Operator of the internet shop as well as contractual partner in case of orders for goods offered in the shop is the Performance Merchandising GmbH who is responsible for the contents regarding press rights.  The company’s registered office is located in Ludwigsburg.

Address:
Performance Merchandising GmbH
Königsallee 43
71638 Ludwigsburg.
Tax no.: 71344/00735
VAT no.:  DE814232916

For all correspondence, complaints etc. please contact our service centre, either by
e-mail orders@performance-merchandising.de or by  fax no. 0180 - 5 009092 (0.12 €/min.)


§1 Validity of Terms
All deliveries, services and offers of  Performance Merchandising GmbH are subject to these terms and  conditions. We explicitly refuse the validity of  other general terms and conditions . This also applies if the buyer confirms an offer of  Performance Merchandising GmbH with reference to his terms resp. purchasing conditions. Variations of these terms and conditions are effective only if confirmed by Performance Merchandising GmbH in writing.

§2 Order and Contract Conclusion
All offers for products in this internet shop are without engagement and non-binding. The order is a binding offer. The contract is concluded when the seller accepts the order within
2 weeks or delivers the goods ordered. Orders are possible only if availability of  products is confirmed. Articles  marked “presently out of stock” can be re-ordered at a later date. In case products of  Performance Merchandising GmbH are no longer available contrary to the information given in the internet shop, Performance Merchandising GmbH will inform the customer accordingly. In this case, a contract does not become effective and the customer has no claims against Performance Merchandising GmbH.

§3 Minimum Order Value and Partial Shipping Costs
There is no minimum order value. Costs of shipment and packing are EURO 5.50 for a delivery within Germany and EURO  10.-- for a delivery within Europe (per order – independent of order value and quantity).

§4 Right to Revocation and Return
You are entitled to revoke your order according to Sections 312d, 355 of the German Civil Code. That means that you are not longer bound to the contract if you send us a notice of revocation (in writing on a permanent data medium) or send back the goods within 14 days of receiving the goods. Giving reasons for the revocation is not necessary. The time limit is observed by sending off the revocation or the goods in due time. You have to bear the costs for the return of the goods if the value of the goods does not exceed EUR 40.--. Your payments will be refunded immediately. We may ask for compensation for the use of the goods until revocation. You have to compensate us for a loss of value occurred through the regular use of the goods, if you had the possibility to avoid it. If the loss of value is caused only by inspection of the goods, no compensation is required. Please send your notice of revocation to:

C’MON! Collection
Performance Merchandising GmbH
Bestellservice-Logistik; PVS GmbH
Werner Haas Str. 5
74172 Neckarsulm

§5 Delivery and Returns
Goods are delivered only by insured parcel post through Deutsche Post AG  resp. forwarding agencies  cooperating with Performance Merchandising GmbH. For returned goods customer receives a credit note. Requested article is to be ordered newly as usual. If customer pays against invoice, we will offset returned goods with due amounts of the according invoice or another invoice still due. Otherwise, we will send a cheque.

§6 Warranty/Guarantee Conditions
Warranty period is 2 years and starts with delivery of the goods.

§7 Prices and Payment
Prices are valid ex place of performance, excluding packing, insurance and shipment. Prices of goods are quoted in EURO plus statutory value-added tax . Delivery is effected against cash on delivery (only within Germany), payment in advance on our account no. 154418701 with Postbank Stuttgart , bank code 60010070, or payment by credit card which requires credit card number and validity.

§8 Offset, Retention
The customer can only offset counter claims when these are legally ascertained or accepted by Performance Merchandising GmbH. Moreover, the customer can only enforce a right of retention providing it is based on claims arising from the sales contract.

§9 Retention of Title, Limitation of Liability
Goods sold remain the property of the seller until the complete obligations regarding the delivery have been fulfilled with Performance Merchandising GmbH.

Liability Limitations
All prices, equipment details and illustrations found on the website of Performance Merchandising GmbH are non-binding. Although the website has been created with the utmost accuracy, Performance Merchandising GmbH cannot guarantee that the information provided on the website is free of errors or inaccuracies. In no event shall Performance Merchandising GmbH be liable for damages resulting from direct or indirect use of the website, unless caused by gross negligence of Performance Merchandising GmbH. In case of minor negligence, Performance Merchandising GmbH is liable only if an essential duty is neglected. Indemnification is limited to foreseeable losses.

§10 Place of Performance, Place of Venue and Choice of Law
Place of performance for deliveries and services is D-71638 Ludwigsburg. Place of venue and jurisdiction is Ludwigsburg if the customer is a merchant or has no general place of  jurisdiction within Germany. Exclusively German law is applicable.

Revised: July 2006