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Nailexpress General terms and conditions - February 1st, 2005

§ 1 Ambit
Only the consecutive general terms and conditions are valid, in that version, who was legal at the moment of the order, for the business connection between Nailscout and the purchaser.Nailscout mistake thereform aberrant or complementary conditions of the purchaser, unless, Nailscout had affirmed the validity formally and in writing.

Explanations who are legally effective can reach Nailscout only by this methods:
Postal adress:
Nailscout
Inh. Birgit Böffert
Hölderlinstr.25
75334 Straubenhardt
Germany
Telefon: 07082/9496188
Fax: 07082/9496189
E-Mail: info@nailscout.de

In case that the written form is demanded in this general terms and conditions, so, this requirement is fullfilled also per E-mail or fax.

§ 2 Conclusion of the contract, withdrawal and cancellation.
The sales contract comes about through the order. At mistakes in writing, errata, miscalculation on the web page, Nailscout is authorized to resign from.
The purchaser can cancel the contract, by reconsignment of the unused and originally packed goods, withinn 2 weeks. The goods are to be sended back to the company Nailscout sufficiently stamped. In case that the order value amounts more than 40,00 Euro, Nailscout reimbursed the costs of the reconsignment. We pointed out that Nailscout can retained every decrease in value, resulting from the usage of the thing.

§ 3 Order, Client registration
For a conclusion of the contract, the purchaser have to show off his datas, which are necessary for the achievement of the order. These are saved in our computing. At the order, the client is obliged to do thruthfully informations. If he doesn't, a contract fall through.Nailscout reserves himself formally the claim for damage who results from this.
In case that datas should change, especially the name, adress, e-mail adress or the bank connectio, the user ist obliged, to inform Nailscout immediately.

§ 4 Prices, Delivery
All prives are quoted inclusive the lawful value added tax, plus packaging, transport.
The delivery takes place ex stock to the adress given by the purchaser. The danger pass into the purchaser, as soon as the goods are turm over to the dispatcher, in fact too, when part-deliveries are effected. Potentially informations about a date of delivery are not binding, as far as exceptionally a delivery date have been accepted in writing.

§ 5 Conditions of payment, Due date, Delay
The client can asset objections against the account within 14 days after reception of the account.
At delay of payment, a handling charge of 5,50 Euro per appeal is calculated.
If the purchaser consumer (§ 13 of the german civil code), he gets in delay even without appeal, if the payment does not take place within 30 days after reception of the account. If the purchaser gets into delay of payment, Nailscout is authorised to claim for interests for delay of 5 %. If Nailscout can proove a higher damage cause by delay, Nailscout is authorised to assert this.

§ 6 Set off, Retention
The purchaser is allowed to accumulate, only when his counterclaims are valid or accepted by Nailscout. The exertion by the purchaser is possible, as his counterclaim.

§ 7 Retention of title
The delivered googs are property of Nailscout until the complete payment.

§ 8 Warranty for defects and Responsibility
If there is a representing absence of Nailscout, the purchaser can ask for warranty for defects or replacement. If Nailscout is not willing to or in the position or delayed to the removal of defects cause disproportion, the purchaser is allowed to resign from the contract or to demand a decrease of the purchase price.
As far as nothing else add up, other requirements are excluded. Therefore Nailscout does not liable for detriments, which are not developed on the article of sale. As far as the liability of Nailscout is excluded or limited, it is also effective for the personal liability of employees, agents and assistants.
If the cause of damage based on deliberate act or culpable negligence, the preceding limitation of liability is unclaimed. She is also unclaimed when the purchaser asserts requirements from §§ 1, 4 . The same is emparative at initial incapacity or representative impossibility
If Nailscout harried a liability, the duty of replacement for material damage.
The defectiveness of a product have to be shown immediatly or in writing. Nailscout is not responsable for the damages which emerge form the usind/ and or handling.

§ 9 Data protection
Nailscout is authorised to save and use the incidental datas, as far it is necessary. The user accepts this formally.

§ 9-1 Forwarding charges
The forwarding charges allude to the deliveries to Germany. The deliveries in other countries are calculated on a time and material basis. The purchaser is previously informed about the costs and can decide if the delivery shall be carried out at this costs.

§ 10 Applicable law
It's apply law to the conclusion of the buying authorisation of the UN. Place of venue is Karlsbad-Itterbach, as far as allowable. If one of the preceding clauses should be ineffective, so it is not tangent effectivity of the remaining determination.

Karlsbad-Itterbach, February, 1st,2005.

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