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Terms and conditions for private customers

1. Validity of the conditions
1.1 These general terms conditions always apply in their valid version to all mutual requirements from and in connection with a conclusion of a contract between the customer and Insignum Vertriebs GmbH in case of a purchase under use of the Internet at the time of the respective conclusion of a contract.
1.2 In case of any collision the following rank of regulations is valid:
1.3 these terms and conditions
1.4 legal regulation.

Insignum Vertriebs GmbH conclude contracts with customers who
a) are unrestrictedly competent natural persons who are at least 18 years old
b) are legal persons, who respectively live or are based in the Federal Republic of Germany, a Member State of the European Union or in Switzerland (called "customer" in the following). If an offer of a non-accepted participant was accepted by Insignum Vertriebs GmbH by mistake, Insignum Vertriebs GmbH is authorized to cancel the contract within an adequate delay.

3.Conclosure of contract / Cancellation
Due to the customer's legal right of withdrawal and the acceptance by Insignum Vertriebs GmbH first an adjusted contract is concluded. The customer is enabled to cancel this contract within 14 days without giving any reason. The cancellation can be effected in written (e. g. letter, fax, email) or by returning the goods. The delay starts with the customer's receipt of goods or at the earliest on receipt of this declaration following point 245 § 2 in connection with § 1/1 an 2 EGBGB. To preserve the withdrawal period the customer just has to send the cancellation or the goods in time.
Please address your cancellation to:

Company INSIGNUM Vertriebs GmbH
Augsburgerstr. 34
86529 Schrobenhausen

Fon: 0049 - (0)8252 - 9659376

Consequences of cancellation
In case of a valid cancellation the mutual received benefits have to be re-covered. If the customer is not able to return the received benefit completely or partially or in a declined condition the customer has in so far to revaluate the goods if necessary. This does not apply if the declined condition of the goods can be exclusively ascribed to the inspection – which the customer could have effected in a retail shop. Furthermore the customer can avoid the liability of upvaluation, if he does not act like the owner and uses the goods and avoids anything that could influence the value of the goods.
Transportable goods have to be returned. If it is impossible to return the goods due to the weight and the bulkiness of the package, the customer has to express his will to return the goods in written. This declaration has to be addressed to Insignum Vertriebs GmbH wihtin 14 days after receipt of goods. If the customer returns the goods from an order and the order value does not sum up to more than 40,00 EUR and the delivered goods correspond to the ordered goods the customer has to pay for the shipping costs of the return. Otherwise the return of the goods is for free. In this case, we will refund the shipping costs together with the buying price, within 30 days. Period of time stats with the declaration of your revocation or dispath of the product, for us with the receipt of the product.

4. Reservation of availability
If on conclosure of the contract Insignum Vertriebs GmbH notices that the ordered goods or service is no longer available or cannot be delivered for legal reasons Insignum Vertriebs GmbH can offer goods or services corresponding in quality and price or can cancel the contract. If Insignum Vertriebs GmbH or the customer cancel the contract and Insignum Vertriebs GmbH already received any payment Insignum Vertriebs GmbH will immediately refund the money.

5. Delivery
5.1 The delivery of online ordered goods will in principle be effect on cash in advance.
5.2 Insignum Vertriebs GmbH bears the complete risk for damages or loss of the goods in transport. Insignum Vertriebs GmbH asks to be informed on an incomplete delivery or a damage in transport within 24 hours after receipt.
5.3 The customer places an order for delivery. The goods have to arrive within 5 work days after the price was credited to the account indicated by Insignum Vertriebs GmbH. Otherwise the customer is enabled to cancel the contract and to return the goods to Insignum Vertriebs GmbH. In this case claim on compensation is excluded unless the delay is caused on purpose or by gross negligence.

6. Prices / Payment conditions
6.1 The prices offered in the auction are final prices and include the value added tax valid at the day of issuing the invoice. In the invoice the shipping costs are shown separately. The conditions indicated in the individual offers are valid unless the offer explicitly does not states different conditions.
6.2 The invoice shows the net price for the goods as well as the shipping costs and the value added tax valid at the day of issuing the invoice.
6.3 If private customers of the Insignum Vertriebs GmbH place an order on the homepage the catalogue prices are not valid but the prices given on the homepage. The order is limited to customary quantities. Dealer's condition are given on enquiry.

7. Warranty
7.1 Insignum Vertriebs GmbH guarantees that on delivery all goods are in the agreed condition and free of damage i. e. they have to be suitable for the use provided in the contract or to suit common use and have to be in the condition that are usual for goods of the same kind. The customer can expect this from the kind of goods and / or form the announcement of Insignum Vertriebs GmbH.
7.2 On receipt of the goods the customer has to examine the goods on completeness and any damages. The goods have to be examined within 2 weeks after receipt at the latest. In case of any discrepancy the customer will send a notice of defect. Anyway in case of hidden damages the notice has to be sent within the delay of warranty.
7.3 The warranty period lasts two years. It starts when the customer receives the goods. During this time all damages covered by the legal warranty will be repaired. At first the warranty claim is restricted to supplementary performance. If the supplementary performance fails the customer can choose to cancel the contract or to claim abatement of the purchase price. This is also valid if a warranty period of more than 2 years is given. Cancellation is impossible in case of a minor and petit defect.
7.4 Claim of compensation due to defective goods is excluded unless Insignum Vertriebs GmbH concealed the defects fraudulently or guaranteed for the condition of the goods or is responsible for damages in life, health or body.
7.5 The defect did not arise from faulty usuage or overstraining. This is the precondition for warranty claim. If the defect shows up 6 months after the receipt the customer has to prove that the goods already were defective on delivery. Otherwise Insignum Vertriebs GmbH has the possibility to prove that the goods were not defect on delivery.

8. Liability
8.1 Insignum Vertriebs GmbH, its management and its employees are liable in case of positive claim breach, default on contract conclusion, delay, impossibility, illegal action as well as any other legal ground in case of intention and gross negligence. In case of responsibility for damage in life, health or body, in case of culpably breach of contractual cardinal obligation (main contractual obligation) or in case of fraudulent misrepresentation as well as an claim for compensation accroding to §437 no. 2 BGB Insignum Vertriebs GmbH is liable on the legal entirety. Only in case of breach of cardinal obligation the liability of Insignum Vertriebs GmbH employees is limited to the typical, foreseealbe damage. Indirect damages are so far excluded. In case of delay the customer has the right to cancel the contract. This is the alternative to compensation.

8.2 According to the product liability act the range of the liability of Insignum Vertriebs GmbH will be unaffected.

8.3 The preceding regulations (7 and 8) regive the complete scope of liability of Insignum Vertriebs GmbH, its management and its employees. An advanced liability is excluded.

9. Choice of law
9.1 German law is applied to legal relationships between Insignum Vertriebs GmbH and customers as well as to the respective terms and conditions. The appliance of the UN agreement on contracts for the international sale of goods from April 11th, 1988 is excluded.

9.2 Due to the regulations of no. 8.1 compulsory regulations of law of the state in which the customer has his usual habitation will be kept unaffected unless and so far the customer conclude a sale contract that cannot be assigned to the professional or commercial activity of the customer (consumer contract) and if the customer made the legal acts necessary for the conclusion of the sale contractin the state of his usual habitation.

10. Sundries
10.1 The customer has no right of charging or retention unless the claim is undisputed or legally judically established.
10.2 Place of payment and delivery is at the business location of Insignum Vertriebs GmbH.
10.3 Should any regulations of this contract completely or in part not be legally effective or lose its legal effect later the validity of the contract should not be affected. For this case the parties commit to agree on a legal regulation to replace the effectless regulation. This new regulation should be - so far possible - similar to the commercial intention of the effectless regulation. The interests of the parties expressed in this contract have to be considered. The same will be valid in so far the contract does not show a gap that was not foreseeable by the parties.
10.4 Exclusive jurisdiction is Mönchengladbach or any other legal jurisdiction choosen by Insignum Vertriebs GmbH as far as the customer is a sales man according to the German Commercial Code or a corporate body of public law.

11. Data security
Your address will be saved in our EDP for a quick and accurate processing. The processing of the given data will be effected according to the regulations of the German Data Protection Act as well as the Teleservice Data Act.