Terms and Conditions of Sale

Drafting of this Contract

These Terms in their present form at the time the order is placed contain the only conditions upon which the supplier,

Daniel Restemeier

Binnerfeld 15a, D-33397 Rietberg
Tel: +49 5244 9753290
E-Mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.
USt-ID Nr.: DE 297 166 148


 will deal with the customer.

With binding order, the customer accepts these General Terms and Conditions, which can be saved and printed from this website at any time. Derogations shall be spoken against.

Contractual Item

This Agreement governs the sale of new goods in the field of optics and mechanics for astronomical observations on the Web presentation of the provider. The details of the particular offer can be found in the product description on the online catalogue presented on the supply site.

Conclusion of contract

The Contract is accomplished in electronic commerce through means of distance communication such as e-mail. The ordering process for contract conclusion comprises the following steps:

·         The customer requests by email or contact form, including a description of the required technical specifications (dimensions, focal length, special requests).

·         The provider submits a quotation after clarification of open questions.

·         The customer confirms in writing his binding order on the terms of the quotation. With conclusion of contract, the first installment of 35% of the total amount must be paid upon receipt of invoice.

·         The second installment of 65% of the total price must be paid after the receipt of the second invoice, which will be sent along a note that the product is ready for shipping. The invoices contain all the information needed for the transfer.

·         The goods will be shipped to the customer after full payment.

 Retention of title

The products remain the property of the supplier until full payment.

Prices, shipping charges, return charges

All prices are final prices and include no German VAT (§ 19 Abs. 1 UstG). This applies for all EU orders as well as outside the EU. Depending on the delivery service additional costs might be incurred, that will be displayed before shipping.

Optics of any kind: Within Germany, the product prices include packing and shipping. The carriage charges for overseas will be calculated and added upon receipt of order; charges depend on weight, size of parcel and delivery location. If there is a right of withdrawal and the customer makes use of this, the customer bears the cost for returning.

Mechanical components and fully assembled optomechanical devices (telescopes): Within Germany, the product prices do not include packing and shipping. The carriage charges for Germany and overseas will be calculated and added upon receipt of order; charges depend on weight, size of parcel and delivery location. If there is a right of withdrawal and the customer makes use of this, the customer bears the cost for returning.

All goods are to be paid for prior to them being dispatched or collected. The first installment is due after ordering and the second payable before shipping the product.

Payment Conditions, Reservation of the Right of withdrawal

With conclusion of contract, a first installment must be paid.

Optics of any kind: 35% of the total price must be paid by the customer upon receipt of invoice. This concerns any type of optics. This installment is due after the supplier sent the partial invoice.  

Mechanical components and fully assembled optomechanical devices (telescopes): 50% of the total price must be paid by the customer upon receipt of invoice. This concerns any type of mechanical components and fully assembled optomechanical devices (telescopes). This installment is due after the supplier sent the partial invoice.

Payment is only possible in advance. Other methods of payment are not available and will be rejected.

The partial invoice is to be paid after its reception. It contains all the information needed for the transfer. The customer is obliged to deposit or transfer the amount stated in the invoice within 14 days after receipt of invoice. Payment is due without deduction after the billing date. The client comes in default only after a reminder.

If the provider is not supplied with the ordered goods by his supplier, the seller is entitled to rescind the contract. The customer will be informed as soon as possible about this circumstance. Payments will be refunded.

Delivery Conditions

The product will be shipped immediately after confirmed receipt of payment and at least three days after confirmed receipt. The supplier ships the product from his own store. In case of delays, the customer will be informed immediately. All products will be delivered by the supplier to the customer's address. 

Warranties

The customer has statutory warranty rights pursuant to the relevant provisions of the Bürgerliches Gesetzbuch  (BGB, Civil Code) for the products and services offered. As far as the contract is different therefrom, the warranty is based on the warranty scheme in this General Terms and Conditions. For entrepreneurs, the warranty period for new goods is limited to one year. In the case of a supplementary performance the supplier can choose between repair and replacement, if the product is a new good and if the customer is an entrepreneur. Claims for damages due to injury to life, body, health, or fundamental contractual obligations which must necessarily be met to achieve the contract’s objectives are excluded. This does as well not apply for damages by grossly negligent or intentional violation of duty of the supplier or his legal representative or agent. This does not affect your statutory rights.

Manufacturing precision optical surfaces, involves many specialized procedures to achieve the high degree of optical precision, some of which occasionally leave surface blemishes on the optic. If there are a few sleeks or scratches on the optics’ surface, or clam-shell marked fractures on the mirror’s rim they in no way effect the performance of the mirror either visually or photographically and cannot be considered as an acceptable reason for any complaint. Small gaps in the reflective coating are occasionally visible due to processing in the polishing and figuring process and therefor a quality mark for just the right thickness of the mirror layer.

 If a defect becomes apparent after the expiry of six months, the customer must prove that the defect existed already at the time of delivery of the product. Customer’s claims due to defects expire after two years.

Custom-made Products

“Custom-made products” means optics and mechanics, which were produced according to customer specifications and which are beyond products offered on the supplier’s website. Optics that differ from standard not more than + -150mm in focal length and / or not more than + -2mm in diameter are counted as standard. Custom-made products are executed on the basis of the technical condition of the supplier. If it becomes apparent during processing, that a custom-made product cannot be completed under the available technical condition, the customer will not be entitled to demand the completion of performance by a third party.

In case the customer withdraws from a work in progress custom-made, he must pay all costs that incurred up to this point, including the compensation of hours worked at request of the supplier. If part of the payment by the customer shall remain unaffected after offsetting the costs incurred, the balance will be refunded to the customer.

Custom-made products are excluded from return and withdrawal (§ 312 d Abs. 4 Nr. 1 BGB).

Contractual Design

the customer is an entrepreneur, the risk of accidental loss and / or accidental damage to the goods passes to the customer at the time of handover. In case of shipping, this risk passes to the customer at the time of delivery by the contracted shipping company.

The customer does not have the opportunity to directly access the stored text of the contract.


Notice of revocation rights

Revocation rights
You have the right to revoke this contract without giving a reason in text form (e.g. postal letter, email) within fourteen days. You may use the revocation form which is attached to the delivery but which is not mandatory. Revocations are to be submitted to Daniel Restemeier, Binnerfeld 15a, 33397 Rietberg, +49 5244 9753290, This email address is being protected from spambots. You need JavaScript enabled to view it..

The deadline takes effect:

·         In the case of a sales contract: on the date you or a third party you commissioned (who is not the shipping company) have taken final possession of the product.

·         In the case of a contract for several goods ordered under a single order and are supplied separately: on the date you or a third party you commissioned (who is not the shipping company) have taken final possession of the last product of this order.

·         In the case of a contract for the delivery of a product consisting of multiple lots or pieces: on the date you or a third party you commissioned (who is not the shipping company) have taken final possession of the last part consignment or piece of this order.

·         In the case of a contract for regular delivery of products during a specified period of time: on the date you or a third party you commissioned (who is not the shipping company) have taken final possession of the first product of this order.

·         In the case of coincidence of more than one named option the most recent date shall prevail.

To keep of this term it is sufficient that you communicate the exercise of the revocation right before the expiration of the deadline.

Revocation consequences

In the event of a valid revocation, the amounts actually paid including shipping charges are to be returned immediately, at the latest within fourteen days from the date on which the notification of your revocation has been received. This does not apply for any additional costs arising from the fact that you chose a delivery other than our standard shipping. For repayment, we use the method of payment of the original transaction, unless you expressly agreed otherwise. In no account you will be charged fees because of this repayment. You have to return the products immediately; at the latest within fourteen days from the date you communicated the exercise of the revocation right, to Daniel Restemeier, Binnerfeld 15a, 33397 Rietberg.

We may withhold repayment until we have received the returned products, or until you have provided evidence that you have returned the products - whichever is the earlier. This term is kept if the products are dispatched within fourteen days. You pay the direct costs for returning the products. You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of state, properties, and functionality.

Custom-made Products are excluded from revocation and return (§ 312d Abs. 4 Nr. 1 German Civil Code[ BGB])

End of the notice of revocation rights.

Disclaimer

Customer claims for damages are excluded, unless otherwise stated. This also applies for representatives and agents of the supplier, if the customer claims for damages against them. Claims for damages due to injury to life, body, health, or fundamental contractual obligations which must necessarily be met to achieve the contract’s objectives are excluded. Likewise, this does not apply to claims for damages by gross negligence or intentional delinquency of the supplier or his legal representative or his assistants.

Ban on assignment, and pledging

Claims or rights of the customer against the supplier must not be assigned or pledged without his consent, unless the customer has verified a legitimate interest in the assignment or pledge.

Language, court of jurisdiction, applicable law

The contract will be drawn up in German. The further implementation of the contractual relationship takes place in German. Only the law of the Federal Republic of Germany applies mutatis mutandis. For consumers, this only applies insofar as no legal provisions of the country in which the customer has his domicile or habitual residence are restricted. Jurisdiction for disputes with customers who are not consumers, legal entities under public law, or special fund under public law, the registered office of the provider.

Privacy

The provider collects, stores, and uses personal data for processing orders of a sale contract based on these terms and conditions. This is done within the framework of existing legislation. The provider does not share, sell, trade or rent your personal data to others, unless he is legally obliged to do, or the customer has expressly consented. If the provider retains a third party with the processing procedures, the terms of the Bundesdatenschutzgesetz obtain. The information communicated by the customer by way of order will only be processed for contact purposes within processing the contract and only for the purpose for which the customer has made the data available. Your data will be passed to the shipping company only as far as necessary for the delivery. Your payment data will be passed to the mandated bank. Unless the provider is subject to retention periods set by commercial law or fiscal law, some data could be stored up to ten years. The customer can ask for deletion, correction, or blocking of his personal data in accordance with established law. The customer can also ask for free information about all stored and used personal data.

For any questions and for requests for cancellation, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Daniel Restemeier, Binnerfeld 15a, 33397 Rietberg, +49 5244 9753290, This email address is being protected from spambots. You need JavaScript enabled to view it. .

Severability Clause

If any provision of a Contract is determined by any relevant court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect.

 

Recently modified: Sep 01, 2016