Terms of Trade for transborder business

1 - General

The acceptance of these terms of sale shall be compulsory for both the purchaser (hereinafter, CUSTOMER) and the seller, CHILL OUT (hereinafter, CHILL OUT).

Confirmation by post, telephone, fax, electronic mail, or from our web page, of an order placed by CUSTOMER implies CUSTOMER's agreement with these general terms of sale. No condition stipulated by CUSTOMER shall override the terms set forth herein unless previously and expressly accepted in writing by CHILL OUT

2 - Orders

Orders may be placed by any of the following means: conventional post, telephone, fax, electronic mail, or from the forms on our web page. No order will be considered final until CHILL OUT has received all the identifying particulars of CUSTOMER permitting the product to be despatched without any doubt, together with the payment and forwarding option elected by CUSTOMER. Orders to be sent to P.O. box numbers will not be admitted.

3 - Prices

The prices invoiced to CUSTOMER for the products forwarded shall be those specified in the advertising, web page, etc., of CHILL OUT as of the date on which the order is placed. The sale and purchase is therefore concluded in Augsburg (Germany).

4 - Delivery

1 - The delivery and sale of our products is deemed to take place at the warehouses of CHILL OUT in Augsburg (Germany), even though the forwarding costs may be prepaid by CHILL OUT and subsequently included separately on the invoice, depending on the option elected by CUSTOMER for forwarding. Delivery is therefore made with forwarding costs for CUSTOMER's account.

2 - CHILL OUT warrants that all its products are despatched form its warehouses in a perfect condition, checked, tested and suitably packaged to reach CUSTOMER without any defect or flaw. It is CUSTOMER's responsibility to check the products upon receipt and make any reservations, objections and claims that he considers justified, such as damage to the external packaging, which claims should be addressed to the carrier upon delivery, both if CUSTOMER accepts the product and if he rejects it on grounds of manifest and evident damage. He may also address these claims at the same time to CHILL OUT, by any means, in order that we may in turn claim from the carrier and, if necessary, send CUSTOMER a replacement product as soon as possible. This notification to CHILL OUT must necessarily be accompanied by the prior claim to the carrier.

5 - Reservation of title

CHILL OUT expressly reserves the title to the products forwarded until payment in full of the sale price, forwarding costs and taxes agreed in the order and stated on the invoice. Consequently, payment shall not be deemed to have been made until such amounts are paid into a bank account of CHILL OUT or through a credit card transaction.
Title to the goods will therefore pass to CUSTOMER at such time as this payment is made.

6 - Terms of payment

Payment of the products may be made by any of the following methods:
- credit card
- bank wire transfer, cash in forward

7 - Return Policy

Within 7 days of receipt it´s possible to return an order or parts of it to CHILL OUT, during which time CUSTOMER may submit his claims by any of the following means: post, telephone, fax or electronic mail.

Under this return policy CHILL OUT is only bound to refund the product  returned to CHILL OUT, and therefore any return must be previously accepted by CHILL OUT. In any event, the product must be returned in its original packaging and in full package volume.
In case of exchange/sending back etc. postage will not be refund.

8 - Recommendations of use

Our products ARE NOT TOYS AND SHOULD NOT BE HANDLED BY PERSONS UNDER THE AGE OF 14 YEARS, since they contain small parts that can be swallowed, points, sharp edges, etc. CHILL OUT is not responsible for any damage or injury occured by the wrong use of purchased products.

9 - Courts and jurisdiction

By the fact of acquiring the product CUSTOMER agrees, with the waiver of any other jurisdiction to which he might be entitled, to submit to the Courts and Tribunals of Augsburg, Germany, for the settlement of any disputes.

10 - Data protection

CHILL OUT guarantees that the data furnished by its CUSTOMERS are confidential, will on no account be disclosed to third parties or firms.

11 - Security in Internet transactions

When CUSTOMER enters the pages on which he has to supply his credit card- data, he is entering a secure server equipped with the SSL system, which encrypts all credit card information so that it cannot be read by third parties while the data are being transferred from CUSTOMER's computer to that of CHILL OUT.

CHILL OUT, aware of the importance of security in transactions of this type, always includes among its options the latest technologies made available by the various credit institutions from time to time, such as payment gateways, SET protocols, etc., and any others that may in the future increase and enhance this type of trade and customer confidence.

12 - Registered office

For any communication, CUSTOMERS may contact:

CHILL OUT
Richard Grabler
Friedberger Str. 116
D - 86163 Augsburg
Telefon: (+ 49) 821 667509
Telefax : (+ 49) 821 668714
e-mail : info@chill-out.net

Allgemeine Geschäftsbedingungen - valid for Germany only, no translation available -