TERMS & CONDITIONS
Last modified May 25, 2018
PLEASE READ THESE TERMS CAREFULLY
Taylor Heery exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to web design, online business and marketing, etc.. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of our content, at the sole discretion of Taylor Heery.
Unless explicitly stated otherwise, as between you and Taylor Heery, Taylor Heery owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Taylor Heery and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.
Third party rights.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Taylor Heery either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
Linking to our sites.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Taylor Heery; (ii) present false or misleading information about paigebruntun.com; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
Advertisements and links.
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Paige Brunton of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Taylor Heery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Taylor Heery, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
Choice of law and venue.
These Terms are governed by the laws of the State of North Carolina without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in North Carolina, USA.
Your comments and concerns.
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: firstname.lastname@example.org. Thank you for visiting the Sites!
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TAYLOR HEERY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Taylor Heery and you will not take place unless and until you have received your order confirmation e-mail.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 30 days of the originally scheduled delivery date. Any decisions regarding whether or not to replace a lost item are within our sole discretion, upon timely notice.
5. Returns and Refunds.
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 40 days of shipment and provided such products are returned in their original condition. To return products, you must e-mail our Returns Department at hello@TaylorHeery.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Refunds are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
(a) This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one year the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us email@example.com during the Warranty Period.
(c) Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(c) Taylor Heery is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
ADDITIONAL TERMS AND CONDITIONS
GOVERNING LAW. The Parties have entered into this Agreement in the State of North Carolina and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of North Carolina, USA, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of North Carolina, and that venue of any action will be located in North Carolina.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
INDEMNIFICATION. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF LOWER SAXONY, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Taylor Heery’s intellectual property rights and confidential and proprietary information by you, Taylor Heery will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Taylor Heery may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in North Carolina, USA for purposes of any such action by Taylor Heery.
COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
ONLINE-SHOP/TERMS AND CONDITIONS VIS-À-VIS ENTREPRENEURS (B2B)
§ 1 Applicability
(1) The present general terms and conditions (GTC) apply to all contracts concluded between you and me, Taylor Heery, 1322 5th Ave. W. Hendersonville, NC represented by Taylor Heery via this website (https://taylorheery.com, https://taylorheery.co), unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
(2) You will be notified of amendments of these GTC in writing, per fax or via email. If you do not object to an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC.
§ 2 Registration as User
(1) Your registration on our website-system will be made free of charge. A claim for an admission to our website-system does not exist. Only natural persons of full legal capacity shall be eligible. You must send us a copy of your identity card or your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company’s registry on our request. For admittance you must electronically fill out the application form on our website and submit it to us. The information required for application shall be given by you complete and truthful. With your application, you choose a personal user name and a password. The user name shall not violate any third party rights or other trademark or rights to safeguard a name or public morals. You are obliged to keep the password secret and not to disclose it to third parties.
(2) Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under “My account” at all times. You will not be obliged to buy any of the goods offered by us only due to your registration.
(3) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under “My account” after log in.
§ 3 Data Protection
(1) All personal data given by you (Title, name, address, date of birth, email-address, telephone number, bank details, credit card details) will only be collected, processed and stored by us pursuant to the German data protection law.
(2) Your personal data, insofar required to create, carry out or terminate the contractual relationship, shall only be used for the implementation of concluded purchasing contracts between you and us, e.g. for delivering the goods to the address indicated by you. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you via email.
(3) We will also use data, i.e. date which may contain characteristics that identify you, details of the start and end as well as the scope of the respective usage and details of the telemedia used by you, for advertising, market research or for the purpose of a needs-based design of our telemedia to create user profiles using pseudonyms. You are entitled and have the option to object to the use of your data by not using our website. User profiles are not combined with the corresponding data under any circumstances.
(4) If you require more information or if you want to recall or revoke the consent for the use of your inventory data expressly given by you and/or if you want to revoke the use of your usage data, contact our support at the email-address firstname.lastname@example.org or by telephone at the number: 828-458-3101 is at your disposal.
§ 4 Conclusion of Contract, Contract Language
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking “Buy Now” or "Enroll in Course" in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click “Next” to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the “Buy Now” or "Enroll in Course" button, you place a binding order in the meaning of subsection (2).
(4) The exclusive language available for the conclusion of the contract shall be English. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the English text shall prevail.
§ 5 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons “Next” you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Buy Now” or "Enroll in Course" your declaration becomes binding in the meaning of section 4 (2) of these GTC.
§ 6 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.
§ 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method “SSL” to encrypt your personal data), or via PayPal.
§ 8 Retention of Title
(1) The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
(2) You are entitled to resell the goods under retention of title. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
§ 9 Copyright
You must retain all copyrights and other proprietary notices contained in the original content. Copyright notices or trademarks may not be removed. Furthermore, it is not permitted to process the content in such a way that a conclusion on the copyright holder is no longer possible.
§ 10 Delivery Conditions
(1) We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) If we do not deliver the goods at all or not according to the contract, you have to set a grace period of 2 weeks. Otherwise you are not entitled to withdraw from the contract.
§ 11 Warranty in case of purchasing goods
(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to NC & USA Federal Laws.
(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.
§ 12 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
§ 13 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.
(2) The law of the United States of America shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).