Legal seller information

Ankermann PC
Lars Ankermann

Alemannenstr. 2                                                                                            Phone: (0049) 07641 9340830
79331 Teningen                                                                                              Fax: (0049) 07641 9340831
Germany                                                                                                          E-mail: info@ankermann-edv.de

Tax ID No.: DE 189346189

 1. Contractual basis

1.1. The website www.ankermann-edv.de is an online shop to sell computers, hardware, spare parts and accessories. The site is operated by: Ankermann PC, residence: Alemannenstr.2, 79331 Teningen in Freiburg, Germany.

Managing Director: Lars Ankermann. District Court: Emmendingen

1.2. These general terms and conditions apply to all business relations between the Ankermann PC and you as a client (hereinafter referred to as "CUSTOMER"). The contracts are exclusively subject to the following terms and conditions, which are valid at the time of the order.

§ 1 Scope

All our deliveries and services take exclusively place on the basis of these standard conditions of sale and delivery.

§ 2 Conclusion of contract

[1] The customer's order is a binding offer. We can accept this offer at our discretion within two weeks by sending an order confirmation or the fact that the goods will be sent to the customer within the deadline.

[2] The contract is concluded exclusively in German.

2.1. The Internet offer of Ankermann PC represents only a prospectus. By presentation of the products, Ankermann PC requests you to submit an offer for the order.

2.2. Ankermann PC can reject the contract at its own discretion. Should Ankermann PC reject the contract conclusion, you will be informed as soon as possible about it.

2.3. Ankermann PC sells goods only, according to the German law, to customers who are of age.

2.4. Upon receipt of your order at Ankermann PC, you will get a notification that your order is received and in process. You will receive a confirmation email to the given e-mail address. The order confirmation is not even the acceptance of your offer to complete a purchase. With the confirmation of order we inform you, that your order is received. A sales contract is concluded only, when we confirm the purchase. You will receive a separate confirmation of purchase.

2.5. We point out that we sell our products only in small quantities.

2.6. We save the contract text and send you the order data and our terms and conditions by e-mail. You can view your past orders in our customer login area if you are registered as our customer.

§ 3 Prices and payment

[1] Prices without additional information are the final price of the goods, including value added tax (gross price). Costs for the completion of the contract, especially the costs of dispatch, a special packaging or cash-on-delivery, as well as a payment attributable transaction costs will be charged additionally and identified separately. The prices at the time of order are valid.

[2] Delivery takes place against cash or bank transfer. If delivery is exceptionally agreed on account, the customer defaults after seven days, after receipt of the goods and the invoice. If the consumer defaults, the debt has to be paid with 5% interest on the prime rate according to § 247 BGB (German civil code). If we can prove a higher damage caused by default, we are entitled to claim it.

§ 4 Delivery

[1] The delivery of the ordered goods is executed, so far as it will be sent, generally by UPS (UPS), and only within the Federal Republic of Germany and Austria as well as the EU.

[2] Delivery will usually take place within 48 hours to 4 working days after receipt of payment. Upon notification of delivery delays, we will inform you immediately or by request to our account info@ankermann-edv.de.

[3] If the customer sets a time for performance, it has to be at least two weeks. Claims for damages instead of performance or because of default are entitled to the customer only if the delay in performance rests on intent or gross negligence. This limitation of liability isn’t valid for damages caused by an intentional or negligent breach of duty by us, a legal representative or an accomplice.

We have to prove that the damage is not based on intent or gross negligence.

[4] The orders are saved by us. If you lose your order document please contact us. We will send you a copy of your order data.

4.1. Shipping costs

4.2. You also have to bear the shipping costs of the purchase price of the goods ordered in accordance with our shipping terms which are valid at the time of order.

4.3. The shipping fee is (independent from the method of payment):

- Within Germany:

Postage and packaging charge per PC 16 euros

COD charge: plus 5 euros

- To Austria (COD is also possible):

Postage and packaging charge 25 euros

Postage and packaging charge plus COD 29 euros

- To other EU countries (COD is also possible (France only until 700 euros))

Postage and packaging charge 25 euros

Postage and packaging charge plus COD 29 euros

4.4. The shipping costs can be requested at any time at Ankermann PC, phone +49 (7641) 9340830 or by an email to info@ankermann-edv.de.

§ 5 Retention of title

[1] We are the ownership of the goods until full payment of the purchase price including VAT, the payable costs by the customer, accessory claims and interest on arrears.

[2] In commercial transactions, we retain the title to the goods until receipt of all payments of the customer of the business relationship. The reservation of title ranges also over the accredited balance, insofar as we enter debts as current accounts towards the client (current account proviso). In commercial transactions the customer is entitled to resell the goods in the ordinary course of business. But by now, he assigns all claims in the amount of the invoice final amount (including VAT) to us, which accrue from the resale towards his consumer or third parties, independent thereof, if the goods have been resold without or with other chattels. To collect this debt, the customer is authorized, even after their assignment. Our authority to collect the claim self, hereof remains unaffected. However, we undertake not to collect the debt, as long as the customer meets his payment obligations in accordance with the regulations and is not in arrears. If the customer defaults, he has to inform us about the assigned claims and his debtors, he has to give information for the collection, he has to hand over all corresponding documents and to disclose the assignment. Our authority, to disclose the assignment, hereof remains unaffected.

§ 6 Warranty

[1] If the delivered goods are defective, the client is firstly entitled to require the elimination of the defect or delivery of flawless goods as subsequent performance. We bear the necessary expenses according the subsequent performances, in particular transport, travel, labor and material costs. We may refuse the customer's first choice of subsequent performance, if it is possible only at disproportionate costs. Thereby, the value of the goods free of defects, the importance of the defect and the question if another type of subsequent performance, without considerable disadvantages for the customer, would be possible. The entitlement of the customer is, in this case, specific to the other type of subsequent performance. Our right to refuse also this one, on the premise that entitles the refusal of the first chosen type of subsequent performance, remains unaffected. If we deliver goods free of defects for subsequent performance purposes to the customer, the customer has to send us back the original delivered goods to our costs, but at the latest within one week. If we replace parts for subsequent performances purposes, we become owner of the replaced parts.

[2] Claims become statue-barred after two years after delivery of the goods. For used goods, the warranty claims become statue-barred after 1 year.

[3] To achieve the rapid processing of warranty claims, the client should hand over the appropriate equipment, with a detailed description of failure, a copy of the invoice and in the original packaging to us. Without the cooperation of the customer, however, the processing of the warranty claims can be delayed considerably. Before return of the defective product, the customer must carry out a data saving at his own expense. A liability for loss of data cannot be assumed.

[4] In case of assertion of warranty claims for goods not purchased at us, we are eligible for compensation and reimbursement of costs incurred. The expense for compensation is a lump sum of 50 euros. We reserve the verification of higher disbursements and damages. The customer reserves the verification of the real basic disbursements and damages.

[5] If it is found that the customer is charged with gross negligence or intentional defect claims, although there is no defect or there are no concerning the defect, the customer is obliged to pay all expenses incurred by our use and damage. The damage and compensation claim is a lump sum of 50 euros. We reserve the verification of higher disbursements and damages. The customer reserves the verification of the real basic disbursements and damages.

[6] Hereby we also point out the special handling of the goods, the specific legal requirements, e.g. which are subject to the disposal regulations.

7. Revocation
A right of revocation according to §§ 312, 355 BGB (German civil code) in distance selling contracts is entitled only to a consumer. Consumer means any natural person who seals a legal transaction, which cannot be attributed neither their commercial nor their independent business activity. If the consumer is given a right of withdrawal by those regulations, he is bound to his declaration of intention addressed to the settlement of a contract, if he withdraws it on time. In accordance with the Selling Act, consumers have the option to cancel their contract within one month without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins with receipt of this notification in writing at the earliest, but not before receipt of the ordered goods. For meeting the cancellation time limit, an in time dispatch of the revocation or the goods are sufficient. The revocation must be sent to:

Ankermann PC
Proprietor: Lars Ankermann
Alemannenstr. 2
79331 Teningen

Germany
Service line: (0049) 1805 002 894
info@ankermann-edv.de
Tax ID No. DE 189346189

Excluded from the right of withdrawal is the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by the consumer.

Consequences of the revocation:
In case of an effective cancellation the mutually received benefits and if necessary any benefits (e.g. interest) have to be reimbursed. If the consumer is not in the position to reimburse the received benefits completely or only in poor condition, he has to pay the compensation for the value. With the release of the goods this does not apply, if the deterioration of the goods is exclusively based on the intended use.
In case of an existence power of revocation until an order value of a total of 40 euros, the customer bears the costs of the return of the goods, unless the delivered goods do not correspond to the ordered goods.

§ 8 Place of Performance, Jurisdiction

[1] For contracts with merchants, legal persons under public law or public law special assets, the place of performance for delivery and payment is Emmendingen and the jurisdiction is Freiburg, as agreed.

[2] If the consumer is not domiciled within the European Union or loses after the contract conclusion a domicile or a habitual residence from the territory of the Federal Republic of Germany, our jurisdiction is also Freiburg. This is also valid, if the domicile or the habitual residence aren’t known at the time of the commencement of action. In transactions with consumers within the European Union, the law at the domicile of the consumer can be applicable, provided that it’s coercively about consumer rights.

[3] The law of the Federal Republic of Germany is valid. The regulations of the Vienna UN convention of 11 April 1980 about contracts of the international sale of goods

(UN sales law) doesn’t find application.

1^st January 2011