Terms and Conditons
Terms and Conditons
For the business relationship between MindLINK and the customer the terms of sale are valid as amended on 1st October 2014.By placing an order the customer accepts the terms and conditions . Other terms are not valid, except MindLINK does confirm these new terms in writing.
Contracting partner:
Contracting partner isMindLINK, prop. Christiane Lechner, Grünwalder Straße 1, D-81547 Munich, Germany.
Conclusion of contract:
The offers of the site are not mandatory .The order is binding.
MindLINK either confirms this with an acceptance of order or ships the products directly within 2 weeks. The contract is concluded with the adoption of the order or the day of shipment.
Prices:
All prices are including German sales tax and exclusive shipping costs. The costs for shipping are charged separately.
Conditions of payment:
For products shipped within Germany: the purchasing price is due to be paid within 2 weeks from the billing date.
For products shipped outside of Germany (e.g. USA, England, Northern and Eastern Europe) the products must be paid before shipment, either with credit card guarantee, or via bank draft. If the
customer is in delay of payment, MindLINK can charge interest.
Retention of title:
Until full payment the shipped products are property of MindLINK.
Shipment:
The order will be shipped from MindLINK to the address which the customer transmitted.
Usually the products can be shipped within 5 business days. As shipping carrier MindLINK uses the German Parcel service. If the customer wishes a different carrier, these extra costs will be charged. These are no mandatory information in regard of shipment and cost.
Liability:
MindLINK is only liable for intent and gross negligence. For slight negligence liability is excluded. MindLINK is only liable in regard to the law of product liability, or for breach of contract; such as deceit and fraudulent concealment of a fault, or a breach of warranty concerning durance, time and date of delivery.
The damage claim in case of a breach of contract is limited to a contract-typical claim, if not a reason for liability – 1 or 2 – takes effect. This limitation of liability applies also to the employees of MindLINK or to third parties who act on behalf of MindLINK.
This arrangement applies to all damage claims, irrespective of the legal basis , especially for claims of non-delivery, delivery of faulty products or breach of contract. This also applies to claims of compensation in case of futile application, and in case of late or impossible delivery.
Counter Claim:
The customer shall be entitled to an offset only if its counter-claim has been legally established, or is uncontested. The customer shall been titled to a right to withhold payment only if ist counter-claim is based on the same delivery .
Disclaimer:
Is the customer a person where the Civil law code applies, the following applies:
The customer can cancel the contract within 2 weeks in writing (letter, fax, and email) or – in case the products were shipped - by returning the products. The deadline starts with the receiving of these terms as printout, but not before receiving the shipped products. If the products are shipped partially, the deadline starts when the receipt of the first product . To stay within the deadline, it is sufficent to send the objection or the products to: MindLINK, Christiane Lechner, Grünwalder Str. 1, D-81547 Munich, Germany.
Objection:
In case of a successful objection, the benefits of both partners are returned and utilized interest rates have to be returned. If the product is returned in a diminished condition, lost value has to be compensated. This does not apply if the loss of value is caused by checking the products, how it would be displayed in a shop. One can avoid loss of value by careful and accurate use of the devices. If products are shipped, these have to be packed appropriately and shipped back to MindLINK. Mindlink pays for the shipment within Europe. For worldwide shipment the customer has to cover the rates. Refunds will be made within 30 business days. The deadline starts with the receipt of the objection or the returned product.
The customer should contact MindLINK before shipping products in order to guarantee that the products are returned intact. Returned products are only accepted in original packaging.
Applicable law:
The laws of the Federal Republic of Germany are applying.
Place of Jurisdiction:
If the customer is a merchant, the place of jurisdiction and place of delivery is the place of the registered of MindLINK in Munich, Germany. If the customer is out of Germany, Munich is the exclusive place of jurisdiction, also for collection procedures.