PeliShop.com Terms and Conditions

Terms and Conditions

A. General

All deliveries and sales provided by W+S Water Safety Europe GmbH are based on the following terms and conditions. Terms and conditions of other parties / the purchaser are not valid unless written acceptance of W+S Water Safety Europe GmbH is provided.

B. Offer, subject of the contract and conclusion of the contract

The products pictured within the online shop system do not represent a legal binding offer. The products represent an invitation to place an order. By clicking the "Submit Order" button, you are submitting a legally binding offer to order the products listed on the order page. Immediatley after the order is submitted, you will receive an order receipt by e-mail. This receipt does not represent a legal acceptance of the order. The sales contract is concluded by the dilivery of the ordered products. Our (product) offers are subject to change with regard to the services, quantities and perquisites. Technical changes are subject to change. W+S Water Safety Europe GmbH can withdraw from the conclusion of the contract, if errors in writing, printing and calculation are listed on the website. W+S Water Safety Europe GmbH obligates itself to immediately inform the customer, if an ordered product is not available for any reason.

C. Pricing, Packaging and Shipping, Partial Deliveries

C.1. The online shop shopping basket shows the valid prices for our products at the moment of the purchase. Other prices, listed on pages that are saved and displayed in cached versions our our webpages (browser-cache, proxy-cache), are not recent and not valid. Our shopping basket cannot be cached. Our prices are valid - and as long as no other agreement in writing is made - from our warehouse, excluding packaging, freight or pre-freight costs. Costs for pakaging and shipping are to be paid by the customer.

C.2. Prices for products marked as pre-order novelties, are based on the recommended pricing of the distributor or the manfacturer of the products. This pricing is subject to change until we have the produc in stock in our warehouse. Novelty products can be ordered according to the listed prices. W+S Water Safety Europe GmbH cannot guarantee the price, the delivery date and neither the fabrication of the products. In case of any potential change, W+S Water Safety Europe GmbH will contact the customer prior to process the order. If the customer does not approve of the changes, the order will be cancelled.

C.3. Packaging materials become property of the customer and will be included in the shipping costs charged by W+S Water Safety Europe GmbH.

C.4. Shipping costs depend upon the choosen shipping mode, the mode of payment, the weight of the products ordered and the destination of the shipping. They will be calculated and displayed in the shopping cart and separately listed on the invoice. The choice of the mode of shipment is made based on the allowed possibilties or according to the customer's request.

C.5. If partial deliveries are offered or arranged by W+S Water Safety Europe GmbH, the additional deliveries are free of shipping charges. If the deliveries are split upon customer request, the shipping charges for each addiotional delivery are to be paid by the customer.

D. Time of delivery

All orders are shipped to the customer within seven working days after receipt of the order. If the processing of an order is delayed for any reason for more the seven working days, the customer will be informed by email or phone. The customer can withdraw from the order or change the order free of charge until the order is shipped, as long no other agreement was made in this regard.

E. Transfer of Perils and Guarantee

E.1. When the customer personally picks up his order from the office of W+S Water Safety Europe GmbH, the peril of accidential destruction or accidential damage of the products is passing to the customer at the moment of the handover. If the product is shipped to the customer, the peril passes to the customer in the moment, when the parcel is delivered to the customer by the parcel service.

E.2. The legal warranty period starts with the delivery of the product(s). Apparent defects od the product or the service delivered through W+S Water Safety Europe GmbH must be communicated immediately, but al latest within 14 days of the receipt of the delivery in writing. If defects are not communicated with the 14 days period, the ordered products are considered approved. The statutory warranty rights of the customer are then no longer valid.

E.3. In the event of failed warranty adjustments within an adequate time period the customer is entitled to either a reduction of price or the withdrawal from the contract. Warranty claims can be submitted solely by the immediate customer and are not transferable. Unless specifically stated otherwise, work covered by guarantee is carried out during common hours of work.

E.4. W+S Water Safety Europe GmbH does neither extend warranty to cover regular wear and tear of goods nor damages caused by incorrect or negligent handling and extreme operating conditions.

E.5. Without written assent of W+S Water Safety Europe GmbH any warranty claims are forfeit should the customer or a third party conduct repairs or alterations on the delivery item. This does not apply when the customer can satisfactorily show that the damage in question was not caused by the alterations made by him or the third party.

E.6. During the delivery period construction design and shaping of a product are subject to change when attributed to technical improvements or respectively, are required by law provided that the changes are not substantial and deemed reasonable for the customer.

F. Liability Limitations

F.1. The following limitations of liability do not apply for damages that are based on willful intent, gross negligence and want of warranted properties, as well as damage to persons.

F.2. Claims for damages resulting from impractibility or delay of service, peremptory violation of requirements, incurring of debts at the conclusion of the contract as well as from unlawful acts, directed both at W+S Water Safety Europe GmbH and its performing and vicarious agents, are restricted to the extent of the damages whose potential occurrence W+S Water Safety Europe GmbH could have reasonably anticipated at the conclusion of the contract. Provided that the damage did not result from violation of essential contractual obligations, compensation is limited at the most to the tenfold amount of contract value.

G. Payment

G.1. Unless agreed upon otherwise, invoices of W+S Water Safety Europe GmbH are to be paid within 14 days without deduction.

G.2. The customer may choose from several methods of payment which are offered depending on contract value, mode of shipment and shipping destination. These options are available in the shopping basket and are also detailed on our website.

G.3. In individual cases or if the credit institution or the respective provider of a method of payment refuses payment, W+S Water Safety Europe GmbH reserves the right to process the order upon payment per Cash On Delivery or advance payment only. In this case the customer may choose to accept this or withdraw from the order.

G.4. The customer will be billed for and needs to pay any charges resulting from back posting of payment transactions for want of cover or due to incorrectly transmitted information by the customer.

G.5. Bills of exchange or cheques will be accepted for processing only and can be returned at any time. They are at any rate valid as payment only after encashment. If bills of exchange are accepted bankable collection and discount charges fall due and are to be paid immediately by the customer.

G.6. In case of delayed payment W+S Water Safety Europe GmbH is entitled to charge late interest in the amount of five percent beyond the corresponding valid base rate p.a. in accordance with §1 of the Discount Rate Transition Act (German Diskontsatzüberleitungsgesetz).

G.7. Setoff is not permissible excepting counterclaims approved by W+S Water Safety Europe GmbH or established as final and absolute. Withholding of payments by the customer on account of counterclaims stemming from previous contractual relationships is excluded.

H. Reservation of Proprietary Rights

All goods delivered remain the property of W+S Water Safety Europe GmbH until fully paid and all expenses from the business connection have been cleared. This applies also to outstanding claims. Additionally, for commercial customers the following rules apply: Third party access to goods which are owned or co-owned by W+S Water Safety Europe GmbH must be reported immediately by the customer. Accruing costs from such encroachment leading to third party proceedings or costs for non-procedural clearing will be borne by the customer. The customer assigns by way of security all claims concerning retained goods and resulting from selling-on or any other legal cause (including all outstanding balance claims from open accounts) to W+S Water Safety Europe GmbH. We hereby grant the customer revocable authorization to collect receivables assigned to us for his account and in his own name. This collection authorization can be revoked if the customer does not meet his payment obligations in due form.

I. Withdrawal

I.1. If there should occur substantial deterioration of the financial circumstances of the customer which challenge his ability to pay, W+S Water Safety Europe GmbH is entitled to either withdraw from the contract or to retain deliveries and services until the customer effects advance payment or provides securities within a reasonably set time period. After the expiration of this time period W+S Water Safety Europe GmbH is entitled to withdraw from the contract.

I.2. Unless agreed upon in written form the customer is entitled to cancel the purchase up until the time of delivery of the ordered goods. It is not required to give any reasons for the withdrawal.

J. Cooling Off Period and Duty to Return Your Shipment

All of Clause J. applies to consumers only, i.e. natural persons who close a transaction that is neither part of commercial nor self-employed occupational activity:

J.1. The customer is not bound to the contract of purchase if he withdraws from it within a time period of 2 weeks starting from receipt of the first delivery. The cancelation needs to be carried out in written form, by the use of another permanent data carrier or by returning the goods. It is not required to give any reasons for the withdrawal. To comply with the withdrawal period, timely dispatch of the cancelation or the goods to the following address suffices: W+S Water Safety Europe GmbH, Romy-Schneider-Str. 1, D-13599 Berlin, Germany.

J.2. On receipt of the cancelation W+S Water Safety Europe GmbH is obligated to refund possible payments. The customer on his part is obligated to return the delivery at the expense and risk of W+S Water Safety Europe GmbH. The customer bears the regular cost of the return of orders if return shipment is made from outside or Germany. If made from within Germany, the customer bears the regular cost of the return of orders with a value of goods up to 40,- Euros.

J.3. Audio- or video recordings and software, as well as hardware that came with sealed software, can only be returned when the seal is still intact. Should the customer cause deterioration, loss or any other impossibility, he must compensate W+S Water Safety Europe GmbH for the decrease in value or the value of the goods in question. In compliance with §361 of the German Civil Code (German BGB) the worth of the cession of use or the actual use of the goods up to the time of the notice of revocation yields interest according to the rent usual in the market.

K. Transferability of Claims

The customer cannot transfer his claims resulting from the contract to a third party.

L. Privacy Protection

L.1. The customer gives authority and his consent to W+S Water Safety Europe GmbH to process, record and utilise personal data obtained from the business connection under the terms of the Data Protection Act (German Datenschutzgesetz).

L.2. W+S Water Safety Europe GmbH records and uses personal data of the customer for the processing of orders and possible claims. The e-mail address of the customer will be solely used by W+S Water Safety Europe GmbH for order related information e-mails.

L.3.W+S Water Safety Europe GmbH will not impart personal data of the customer to a third party. Excepted thereof are service partners who require transmission of data for order processing. In these cases the volume of transmitted data is limited to the necessary minimum.

L.4. The customer has the right to disclosure, as well as rectification, disabling and deletion of his personal data.

M. Final Provisions

M.1. These Terms and Conditions comprise all rights and duties of the parties of the contract. Any other agreements or declarations of intent have to be in writing to be legally binding. This applies also to alterations of the requirement of written form.

M.2. For commercial customers, Berlin, Germany, is the sole place of jurisdiction for any disputes between the parties to the contract which applies also to matters regarding bills of exchange.

M.3. Solely applicable is German Law excluding the regulations of the UN Convention on Contracts for the International Sale of Goods (CISG).

M.4. In case one of the clauses above becomes void the validity of the remaining clauses is not affected. Void clauses will be replaced by effective stipulations which by and large fulfill their economic purpose.

Our company information:

W+S Water Safety Europe GmbH
Romy-Schneider-Str. 1
13599 Berlin Germany
Phone +49 (0)30 45490571
Fax +49 (0)30 45490572
info@pelishop.com
http://www.pelishop.com

Court of jurisdiction for commercial customers: Berlin, Germany
Registered at: HRB 73377, Amtsgericht Berlin, Germany
CEO: Nikolaus Gruchot
VAT.IdNo.: DE 812817850

Version 26.04.2007

Please visit our website to obtain the most recent and valid Terms and Conditions.