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Conditions

Our Terms

§ 1 - Identity of the entrepreneur:

Postal address and place of business: OUTLAST Am Sportplatz 14 04463      Großpösna

info.outlast@yahoo.com

 

§ 2 - Validity:

1. The following general terms and conditions apply exclusively to all services between Outlast and the customer. The customer acknowledges this by placing the order or by accepting the delivery.

2. Deviating general terms and conditions of the customer will be rejected. These only become effective if Outlast expressly confirms them in writing.

 

§ 3 - Offer and conclusion of contract:

1. Your order represents an offer to us to conclude a purchase contract.

2. When you place an order with Outlast-survive.com, we will send you an order confirmation email acknowledging that we have received your order and detailing it. This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we send the ordered product to you.

§ 4 - Dispatch and delivery:

1. Outlast-survive.com always endeavors to meet the specified delivery dates. However, they are non-binding.

2. Shipping will only take place after advance payment has been made, unless otherwise agreed. The shipping method and carrier are determined by Outlast-survive.com  definitely.

§ 5 - Cancellation policy:

1. Right of revocation: You can revoke your contractual declaration within two weeks in text form (e.g. letter, e-mail) without giving reasons or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before the goods are received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312e Abs.1 Satz 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

OUTLAST Am Sportplatz 14 04463 Großpösna Germany info.outlast@yahoo.com 

2. Consequences of revocation: In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 150.00 or if you have not yet paid the consideration or have made a contractually agreed partial payment. Otherwise, the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

End of revocation

§ 6 - Prices and shipping costs:

1. Unless otherwise agreed, the prices for the end consumer are calculated at the prices valid on the day of delivery. All prices are in EURO including packaging and postage costs and any applicable VAT.

2. The ordered goods will be sent as an insured postal package to the specified delivery address within 7-9 working days after receipt of payment and after availability of all ordered items. The shipping costs are calculated in the shopping cart.

§ 7 - Terms of payment:

1. The invoice amount is to be paid to Outlast-survive.com without deductions in advance, unless otherwise agreed.

2. Payment is only deemed to have been made when the amount due has been credited to Outlast-survive.com's bank account. In the event of a delay in payment, Outlast-survive.com is entitled to demand interest of 5% above the applicable base interest rate as default interest without further proof. This does not rule out the assertion of further damage caused by delay. This includes, in particular, the costs incurred as a result of default in acceptance or returned direct debits.

3. All payments are always credited to the oldest debt, regardless of the buyer's provisions to the contrary. If costs have already been incurred through collection and/or interest, the payment will first be offset against the costs, then against the interest and finally against the main claim. The buyer is only entitled to set-off, retention or reduction if the counterclaims have been legally established or are undisputed.

§ 8 - Retention of title:

1. Outlast-survive.com goods are delivered subject to retention of title. They remain the property of Outlast-survive.com until full payment.

§ 9 - Warranty and Liability:

The customer is responsible for checking and examining. Outlast-survive.com is not liable for damage caused by unchecked goods, nor for the suitability of the delivered goods for the purposes intended by the customer. Furthermore, not for damage that could arise from the processing and use of the goods. The customer undertakes to inform Outlast-survive.com immediately if claims are made against him by third parties on the basis of the Product Liability Act.

§ 9 a Defects in the delivered goods:

 

In particular, complaints about damage must be reported to Outlast-survive.com by the customer, if he is an entrepreneur, immediately and without culpable hesitation no later than seven days after receipt of the goods. At the end of this period, the goods are deemed to have been duly accepted.

§ 9 b The warranty period for new goods is two years from delivery of the goods

Consumers have the choice of whether the supplementary performance should take the form of repairs or a replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.

If the supplementary performance fails, the customer can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his choice. In the case of only minor defects, the customer has no right of withdrawal. 

Entrepreneurs must immediately inspect the goods for quality and quantity deviations and notify us in writing of recognizable defects within a period of one week from receipt of the goods, otherwise the assertion of warranty rights is excluded. Hidden defects must be reported to us in writing by entrepreneurs within a period of one week from discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. The customer does not receive any guarantees in the legal sense from Outlast-survive.com. Manufacturer guarantees remain unaffected.

Notices of defects, other complaints and suggestions should be sent to:

OUTLAST At sports field 14 in 04463 Großpösna

§ 10 - Place of performance, place of jurisdiction and applicable law:

1. The law of the Federal Republic of Germany applies to all business relationships between Outlast-survive.com and the customer. The application of the UN sales law is excluded.

2. Place of performance and place of jurisdiction for all disputes arising from the contractual relationship between the customer and Outlast-survive.com is Leipzig, provided that this can be effectively agreed between the parties. Irrespective of this, we remain entitled to bring an action or initiate other legal proceedings at the customer's general place of jurisdiction.

§ 11 - Data protection:

1. Outlast-survive.com is entitled to store and process the data on the buyer received or arising in relation to the business relationship or in connection with this, regardless of whether they originate from the buyer himself or from third parties, in accordance with the Data Protection Act.

§ 12 - Effectiveness of the contractual provisions:

1. The invalidity of one or more provisions of these General Terms and Conditions does not affect the validity of the others.

2. In the event of the invalidity of individual provisions, the parties are obliged to replace them with a regulation that comes closest to the one originally presented with retrospective effect.

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