox' auxiliary persons.

Connox is also liable for damages that are caused by negligence as far as fundamental breach of contract is concerned. Connox is only liable for damages that are predictable, contractually typical and/ or direct average damages. In case of a simple case of negligence concerning a duty outside of the primary contractual obligations, Connox is not liable to processors. To individual consumers, Connox is only liable for damages that are predictable, contractually typical and/ or direct average damages. Liability for indirect damages, particularly loss of profit, is merely applicable in case of intent or gross negligence by Connox.

The aforementioned liability constraints are valid also as far as liability for representatives by law, executive employees or other auxiliary persons.

A further liability is excluded, regardless of the claim's nature. In case of exclusion or constraint of Connox' liability, this is also valid for a personal liability of employees, associates, representatives or other auxiliary persons.

XIV. Evidence and force majeure

If data is saved in electronical form by Connox, it may serve as evidence if needed as such for contract conclusions, data transfer and/ or made payments.

If Connox cannot fulfill its obligation due to force majeure, for example a war or natural disaster, Connox is exempt from that obligation as long as the force majeure is effective. If Connox is exempt for more than a month, the customer has the right to cancel the contract. Further rights do not arise for the customer.

XV. Data protection and security

The customer agrees that all data concerning him and the contract with Connox may be saved electronically. The data will be passed on only to people/ companies that are involved in the order process, such as for example the carrier or the attorney. Personal data will be treated confidentially. The transfer of your personal data will be carried out through our online shop using an SSL-connection.

XVI. Final provisions
The law of the federal republic of Germany is exclusively applicable, essential prescriptions of the particular country that the customer resides in excluded. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly not applicable. This is valid also concerning transnational deliveries.

Place of fulfillment is Hanover, Germany, if nothing else has been agreed on explicitly. Place of jurisdiction is Hanover for all the customers that are processors and/ or corporate bodies of public law. In all other cases, the place of general jurisdiction is applicable.

Should one or more clauses of these general terms and conditions be invalid, it would not nullify the contract in general. Instead of the invalid prescriptions, the mutually meant would be applicable.

Status: 15.06.2006