General trading conditions (AGB)

Conditions: May 2009

§ 1. (general regulations and area of application)
(1) the following terms of sale for the entire over on-line shop under that URL

http://www.glow-side.com/

justified business relation between that

Glow Side.com
Inh.: Dieter Nett
Hauptstr. 14
D - 56630 Kretz

Tel.: +49 (0) 2632 - 70 75 51
Fax: +49 (0) 2632 - 72 280
email: info [AT] glowside.de

USt IdNr.: DE 812518420

(in the following „Glow Side “or „salesmen “).

(2) customers in the sense of the here available AGB are both consumers and entrepreneurs. Consumer is each natural person, who locks a legal transaction for a purpose, which can be added neither to its commercial nor its independent vocational activity. Entrepreneur is against it each natural or legal entity or a legally responsible unincorporated firm, who acts at the time of conclusion of a legal transaction in practice of its commercial or independent vocational activity.

(3) the relations between the Contracting Parties regulate themselves after the right valid in the Federal Republic of Germany. With consumers, i.e. persons, that over the supply of mobile things for a purpose lock contracts, which cannot be added to the vocational or commercial activity of the consumer, are valid this right choice only to that extent, when the granted protection is not withdrawed by compelling regulations of the right of the state, in which the consumer has his usual stay.

(4) the regulations of the convention of the United Nations over contracts over the international goods purchase (= UN-Kaufrecht) do not apply.

§ 2. (contract conclusion in on-line shop)

(1) the contract comes off under in the exp. 2 to 5 of this regulation the conditions specified.

(2) the products and achievements specified within on-line shop do not represent offers binding Glow Side; it concerns rather the request at the customers to make a binding offer by delivery of an order.

(3) by sending off of the order from „the virtual Warenkorb “deliver the customer an obligatory order over in this contained article. Glow Side will confirm the entrance of this order immediately by email.

(4) the sales contract comes off with the express acceptance of the order or distribution of the commodity by Glow Side. As confirmation of order from there also the delivery note and/or the invoice is considered in case of immediate order execution. To that extent Glow Side is justified in each case to accept the contract offer of the customer within 3 (three) working-days after receipt the order.

(5) the Glow Side does not take over a procurement risk. The contract conclusion takes place under the reservation not to only partly carry out in case of more correctly or not normal self supply via suppliers, not or. The responsibility of the Glow Side for resolution or negligence in accordance with condition of § 11 this AGB remains of it untouched. In the case of the unavailability or the only partial availability of the achievement the Glow Side will inform the customer immediately; in the case of the resignation the return is returned immediately at the customers.

(6) the contract text is stored; it is callable over the internal Kundenbereich further after sending off of the order. The Login is made directly by the Shopseite from Glow Side (http://www.glow-side.com/) under indication of the user name as well as a password determined before.

§ 3. (return right and - follow)

A return right is entitled to the consumer in accordance with condition of the following instruction regarding the bought articles:
(1) consumer the received commodity without indication of reasons within one month by return of the commodity. Only with commodity not package-capable of being shipped (e.g. at bulky goods) the return can be explained also by cancelling demands in text form, thus e.g. by letter, fax or email. The period begins at the earliest with the time, at which this instruction was communicated in text form, not however the day ago of the entrance of the goods delivery with the consumer; with the computation of the period will the day, communicated to that the return instruction in text form is not taken into account and/or the day of the entrance of the goods delivery with the consumer. In each case the return takes place at the expense and danger of the entrepreneur.

(2) for the keeping of the period are sufficient the punctual sending off of the commodity or the cancelling demand. With cancelling demands the commodity is fetched with you. The return or the cancelling demand wears to take place:

Glow Side - Inh.: Dieter Nett - Hauptstr. 14
D - 56630 Kretz

Fax: +49 (0) 2632 - 72 280 / email: info. [AT] glowside.de

(3) the return right does not exist accordingly § 312 D exp. 4 BGB among other things with contracts for the supply of goods, which are made after Kundenspezifikation or clearly are cut to the personal needs or which are not suitable for a return due to their condition or fast to spoil to be able or their expiration date was exceeded. To be published

(4) in case of an effective return are the mutually received achievements back to be granted and if necessary pulled uses (e.g. customs advantages). If the consumer cannot refund the received commodity totally or partly or only in worsened condition, it must carry to that extent if necessary indemnification according to value out. This is not valid, if the degradation of the thing exclusive on their examination - as she would have been possible for instance in the Ladengeschäft - to lead back is. In all other respects the consumer can avoid the indemnification according to value obligation, by taking the commodity not like an owner in use and omitting everything, which impairs their value.

§ 4. (prices, supply and forwarding expenses)

(1) the prices stated by Glow Side in the offers in on-line shop as end prices, i.e. they contain all Preisbestandteile including resulting taxes. On the other hand further taxes (e.g. in case of an acquisition within the community) and/or deliveries (e.g. tariffs) from the customer can have in individual cases to be paid to in the case of transnational supplies.

(2) the resulting cost of insurance, packing and dispatch are not contained in the purchase price. Their amount depends on the respective concrete offer and the data given therein to the dispatch and separately in calculation is placed.

(3) the customer are the payment possibilities specified in the respective concrete offer at the disposal, among other things to bank credit transfer, cash payment during agreed upon collection. As far as something else one did not agree upon, the customer is regarding the payment of the purchase price zzgl. any resulting supply and forwarding expenses payment in advance requiring.

§ 5. (remuneration and terms of payment)

(1) the customer has at the latest 10 (ten) days after receipt of summons to pay the purchase price zzgl. any supply and forwarding expenses pay. For the timeliness of the payment the time of the receipt is relevant for the unreserved order for the salesman. To unsuccessful operational sequence of the due date the customer without further explanation comes on the part of Glow Side into delay of payment.

(2) a consumer has the money debt during the delay at a value of 5 per cent points over the basis interest rate to pay interest on.

(3) an entrepreneur has during the delay the money debt at a value of 8 per cent points over the basis interest rate to pay interest on. The right to prove and make a higher interest damage valid, remains reserving.

§ 6. (retention of title)

(1) with contracts with consumers reserves itself Glow Side the property at sold things up to the complete payment of the purchase price; with contracts with entrepreneurs Glow Side the property at the commodity up to the complete payment of all demands from a current business relation keeps itself forwards (reservation commodity).

(2) while the retention of title is the customer obligated to treat the reservation commodity pfleglich to communicate access third to the reservation commodity - e.g. in case of a seizing - as well as any damages or the destruction of these immediately and to make all information and documents available, which are necessary for the keeping of the rights of the Glow Side, furthermore enforcement officer and/or third to the strange property to refer as well as a change of ownership of the commodity and the own domicile change immediately to indicate.

§ 7. (set-off, right of lien)

(1) the customer can only on such demands up-count, which are undisputed or validly determined.

(2) for the practice of the right of lien are authorized the customer only if its counterclaim from the same contractual relation comes of.

§ 8. (supply and shipping terms, passage of the risk)

(1) the supply of the commodity taken place in principle - if nothing else agrees upon actual against Vorauskasse and on that transit periods and exclusive as insured dispatch. This takes place usually within 3 (three) to 5 (five) working-days after receipt the complete purchase price plus any supply and forwarding expenses with Glow Side.

(2) the customer insured with its order the correct and complete ship-to-address to have deposited. If it should come due to incorrect address data to additional costs with dispatching - about again resulting forwarding expenses or costs of Rücklastschriften -, then the customer has to replace these.

(3) the danger of the coincidental fall and the coincidental degradation of the commodity turn into with the dispatching purchase with the delivery of the purchase thing at the customers, if the customer is consumer. If the customer is an entrepreneur, the danger of the coincidental fall and the coincidental degradation of the commodity turns into on it, as soon as the transmission was handed over to the person implementing for transport. It stands for the delivery directly, if the customer is in the default of acceptance.

§ 9. (guarantee and guarantee conditions)

(1) guarantee and warranty grants Glow Side in accordance with condition of the following sales. Any inquiries and/or objections of any kind are to be addressed to Glow Side over the contact contacts stated in § 1 of these contractual conditions.

(2) with damage, which resulted from inappropriate treatment or use of the commodity by the customer, does not exist a guarantee. Same is valid for a so-called intended wear. The customer is generally entitled to let available lack themselves eliminate or through third without previous and express agreement on the part of Glow Side ().

(3) so far a lack of the commodity is present, is entitled to the consumer first a Nacherfüllungsanspruch. The consumer can select to that extent between the removal of the lack or the supply of a faultless thing. The Glow Side remains however justified for the refusal of the selected kind of the Nacherfüllung, if this is possible to disproportionate costs only and the other kind of the Nacherfüllung without substantial disadvantages for the consumer remains. Opposite an entrepreneur the Nacherfüllung takes place after choice of the Glow Side via removal of the lack or via replacement.

(4) are missed the Nacherfüllung can the consumer the laws for its choice reduction of the purchase price (decrease) require accordingly, which explain cancellation of the contract, payment of damages or replacement of futile expenditures to require. If it requires payment of damages or substitution of futile expenditures, the limitations of liability are valid after § 11 this AGB.

(5) entrepreneurs have within 2 (two) weeks starting from receipt to the commodity obvious lack of the commodity in writing opposite Glow Side indicate, otherwise one warranty claims are impossible. For keeping the punctual sending off of the notice of defects meets the period.

(6) the period of limitation for the rights of a consumer amounts to with lack of the thing of 2 (two) years, for the rights of an entrepreneur 1 () year - in each case starting from delivery of the commodity. With these periods connected reliefrelief relief is not valid, as far as Glow Side clings after § 11 this AGB or it concerns the material right third, due to whose the publication of the delivery article to be required can.

(7) the bare presentation of the articles in on-line shop is to be regarded in principle as pure performance specification. The Glow Side gives own warranties only, if this results from the description of article expressly. Declarations of guarantee third, in particular manufacturer warranties, remain of it untouched.

§ 10. (transport damages)

(1) the commodity delivered by the transport enterprise is after receipt in the presence of the Zustellers for its completeness and soundness to be examined immediately.

(2) if obvious damage to be determined are, these are to be indicated to the transport enterprise immediately. In this case the customer commits itself to note and from the Zusteller acknowledged have these damage on respective shipping documents; the packing is to be kept.

(3) during partial loss or the damage of the commodity, which was not recognizable in the packed condition, has the customer this Glow Side within 5 days after delivery or however at least within 7 days after delivery to the transport enterprise to indicate, in order to grant in such a way that any requirements are made in time valid in relation to the transport enterprise.

(4) any rights and requirements of the customer - in particular the legal rights of the buyer with lack of the purchase thing - remain of  § 10 this AGB untouched.

§ 11. (Adhesion)

(1) according to the legal regulations is responsible to Glow Side for damage from the injury of the life, the body or the health, those on a negligent or deliberate obligation injury are based for other damage, which is based on a roughly negligent or deliberate obligation injury as well as bad cunning, without reservation.

(2) are responsible to Glow Side without reservation beyond that for damage, which is covered by the adhesion according to compelling laws, as for instance the product liability law, or if and so far a warranty for a condition of the thing were taken over or but that the thing keeps a certain condition for a certain duration, by Glow Side.

(3) for damage, which is caused by simple or easy negligence, clings to Glow Side, as far as this negligence concerns the injury of such contract obligations, whose fulfillment makes possible the proper execution of the contract at all only and on their observance the customer regularly trust may (so-called cardinal obligations). The adhesion of Glow Side is limited to the foreseeable, contract-typical damage.

(4) in case of easily negligent injuries of such contract obligations, those not by paragraph 3 to be seized (so-called insignificant contract obligations) cling to Glow Side opposite consumers - this however limits to the foreseeable, contract-typical damage.

(5) a large adhesion actual without consideration for the right nature of the validly made requirement - impossible.

§ 12. (Area of jurisdiction)

If the customer is an entrepreneur and if it does not have general court conditions in Germany or if the domicile or the usual stay is not at the time the complaint collection well-known, exclusive area of jurisdiction for all disputes from the present Treaty is the registered place of business of Glow Side. The power to call the court at another legal area of jurisdiction remains untouched by it.