1.
Content of the On-line offer
The information and statements in this Web site are given
without warranty or guarantee. BRUNS
Clothing accepts no
liability for the topicality, correctness, completeness or
quality of the information presented on our Web site.
Claims for liability against BRUNS
Clothing are in
principle excluded, providing no gross negligence or
intention on the part of BRUNS
Clothing can be
proven. This covers claims for material or notional
damages which may occur through use or non-use of the
presented information, or through the use of faulty or
incomplete information. All offers are non-binding and
subject to change. BRUNS
Clothing explicitly
reserves the right to change, to extend, to delete or to
remove temporarily or permanently from publication parts or
all of the offers made without any special advance
announcement.
2. References and Links
With direct or indirect references to remote Internet pages
("links") which lie outside BRUNS
Clothing
area of responsibility,
liability for the contents of the remote web site can only
be accepted for those web sites for which BRUNS
Clothing was aware of
and familiar with the contents, and for which BRUNS Clothing could be
assumed to have been able to prevent the use of such sites
in the event of illegal contents. BRUNS
Clothing herewith
explicitly declares that at the time of setting the links,
no illegal content on any of the linked pages could be
identified. BRUNS
Clothing has no
influence over the current and future layout, the contents,
or the copyright of the linked/connected pages.
Therefore BRUNS
Clothing herewith
disclaims all responsibility for all contents of all
linked/connected pages which were changed after setting the
link. This declaration applies to all references and
links set within his own Internet offering as well as for
visitor entries that may be made in guest books, discussion
forums and mailing lists set up by BRUNS
Clothing. The
promoter of the web site on which illegal, faulty, or
incomplete contents are presented, is solely liable for
damages which may in particular arise from use or non-use of
such presented information, not the promoter of the web site
who only makes links to such web sites.
3. Copyright and Trademarks
BRUNS
Clothing endeavors to
recognize the copyright, in all publications, of the
graphics, audio documents, video sequences and texts that
are made use of. Where possible, BRUNS
Clothing uses its own
graphics, audio documents, video sequences and texts, or
makes use of license-free graphics, audio documents, video
sequences and texts. All registered trademarks and
product names referred to in the Internet offering are
protected without reservation by the appropriate trade mark
regulations and rights of ownership of the registered
owners. That such trade marks and model names are
referred to is in no way an indication that they are not
protected by third party rights. Copyright for documents
produced by BRUNS
Clothing and
published on these pages remains solely with BRUNS
Clothing. Reproduction or appropriation of said graphics, audio
documents, video sequences and texts in other electronic or
printed publications is expressly prohibited without the
written permission of BRUNS
Clothing.
4. Data Protection
In so far that the possibility exists of inclusion of
personal or commercial (name, postal and/or e-mail address)
information within the Internet offering, the disclosure of
such information on the part of the user is explicitly at
his or her discretion. Making use of and payment for all
services offered may be made, as far as technically possible
and reasonable, without providing such data, or by providing
anonymous data as allowed.
5. Legal validity of this Liability
Disclaimer
This liability disclaimer is to be taken as part of the
Internet offering, to which this page refers. Insofar that
parts or individual phrases of this text may not, or no
longer be, or not completely reflect the currently
applicable legal position, the remaining parts of the
document in their content and validity remain unaffected.
General Terms & Conditions:
Preamble
BRUNS
Clothing maintains a
web site for commercial and informative purposes under the
domains: www.brunsclothing.com, www.brunsmachine.com and
www.brunsindustries.com. At this/these site(s), BRUNS
Clothing offers
customers products for purchase over the Internet and also
may offer information or other clothing, machine or automotive products.
1 Validity
These conditions of sale apply without exception unless
otherwise explicitly agreed to in writing.
2 Product Selection
(1) The customer may select and order products offered on
the web sites and domains named above.
(2) The customer is to be provided with a specific product
description on the relevant page of the web sites.
(3) The customer can click on the desired product displayed
on the web site page. This will be added to a virtual
shopping basket and the customer will received an overview
of his purchases showing the total price in US dollars when
he has concluded his purchases.
(4) Prior to dispatch of his order, the customer is able to
review his purchases and, if necessary, to correct any
errors, in particular regarding quantities.
3 Conditions of Sale
(1) The customer's online order is a binding offer to
purchase. Within a period of 1 hour but no longer than
7 business days we will confirm this offer in writing or
will dispatch the ordered goods.
(2) The BRUNS
Clothing
may substitute
goods of comparable quality and prices, if the goods ordered
are not available. By purchasing from the site the customer
has indicated his approval of this procedure.
4 Execution of the contract
(1) Processing of orders
BRUNS
Clothing
will process orders within a period of two weeks and inform
the customer in writing or e-mail of the delivery date if
the goods ordered are not available within 14 days and
delivered immediately. Production of custom clothing
normally takes 12-14 days. Orders will be shipped
immediately upon completion of production.
(2) Delivery
a)
BRUNS
Clothing
will ship orders within 14 working days of receipt of order,
without advance written confirmation of the order. For other
situations, delivery will be made by or on the date quoted
in the order confirmation. Please allow 12-14 days for custom
work approval and shipment.
b) If the customer fails to take delivery of the goods or
otherwise fails to carry out his mutual responsibilities to
complete the delivery process, BRUNS
Clothing
is
entitled to claim compensation for any costs incurred,
including additional costs, where appropriate. The supplier
reserves all rights. Provided the aforementioned conditions
are fulfilled, the customer carries the risk of
coincidental loss or damage of the goods at the time of
failure to fulfill his acceptance responsibilities.
c) The customer's legal rights are not effected.
(3) Costs for packing and transport.
Packing and delivery within the USA are as quoted in product
description.
The charges will be paid by the customer prior to
shipment.
(4) Changes, Additions, Limitations to the Order
Customer enquiries relating to changes, additions or
limitations to orders already placed will be answered by
BRUNS
Clothing
as soon as
possible. If the customer requests changes, additions or
limitations to products planned for delivery at least 5
working days before the scheduled dispatch of the goods,
BRUNS
Clothing
will take such requests under consideration as far as
possible.
5 Prices and Conditions of Payment
(1) The prices applicable are those displayed in the
relevant pages of the BRUNS
Clothing Internet site at the time of
receipt of the order
(2) Packing and transport
costs are calculated according to the conditions shown in
#4, para. 3.
(3)
In some cases BRUNS Clothing will
invoice the customer for the
goods ordered. This invoice accompanies the goods and is
presented to the customer at the time of delivery.
(4) Payment shall be made solely to the account of
Bruns Clothing
and/or one of its partners or
subsidiaries.
(5) When not otherwise agreed, the sales price is payable
within 1 day of the date of invoice. Payments in default of
this date may be charged interest at the rate of 13% per
annum. The right is reserved to charge additional
compensation for damages incurred by delayed payments. For
commercial customers the first sentence applies, with the
proviso that interest at the rate of 15% per annum will be
charged.
(6) If the agreed delivery date exceeds two months after
confirmation of order, or if delivery is delayed beyond two
months from date of order for reasons caused solely by
actions of the customer, or for reasons for which he is
responsible, BRUNS
Clothing is entitled to charge the price
applicable at the time of delivery. If the resulting price
increase is more than 5% above the agreed purchase price,
the customer is entitled to withdraw from the purchase
agreement if he/she wishes. This right of withdrawal lapses if the customer
fails to exercise his rights within a period of 2 weeks from
the date on which the new price was announced.
6 Compensation and Liens
The customer has the right of compensation only when his
counter-claim is legally recognized or undisputed. The
customer is empowered to exercise a lien only insofar as his
counter-claim is derived from the same contractual
relationship.
7 Reservation of Title
(1) BRUNS
Clothing
reserves all rights to
ownership of the delivered goods until full reimbursement of
all goods and services arising from the sales contract.
BRUNS
Clothing is entitled to recover the
goods when the customer fails to fulfill his contractual
obligations.
(2) Until the customer acquires full rights of property, he
is required to treat the goods with care. Until the customer
acquires full rights of property, he is required to inform
us without delay in writing if the delivered goods are at
risk of legal attachment or any other seizure by third
parties. In so far as the third party is not able to
reimburse the resulting legal and/or out-of-court expenses
of a lawsuit per 771 ZPO, the customer is liable for any
associated losses.
8 Advice of Cancellation and Return
(1) Cancellation Rights
The customer may cancel his order without stating his
reasons within a period of two weeks. Such notice of
cancellation must be in writing (e.g. letter, fax, e-mail)
or by return of the goods. The period commences at the
earliest with receipt of this advice. This right is deemed
to be exercised by transmission of the cancellation notice
or by returning the goods before expiration of the period of
payment.
(2) Right of Return of the Goods
The customer may return the goods without stating his
reasons within a period of 2 weeks. This period commences at
the earliest with receipt of the goods and this advice. For
goods which cannot be sent as packets (e.g. bulky articles),
the return of goods can be communicated in writing, by
letter, fax or e-mail. Conformance to the required period
must be demonstrated by date of postage or time of
electronic transmission. In the event this right of return
is agreed to,
BRUNS Clothing
will pay transport costs.
(3) Authorized Recipient
Cancellation, Return of goods or Requirement of Acceptance
of goods shall be notified to:
BRUNS
Clothing
Phone: (605)
886-8023
Internet address: www.brunsclothing.com
e-Mail:
motopsycho@wat.midco.net
(4) Consequence of cancellation and return
In the event of an effective cancellation of the order, or
an effective return of the goods, the mutually exchanged
services are to be made good in full, and benefits that may
have been exploited (such as interest) are to be
compensated. If the customer cannot provide complete
restitution of the goods and services, or returns them in
damaged condition, he is required to compensate BRUNS
Clothing. This does not apply to trade
in goods if the deterioration of the goods is determined
solely by inspection, as would have been possible for the
customer in a retail shop. Incidentally, the customer can
avoid responsibility for replacement by not making use of
the goods as if he was the owner, and by taking all
precautions to protect the goods from further damage.
Articles suitable for postal packet transportation should be
returned that way. When the returned goods correspond to
those ordered, the customer must pay the return postage. In
other cases the customer may return the goods free of
charge.
Custom products cannot be
returned except in the case of failure due to defect in
product or workmanship.
(5) Special Notice
The customer's right of cancellation expires prematurely if
the customer's contractual partner has performed his
services prior to the end of the cancellation period
explicitly at the customer's wishes, or if the customer
himself has arranged for this service to be carried out.
9 Warranty and Liability
The customer shall notify BRUNS
Clothing of obvious "damage upon delivery",
in writing within 14 days of delivery of the contracted
goods. Please advise delivering carrier's representative at
time of delivery of obvious damage if at all possible. In
the case of concealed damage please contact BRUNS
Clothing
to arrange a Returned Merchandise Authorization
number. In the case of damage in transportation BRUNS
Clothing will, at its discretion repair, replace or make a
refund of product costs.
BRUNS
Clothing warrants against defects in
materials or workmanship for a period of ninety days from
date of delivery.
Contributory negligence of the
customer will be assigned proportionally.
Liability for malicious intent,
guarantee, guile, and for personal injury, as well as
statutory product liability is not affected in the case of
negligence.
Consequential liability is excluded
without reference to the legal basis of claims that may be
applied. Where the liability of BRUNS
Clothing is excluded, this applies in
addition to the personal liability of its staff, employees,
associated workers, representatives and supply agents.
BRUNS
Clothing
are made with high quality materials and will
last for many years if properly maintained. BRUNS
Clothing
does not warrant against damage caused by
abuse or misuse of our clothing. BRUNS
Clothing may offer compensation based on
individual cases of damage but shall not be obligated to
offer replacement or compensation if damage occurs due to
customer negligence or abuse caused by customer or their agents. Damaged
merchandise may be returned to BRUNS
Clothing
at customers expense for assessment of damage and possible
remedies, and customer will be notified of repair or
replacement costs within two weeks of delivery of product to
BRUNS
Clothing.
10 Force Manjure
(1) In the event that Force Majeure (in particular war and
natural catastrophe) prevent BRUNS
Clothing from fulfilling its contractual obligations, BRUNS
Clothing is relieved of these
obligations for the duration of the force majeure
conditions.
(2) If conditions of Force Majure prevent BRUNS
Clothing
from processing the order or delivering the goods for longer
than one month, the customer has the right to cancel the
order.
11 Data Protection
BRUNS
Clothing observes all applicable
requirements concerning protection of personal data,
especially the conations of the law protecting data
transmitted in the course of providing Internet services.
12 Concluding Provisions
(1) The contractual language is English
(2) In the event that one provision of these conditions is
or becomes invalid, the other provisions remain valid. BRUNS
Clothing
and the customer will replace the invalid provision
with one that is valid, and reflecting as closely as
possible the wishes of the partners in an economic way.
(3) This contract and all legal relationships of the parties
are subject to the law of the United States of America, with
the exception of the United Nations Convention on Contracts
for the International Sale of Goods (CISG).
BRUNS
Clothing
1037
1st Ave NE
Watertown SD 57201
Phone: (605)
886-8023
Internet address: www.brunsclothing.com
e-Mail:
motopsycho@wat.midco.net
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