General terms and conditions of CODE-No.com GmbH,
status February 2008
§ 1 Scope; conclusion of the contract
(1) The following general terms and conditions govern exclusively the business relationship existing between us and the Ordering Party. Amendments in any form by the Ordering Party will not be recognized by us unless we explicitly approve their validity in writing.
(2) For customers who have acquired our labels and tags from third party sources (who will also be described as the Ordering Party below), the general terms and conditions will also apply, with the exception of the clauses governing our obligation to deliver the labels and tags and the obligation of the customer to remunerate those services.
§ 2 Right of withdrawal by the customer
Instructions in case of withdrawal:
If the Ordering Party is the user and has a contract with us exclusively via telecommunication methods, i.e. telephone, email or fax, or a contract that was concluded via our Internet site, then he or she may withdraw from the contractual statement within two weeks in writing (email or letter, for example) without reason or by returning the items received.The deadline will begin as soon as the items have been received and not prior to the reception of the instructions. Timely sending of the item or the withdrawal suffices to maintain the deadline for withdrawal.
The withdrawal should be sent to:
Consequences of a withdrawal:
In the case of an effective withdrawal from the contract, the services received by both parties must be mutually waived and any benefits drawn therefrom (e.g., a user fee for the utilization of the object) must be issued. If the Ordering Party can only guarantee return of our service in part, not at all, or in a poor condition, he or she must then pay compensation if need be. In the case the goods have been ceded, this will not apply insofar as the damage to the goods can be traced back exclusively to trying out, as would be the case in a store. Furthermore, the Ordering Party may avoid his or her obligation to compensate by not making use of the object as his or her property and avoiding any action that might affect its value. Objects that can be packaged are to be returned. The Ordering Party will carry the cost of shipment if the goods delivered corresponded to those ordered and when the price of the object to be returned does not surpass the sum of 40 euros. Should that not be the case, then the return shipment will be free of charge for the Ordering Party. Objects that cannot be packaged will be picked up at the Ordering Party s location. Obligations to make payments must be fulfilled within 30 days after sending the notification of withdrawal.
The goods must be returned to
End of the withdrawal instructions.
§ 3 Description of services
(1) We make CODE-No. labels or tags for the identification of objects available to the Ordering Party. All labels or tags ordered are given an individual identification number (the so-called CODE-No.) and delivered to the Ordering Party. As a rule, labels or tags are sent 3-4 days following conclusion of a contract. Each CODE-No. label may only be used to identify the registered object and may only be used once.
(3) Claims to organizing a return of objects can only be made for objects bearing a CODE-No. The object bearing a CODE-No. must correspond to the registered object.
(4) Our service obligation does not extend to the successful finding of a registered object marked with a CODE-No. or to being responsible for its condition. At no point in time will we adopt rights or obligations resulting from the Law of Finds. In particular, the Ordering Party will remain at all times the debtor of the finder’s fee and of the expenses paid by the Finder. The clauses of the Law of Finds §§965ff. BGB will not apply in the relationship between us and the Ordering Party.Please note that the clauses of the Law of Finds §§ 965 ff. BGB apply without limitations to the relationship between the Ordering Party and the Finder.
(5) We are only obliged to perform our service when the Ordering Party has paid our services in full as per the contract and has properly and completely registered his or her object. Our obligation to provide services ends the moment the Ordering Party has transferred the property on a label or tag or the marked object to a third party.
§ 4 Prices, payment
(1) We will provide our service at the price valid on the day the contract has been concluded, indicated on the Website and agreed upon with the Ordering Party. The price is made up of the value of the order and the shipping costs, including all taxes, possible duties that may be applicable for shipping to countries outside the European Union and other price components. All prices are in euros. All prices include the legal Value Added Tax (VAT). (2) In order to pay for our services, the Ordering Party must give permission to debit the compensation owed from his or her account and he or she must grant a debit authorization to this effect or must pay by credit card. Payment is due within five days of receiving the label or tag and reception of an auditable invoice by the Ordering Party.
§ 5 Obligations of the Ordering Party
(1) The Ordering Party who has ordered a product marked with a CODE-No. is obliged to give truthful information when registering with CODE-No.com. When registering data for the return shipment, the Ordering Party must ensure that the following data are complete and correct in his or her profile: first name, last name, address, email address, phone number, cell phone. Furthermore, when registering the object, he or she must also provide information on the features of the object to be marked. These data must be updated immediately by the Ordering Party using the “My CODE-No.com” option in the event of any changes. The Ordering Party may only register objects that are in his or her possession or for which he or she is a legal receiver according to § 965 BGB.
(2) The Ordering Party is obliged to show each ownership transfer of the registered object immediately in his or her profile “MY CODE-No.com” at CODE-No.com.
(3) If the Ordering Party would like to make use of our support to return a found object, he or she must then provide us with a written power-of-attorney, in the event that we have to conclude agreements with third parties in his name for the return.
§ 6 Guarantee
The legal guarantee regulations apply. No guarantees will be given.
§ 7 Liability
We will be held liable according to the legal provisions in the case of premeditation and gross negligence as well as injury to life, body and health. In the case of plain negligence, we will only be liable for violating major contractual obligations. Liability in such a case will only be limited to damages that are typical of the contract and predictable. Our liability according to the Product Liability Law will remain untouched.
§ 8 Consent on data protection
The Ordering Party agrees to our storing and using the personal data collected within the framework of the registration for the purpose of fulfilling this contract. He or she also agrees that we will forward this data to third parties if necessary in order to fulfill the purpose of the contract, in particular to shipping companies contracted by us on behalf of the Ordering Party for the return of objects. The Privacy Statement provides the details.
§ 9 Jurisdiction
In the event of litigation in connection with this business relationship, German law alone will apply to the exclusion of UN commercial law.