Welcome to POICON

General business terms of POICON GmbH & Co. KG ("POICON")

As of: 01.01.2011

1. Area of validity
These general terms of business are valid for all business relationships between POICON and its customers. The current version is valid until the time of the conclusion of the contract. Our terms and conditions apply exclusively. Opposition or deviation from our terms and conditions by the customer will not be recognised unless POICON has specifically agreed in individual cases in writing.


2. Delivery
POICON will ship the ordered goods to the address given by the customer at the time of placing the order immediately. POICON is entitled to partial deliveries. The sale of goods takes place only in small quantities. Delivery will be made in accordance to the stated shipping costs. All risks of delivery shall pass to the customer as soon as the product has been passed from POICON to the contracted logistics partner. The sale of consumer goods is excluded from this regulation. Information on the estimated delivery time is not binding, provided the customer has not received an individual commitment in writing from POICON.


3. Retention of title
Until the complete of all claims by the customer, the delivered goods will remain the property of POICON.


4. Payment and due date
POICON will only accept the method of payment specified by the customer at the time of ordering. The purchase price and any applicable fees and/or shipping costs will be due for payment on the conclusion of contract. If the customer defaults on a due payment, POICON is entitled to demand a default interest of 5% above the base rate. The right of POICON to request higher damages remains unaffected. The customer may dispute claims by POICON only if and insofar as his claims are legally grounded, undisputed or acknowledged by POICON.


5. REVOCATION
As a consumer (§ 13 German Civil Code), you have a statutory right of cancellation for your order, as we would like to illustrate below:

Withdrawal in Consumer Sales
You can withdraw your contract agreement in written form (e.g. by letter, email, fax) within 30 days without specifying a reason, or the delivery of goods – by returning the goods – within the given deadline. The returns period begins with the receipt of this notification in writing, but, on the delivery of goods, not before receipt of goods to the consignee (in case of recurring deliveries of similar goods not before the first delivery), and when supplying services not prior to closing, and in all cases when not fulfilling our obligations under Article 246 § 2 in connection with § 1 Sections 1 and 2 of the EGBEB and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 of the EGBGB. The revocation period is sufficient enough to send the revocation or the goods. Revocation should be addressed to:

POICON GmbH & Co. KG
Geschäftsführer
Stefan Quisdorf und Torsten Florian Singer
Marktstr. 9
39624 Kalbe/Milde
Germany

Fax: +49 (0)1805-764299*
E-Mail: info@poicon.com

* €0.14/min. from a German T-Com landline


Withdrawal procedure
In the case of an effective cancellation the mutually received benefits and any emoluments (e.g. interest) are to be surrendered. If you are unable to return the goods received in whole or in a deteriorated condition, you must pay us compensation for the value. This can result in services to ensure that you meet the contractual payment obligations for the period up to the revocation. With the release of the goods, this does not apply if the impairment is due to their examination – as in a retail store. In addition, you can avoid the obligation to pay compensation by not putting the goods to use as if they were your property and avoid doing anything with it that could reduce its value.


Packaged items are to be returned at our risk. As long as you use our parcel service DHL at http://retoure.poicon.com, the return is generally free of charge within Germany. With customers from abroad, we ask you, in order to receive a refund, to present the receipt, your bank account details (IBAN/BIC number) and to return goods as a normal package. Goods that cannot be posted will be picked up. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods, for us, with their reception.


Special notes
Your right of withdrawal expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.

End of revocation instructions

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The revocation right does not apply to distance contracts

- to the delivery of goods produced to customer specifications, or
- obviously tailored to personal needs, or
- which are by their nature not suitable for return, or
- the delivery of audio or video recordings or software if the media has been unsealed by the consumer.


6. Costs of return
Packaged items are to be returned at our risk. As long as you use our parcel service DHL at http://retoure.poicon.com, the return is generally free of charge within Germany. With customers from abroad, we ask you, in order to receive a refund, to present the receipt, your bank account details (IBAN/BIC number) and to return goods as a normal package. Goods that cannot be posted will be picked up.


7. Warranty
POICON will be held responsible for defects which are present on delivery for a warranty period of two years, in accordance with the following rules: the customer will communicate any defects to POICON in writing. If a defect is present for which POICON is responsible, POICON will either provide a repair or a replacement, according to the customer’s wishes. Should the repair or replacement fail, POICON is unable or not prepared, or if this is delayed for an unreasonable period of time due to POICON, the customer is entitled to withdraw without prejudice to any claims for damages from the contract or demand a reduction of the purchase price.


8. Liability
POICON is liable for damages caused intentionally or by gross negligence, fraudulent concealment of defects, by acceptance of a guarantee for claims under the Product Liability Act as well as for body damage. For other damages, POICON is liable only if a duty is violated, that is for the attainment of the purpose of special importance (cardinal obligation) and if the damages are typical and predictable due to the contractual use of the product. Notwithstanding the current liability in full accordance with Clause 1 provides that it is not liable for the breach of contractual collateral duties.

The liability of POICON ends if the goods or software are used or modified in any way that breaches this contract.

Liability is limited to twice the amount of the paid sale price in accordance with this contract. Any further liability, for damage, which did not occur to the goods themselves, for lost profits or other financial damages to the customer, is excluded.

The liability restrictions also apply to statutory claims (tort) and the faults of agents or legal representatives.


9. Software, literature
For the delivery of software and literature, the present conditions, the special licensing and other conditions of the manufacturer apply. The customer is required not to use this product without agreeing to the licence and terms of use.
By accepting the goods, the validity of these is expressly recognized.


10. Final provisions
The business relationship between POICON and their customers is subject only to the laws of the Federal Republic of Germany. For consumers with a regular residence in another country, the laws for consumer protection are not valid. The validity of the UN treaty on the International Sale of Goods is excluded. If the customer is a salesperson, Hamburg is the exclusive venue for all claims in connection with the business relationship.