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Conditions of Use

Terms

General Conditions of Business of BORN-KITE

The English wording is just for information. The German wording shall prevail.
Current status: 01.01.201
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1. Scope of Application

All deliveries, services and offers of BORN-KITE are exclusively made/rendered on the basis of these General Conditions of Business. Any diverging terms and conditions of the buyer that are not expressly recognized in writing shall be non-binding even if they are not expressly contradicted.

2. Offer and Conclusion of Contract

Any details stated in advertising texts and letters are not to be regarded as guaranteed attributes of the product or guarantees, unless otherwise agreed. Our website is not to be qualified as an offer. The customer will receive an acknowledgement first. The contract is concluded with the dispatch of goods or a separate acceptance of the customer’s order by BORN-KITE .

3. Retention of Title

BORN-KITE reserves its title to the purchased goods until the receipt of all payments under the contract.

4. Warranty

Warranty will be given in accordance with the statutory provisions. As regards warranty to business customers, however, claims on account of defects will become statute-barred 12 months after the risk has been transferred.

5. General Limitation of Liability

Any claims against BORN-KITE for damages for a breach of collateral contractual duties and for torts are excluded, except in cases of intent or gross negligence or breach of a material contractual duty or in case of damages to health or body of a human being. The same shall apply to claims for damages as far as compensation for indirect damage or consequential damage caused by a defect is claimed. The Product Liability Act shall be unaffected.

6. Place of Performance, Place of Jurisdiction, Governing Law

Place of performance for all obligations and place of jurisdiction for all disputes resulting from the contractual relationship shall be Jena / Germany, as far as the contracting party is a registered merchant or a legal person under public law. The contractual relationship shall be governed by German law. The CISG shall be inapplicable.

7. Online Dispute Resolution
As of 01.09.2016 is in application of the so-called EU regulation on online dispute resolution in consumer affairs (EU regulation no. 524/2013).

The ODR platform is operational from February 2016th.
The link to this ODR platform is:

http://ec.europa.eu/consumers/odr/

8. Severability

If any term or condition in these General Conditions is null and void or will become null and void, then the effectiveness of all other terms and conditions shall not be impaired thereby. All terms and conditions of these General Conditions are separable.

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