Conditions of Use

Terms of trade

§ 1 General, scope, goods
The following terms of trade are valid for the entire business relations with our costumers of the mail-order trade at present and in future. The terms of trade regulate the terms of contract between STRATAGEM®, ( as registered brand of the company Markus Jahn, Strelitzer Straße 57 in 10115 Berlin, represented by the managing director M. Jahn, Tel. +49(30)81013781 Fax: +49(30)81013781, E-Mail: vertrieb@stratagem-taktik.de) and the natural and legal entity, who use the internet offer of STRATAGEM®, even if we do not refer on them particularly. Conditions of the partner to a contract which differ will not be part of the contract. All goods will be delivered particularly in the quantities and qualities as given in the internet offer. Changes in shape, color and weight will be reserved and will stay in the framework of the expectable.

§ 2 Completion of a contract
The offer of STRATAGEM® in the internet is a not binding request to the costumer to order goods at STRATAGEM®. By ordering the wished goods in the internet ( www.stratagem-taktik.de ), by Email ( info@stratagem-taktik.de ) or by Fax ( +49 (0)30 810 137 82 ) the costumer gives a binding offer of concluding a sales contract. The decision to accept your offer will be reserved by STRATAGEM®. In case of misunderstanding, STRATAGEM® will present a counter offer to the costumer to decide on free. Similar restrictions we reserve in case of ordering trade unusual quantities. The completion of a contract takes place by sending the invoice or by delivering the good the latest. The completion of a contract takes place under the reservation of a correct supply by our deliverers. If a part of the supply will not be available immediately it will be supplied at the moment the part will be available. In case of an unavailability of goods we particularly keep the right to withdraw from the contract. STRATAGEM® will inform the costumer immediately in case of unavailability of goods. Already done benefits of the costumer will be reimbursed immediately. In case of no delivery even in fact of an act of God a bilateral right of withdrawal exists at the end of three month at the latest. STRATAGEM is entitled to split up deliveries.

§ 3 Cancellation
The consumer has the right to give back the good and withdraw from the contract within a period of two weeks after receipt. Authoritative to keep the deadline is the proof of receipt of the sender. To keep the deadline it is sufficient to send the good in due time to one of the contact data named under §1.
Cancellation consequences:
In case of an effective cancellation the on both sides received benefits have to be given back and if need be received use ( for example interest ) to be returned. The good has to be given back undamaged and completely in original packing. Various ways of testing go for the use of the good. Such kind of good could not be given back or cancelled. If the value of the good will be under 40 Euro the costumer will bear the costs for return. He is also liable for the decline or the impossibility of return of the good. By deterioration of the good an appropriate value replacement has to be provided. The duty of providing a value replacement could be avoided if the costumer in doubt does not make use of the good as its property and refrains from doing everything what might reduce the value oft he good.
The replacement could set of against with the claim of the costumer.
Goods made or modified after costumers specifications as well as goods which were obtained on costumers wish and are not part of our supply can not be exchanged. For an exchange please send us the parcel at your cost, we will carry the shipping cost for the return to you. We do not accept return parcel with postage fee unpaid.

§ 4 Payment
Terms of payment
The payment of the goods takes place by cash in advance or Paypal.
Payments by cash in advance should be direct towards our bank account:

financial institution:

Deutsche Bank Berlin
STRATAGEM®
Kto.-Nr.: 1124502
BLZ: 10070024
IBAN: DE05100700240112450200
BIC / SWIFT: DEUTDEDBBER

or by Paypal to

bank@stratagem-taktik.de

To make easier the assignment of the payment please always give the invoice number or order number respectively and your customer number as purpose.The payment by cash in advance has to be made within 14 days from receipt of the invoice. Authoritative is the receipt of the payment at STRATAGEM®. If we do not register the receipt of the payment within this period your order will be canceled automatically and free. All payments are net without cash discount or similar discounts. If the good will be send by cash on delivery the arrears will arise by not acceptance oft he delivery. The consumer has to bear interest at 5 % above the basis rate of interest during the delay. If the costumer is deliberate or rough negligent in delay by acceptance of the object of purchase delivered by cash on delivery we are legitimated to withdraw from the contract or demand compensation because of non-fulfillment, after fixing an extension of 14 days. There is no need to fix an extension if the costumer declines the acceptance seriously and definitely or if he is obviously not able to pay the selling price within this period. In case of delay of acceptance or payment by the costumer we are able to demand 20 % of the net selling price, regardless the ability to assert a higher actual damage, for the costs of handling the order and for the missed profit. The costumer reserves the proof of a lower damage. This even counts at illegitimated withdrawal of the costumer. A settling of account by counter-claims which are not final is impossible. For authorities usual terms of business traffic are valid, payment by invoice is possible if you will confirm your order by postal service or via Fax on your official letter-head with stamp and signature.
We only accept other kinds of payment after previous agreement in written.

§ 5 Delivery and packing
The delivery takes place by shipping the good to the by customer named address.
Goods which are in stock will be shipped within 5 working days after acceptance of the order. If the good is paid by cash in advance the delivery takes place after entire receipt of the payment. STRATAGEM® is entitled to split up deliveries. Additional delivery costs caused by split up deliveries bear STRATAGEM®. STRATAGEM® keeps the ownership of all goods till the entire receipt of the payment. If the order amount will be more than 250.00 Euro the delivery will be free of shipping costs within Germany, this does not count for commercial or official costumers. For all deliveries costs the shipping cost of the actual charges order of DHL and UPS plus packing costs are valid. Other shipping options as well as deliveries abroad just will be accepted after previous agreement in written between STRATAGEM® and the costumer.

§ 6 Reservation of proprietary rights
STRATAGEM® keeps the ownership of all goods till the entire receipt of the payment. Prior to assignment of the ownership a mortgage, a safeguarding transfer, processing or demodulation without particular agreement of STRATAGEM® is not allowed. The costumer is committed to treat the good careful. If maintenances or inspections are necessary the costumer has to bear them regularly on his own costs. The costumer is permitted to inform us immediately in case of access of thirds on the goods, for example in case of distraint, as well as possible damages or destruction. A change of ownership of the good as well as the change of address has to be reported immediately by the costumer. If the costumer is a entrepreneur he is legitimated, to resell the objects of delivery within decent business errand. He already transfers us now every claims in an amount of the, between us and the costumer, agreed selling price (tax included) irrespective of the fact if the objects of delivery will be resold without or after revision. The costumer is authorized to collect these claims after they have been transferred. Our authorization to collect the claims by ourselves stays untouched by this. However we commit ourselves to not collect the claims as long as the costumer follows its liabilities to pay according to the rules and das long as he is not in arrears.ist. If this is not the case we are able to demand that the costumer announces the transferred claims and their debtor, does all required details which are needed for collection, hands over the required documents and informs the debtor ( third ) about the transfer of the claim.

§ 7 Prices
The given price within the web shop is the final price including legal value added tax und other components as insurance or similar. The price does not contain additional costs for packing and shipment. The given prices exclusively are valid for the offer within the internet. If not mentioned differently the prices only refer to the described offer and to the content, accessories and decoration. Authorities and companies may receive special conditions after arrangement.

§ 8 Guarantee
STRATAGEM® ensures that the good will be free of defects on delivery. The guarantee occurs after legal regulations. STRATAGEM® keeps the right of repeated delivery or improvement in case of fault. A replacement delivery could be denied if it is just feasible by disproportionately costs. If the improvement fails even at the second attempt or if the replaced good is defective as well, the costumer is able to withdraw from the contract or reduce the selling price. The good has to be checked immediately on defects at delivery. Discerned defects have to be announced within a period of 5 days from the receipt of the good. Delayed reports lead to the loss of any claim of guarantee. Hidden defects have to be reported immediately after they get known. If a defect occurs later then 6 month from handing over the costumer has to proof that the good was defect in the moment of handing over. Reports of defects have to be done in written. The defect has do be described precisely. A claim of guarantee will be declined for a defect which was caused by improper or above-average use of the good. The lapse of the claim of guarantee and the claim of compensation fit in the legal period.

§ 9 Delivery damages
Shipments with obvious damages at the packing or the content which were delivered to the costumer, have to be queried at the forwarding agent. The acceptance has to be denied or rather the damage has to be confirmed by the forwarding agent in written. Delivery damages have to be reported STRATAGEM® in written within a period of 5 days after receipt.

§ 10 Limitation on liability
For all other damages as aroused by injuring of life, body and health STRATAGEM® is liable only thus far as these damages are based on premeditated or rough negligent behavior. For the slight negligent injuring of duties we exclude every liability or confine it in the amount on the typical foreseeable damage. Similar is valid for the liability of our fulfillment helpers. A liability after the Produkthaftungsgesetz stays untouched by this.

§ 11 Data protection
All personal data which are necessary to fulfill the order will be stored in machine readable form and will be treated confidentially in the framework of the valid data protection regulations. The raised data will be used exclusively to completion the order. If wished we will send means of advertisement (catalogue, advertising leaflet, newsletter) to the by you given address. The delivery of means of advertisement could be revoked at any time. The costumer is able to question his data or contradict in written the use of his data as well as having them erased any time.

§ 12 Final regulations
If some regulations of the contract between us and the client including these terms of trade should be or will be void entire or partly, or if a loophole is within it, the validity of the remaining regulations stays untouched by this. If the costumer is a fully qualified trader, a body corporate of the public law or a special fortune under public law, all cases of issue resulting from the contract the proceeding has to be instituted at the court which is having jurisdiction for our main place of business and legal seat. We are also entitled to sue at the main seat oft he costumer.