The following are the general terms and conditions for:

i-ways sales solutions GmbH
Chausseestraße 29
10115 Berlin
Deutschland

Tel.: +49 30 28046276
Fax: +49 30 28046544
E-Mail: info@i-ways.de

Sales tax (VAT) no.: DE 814727405


Contract Terms for Buyers

Status: 30.12.2005

The company i-ways sales solutions, represented by Mr Silvio von Krüchten (hereafter known as "the seller") supplies products for purchase by private customers and business via online marketplaces like eBay and other e-commerce-platforms. The following general terms and conditions are valid for all contracts made in this capacity.

1. General Terms and Conditions and Scope of Validity

(1)
These general terms and conditions are valid for all business relations between buyer and seller. They are also applicable for all future business relations even where these have not yet been expressly agreed. The version valid at the time the contract is concluded is applicable in each case.

(2)
"Buyer" in the sense of the general terms and conditions set out here, refers to both private customers and businesses. For the purpose of these general terms and conditions, "private customer" includes any individual with whom a business relationship is entered into and who acts in a capacity related neither to commercial activities nor to occupational activities for self-employment. For the purpose of these general terms and conditions, "business" denotes any individual, legal entity or business partnership that has legal capacity with whom a business relationship is entered into and acting in order to carry out a commercial activity or an occupational activity for self-employment.

(3)
Any business terms deviating from, contrary to or supplementary to the business terms and conditions set out here, even where these are agreed in full knowledge, do not constitute a part of this contract unless their validity has been agreed expressly beforehand and confirmed in writing.

2. Conclusion of Contract

(1)
All offers are subject to confirmation. The right to make technical and other changes such as changes in shape, color and / or weight is reserved within reasonable appropriateness. In particular, weights and measurements, drawings, explanations, descriptions and diagrams contained in product descriptions are standard industry approximated values and therefore non-binding. The same applies to any delivery deadlines stated.

(2)
Where an item is set up for sale by the seller in an online auction, the offer becomes binding and a contract of sale is concluded when the offer page is activated on eBay. This offer is geared towards the buyer who submits the highest bid during the online auction. The buyer must also fulfill any additional conditions stipulated in the offer. This offer can be accepted during the online auction, the duration of which is determined individually in each case.
By submitting a bid, the buyer accepts this offer. The bid is forfeited if a third party submits a higher bid during the online auction. The official e-Bay time is decisive for measurement of the online auction running time. At the end of the online auction, as determined in each case or, where applicable, its premature end, a contract is concluded between the seller and the buyer that has submitted the highest bid.

(3)
Where an item is set up for sale in an online auction that also includes the "Buy it now" option, the contract between the buyer and the seller becomes effective as soon as the buyer executes this option at the fixed price contained here regardless of the duration of any online auction and without the need for an online auction to be even carried out at all. This option of concluding a contract at a fixed price can only be used providing no bid has so far been submitted for the item.

(4)
If an item is set up for sale using only the fixed price option, the offer becomes binding and a sales contract is concluded at the fixed price as soon as the offer page is activated on eBay. The contract between the buyer and seller becomes effective as soon as the buyer fulfills the conditions contained in the offer, clicks "Buy it now" and confirms the transaction using his eBay password.

(5)
The seller assumes no risk of procurement. The sales contract is concluded on the proviso that the seller reserves the right to render the service either partly or not at all in the case of incorrect or improper delivery on the part of the supplier. This applies only in cases where the seller cannot be held responsible for the non-delivery - particularly where a corresponding substitute transaction has been concluded with suppliers. In cases of unavailability or only partial availability of a service or product, the buyer is to be informed immediately and the counter payment repaid to the buyer without delay.

3. Payment, Delivery and Shipping terms

(1)
Prices stated are gross prices in all cases. They include all price components and taxes, particularly statutory sales tax (VAT).

(2)
All prices exclude packaging, shipping, postage and insurance unless expressly agreed otherwise. Additional delivery and shipping costs, therefore, apply when sending goods both inside the Federal Republic of Germany and to other countries. Buyers are liable for shipping costs from the seller's place of business. The amount depends on the information stated in conjunction with the actual offer. If the buyer expressly requests insurance of goods in transit or where this is stipulated by additional contract terms, the seller is entitled to include the extra costs incurred as a result as a separate item on the buyer's invoice.

(3)
The shipping method may be selected by the seller providing no express agreement otherwise has been made with the buyer.

(4)
Deliveries in part are admissible providing the reasonable needs of the buyer are taken into account.

(5)
With business clients, the risk of accidental damage and deterioration of the item sold passes to the business clients themselves or to an authorized recipient. In the case of mail purchases - including deliveries exclusive of freight charges - this risk passes to a suitable transport person when the goods are dispatched. With private customers, the risk of accidental damage and deterioration of the item sold passes always to the private customer when the goods are handed over. The same applies to the handing over of goods in cases where the buyer delays acceptance.

(6)
Where shipment is delayed by more than two weeks at the request of buyers or through their fault after the seller has notified his or her willingness to dispatch the consignment, the buyer is entitled to calculate a fixed-rate storage charge of 0.3 % of the price of the item to be shipped for each month. The buyer is entitled to provide evidence that the seller has suffered no loss or considerably less loss as a result. The seller is likewise entitled to prove that greater loss has been suffered as a result. This does not affect any other legal rights of the seller.

4. Payment Conditions and Consequences of Delay

(1)
Essentially, buyers must pay in advance. The seller reserves the right to exclude certain payment methods. Ultimately, the information contained on the offer page is definitive in this respect.

(2)
The buyer is obliged to make all payments 10 days after the sales contract becomes effective at the very latest without deductions. The date on which the seller receives the amount is definitive in this respect. Once this period has expired and payment has not been made, the buyer is automatically regarded as being in default of payment without any further statement being required on the part of the seller. During this default of payment period, private customers are obliged to pay interest at a rate of 5 percentage points above the base rate. Business clients are obliged to pay interest at a rate of 8 percentage points above the base rate. The seller reserves the right to prove that greater loss has been suffered due to this delay in payment and bring this claim to bear.