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Terms and conditions

1 Articles and Subject Matter

  1. The terms and conditions of Metwabe are accountable for the delivery of all movable

objects,subject to completed contract.

  1. Contract partners are: Mr Andreas Struwe with his company www.metwabe.de,

which during the terms and conditions, will be referred to as metwabe.The party who orders will be referred to as the customer.

  1. All terms of the Metwabe are binding.Any changes will only be accepted as a verbal agreement or in writing
  2. All terms and conditions by Metwabe refer to customers and companies likewise ,unless a clause to differentiate is adopted.

2 Conclusion of Contract

1. An order by the customer,will be made,either by phone,fax or email.Or in the

Metwabe internet shop.

  1. All orders are binding.
  2. Confirmation of an order will take place by ordering or delivery.
  3. All previous orders are subject to change.
  4. If a customer orders electronically, then the text of the order,plus terms and conditions will be savedand can be reproduced on demand by the customer.
  5. Metwabe reserves all rights, to drawings,Photos and calculations.This applies especially to any documents classed as confidential. Prior to passing on to any third party, express permission must be granted by Metwabe.

3 Proof of age.

  1. When ordering alcohol in any form, Metwabe requires proof of age from the

customer,either by fax or letter.

  1. Delivery of alcohol with or by Metwabe, to customers under age , is strictly excluded.
  2. Metwabe will not be held responsible for any damages to items or persons

through the misuse of alcohol.

  1. Youth law is binding at all times.

4 Prices and payment

  1. All prices in the internet shop are without guarantee.
  2. All VAT is included on to the goods,but will be displayed seperatly on the bill
  3. Should there be a price raise, the customer will be duly informed and may withdraw from any order made.
  4. The bill must be payed within 8 days of delivery , unless otherwise specified.
  5. The of laws of delaying payment are binding.
  6. Metwabe will regularly send goods by carriers of their choice.
  7. International customers will only recieve delivery when an advance payment has been made.
  8. All special orders i.e. tailormade, will only be carried, when 50% of the payment has been made in advance.

5 Time of performance and transfer of risk

  1. Should delivery times be adhered to, they may be lengenthed owing to strikes or

or force majeure,or for the time it takes to solve the problem

  1. This also applies when the customer cannot adhere.
  2. If the customer is a business then all deliveries will be ex works, unless otherwise specified.

6 Withdrawal from the contract.

  1. The customer has the right to revoke his contract within 2 weeks,without

giving any reason.Either by Fax email or in writing.To safeguard this,it is

enough to send the revocal within the specified time.

It is to be sent to:

Metwabe Andreas Struwe

Schottelstr 70

47877 Willich

Germany

  1. If the contract is revoked, all payments and deliveries must be returned

immediatly.

  1. Should the customer not be able to return faulty, or used goods to the Metwabe, he must reimburse these.
  2. All parcels are to be returned. Returning any parcels up to the value of 40 Euros,the fee must be carried by the customer,if these were correctly ordered goods. Otherwise goods are returnable without further cost.Parcels must be packed accordingly.In not mailable cases, the goods will be picked up.
  3. Withdrawal will not be accepted if the goods were made to special order by the customer, or that they cannot be returned owing to their nature.As in perishable goods that have passed their sell by date.

End of revocation terms.

$7 Data protection

  1. All customer data i.e. Surname , christian name, company name,adress,

mail, telephone number, and bankdata, will be saved under the laws of the

BPSG and TMG.Personal data is only for the completion of orders and

contracts.

  1. Metwabe will not pass on any personal data to third parties. Unless they are service partners and require the data to complete an order.In these cases only a minimum of data is disclosed.Metwabe will not pass on any data to market surveys and such like.
  2. The customer may have his data deleted at any time.Furthermore he has the right of access to any data he may have given at any time.He may aquire these by email, unless there are any legal storage deadlines,data will be deleted.

8 Liablity in the case of defects.

  1. If the customer is a consumer,Metwabe will accept liability for defects if there are no subsequent limitations.
  2. The customer has the duty, to inform Metwabe of any defects,within 2 weeks of delivery, in writing.If the deadline is not met,all warranty expires
  3. This does not apply if the customer, deliberatly withholds information from Metwabe,then no guarantee can be made.
  4. If the customer is a business,the Metwabe reseves the right to replace the damaged goods.
  5. Metwabe offers no guarantees in a legal sense.

9 Liability for damages.

  1. The liability of Metwabe, subject to breach of duty or offence is limited to

gross negligence or acts of will.

  1. Liability in the breach of cardinal obligations will be restricted to forseeable damage.
  2. Liability for any delay in delivery will be accounted with 0,5 % per week ,

but no more than 5% of the total value of the delivery.

  1. This disclaimer in parts 1,2,3, previously , also applies to slightly negligent breach of service, by the agents of Mewabe.
  2. Any liability, in so far as it does not apply to, damage of body or life

or personal health,any claims will expire after one year.This begins with the date

the claims were made.

  1. As far as damages against Metwabe is limited or excluded, this also applies to personal damages ,by salaried employees representatives and agents of Metwabe.
  2. It is explicitly stated that customers behave responsibly in the use of our products.

10 Retention of title.

  1. Metwabe will remain the owner of any goods ordered by the customer,until

complete payment thereof.

  1. For businesses, Metwabe reserves,until all claims against the purchaser

have been made,the right of ownership to all goods,even if specific parts have already been payed for.

  1. The customer must inform Metwabe about any execution activities, regarding reserved goods.This also applies to prevent impairment of others

The third party must be informed to any previous ownership of the ordered goods. If the customer is a business,then he has to carry all costs,should an intervention have to be made by Metwabe, in so far that the the third party is unable to pay.

  1. If the customer is a business, he will enter Metwabe, for the event of a resale

or lease of goods untill all claims by Metwabe,which may result from the transactions,referred to as claims against his customer as security.

  1. If the value of the security claims by Metwabe exceeds the value of the claim by Metwabe by more than 20%, one may unlock the chosen securities accruuing to the appropriate scale.

Miscellaneous.... The BPSG and TMG are german governing bodies.