Terms and conditions

(as per May 3rd, 2008)

§1 General information

For all business realtion between Sakkara GmbH and purchaser (client) following valid Terms and Conditions of Sales will be agreed upon explicitely. All other agreements and supplementary conditions will not be accepted by Sakkara GmbH, unless Sakkara GmbH confirmed same in writing.

§2 Prices

All prices of Sakkara print catalog / online shop are stated in EURO including current legal VAT.

Price lists for special client groups (e.g. merchants) may vary.

§3 Terms of payment

The choice is yours: choose amid direct debiting, credit card payment, cash-on-delivery and advance payment..

Should a direct debit or credit card payment be rescinded by bank or credit card company because of credit balance - or should unjustified objections be made by the client or incorrect data be stated, the client has to pay for all fees involved as well as for default interest.

Billing and data security

Method of payment notwithstanding, a detailed invoice will be included to each consignment.

For your own safety all data will be transmitted through secured SSL-protocol!

Information on method of payment / settlement / default:

direct debit: 21 days term of payment, 2% discount*
credit card payment: debiting on day of dispatch
cash-on-delivery: in addition to postage a C.O.D.-fee of currently 5,60 Euro will be added. Payment will be done in cash to the delivery man when receiving the parcel.
advance payment: we advise our international customers in general to use credit card payment, as this method is easy when refunding returns or sending back orders. Should this not be possible, please remit on one of the accounts stated hereafter:

Germany
Volksbank Baden-Baden Rastatt e.G.
account no.: 65550008
routing no.: 66290000
IBAN: DE02662900000065550008
BIC: VBRADE6KXXX

Switzerland
Postfinance
account no.: 40 - 697179-8
S.W.I.F.T.: PIFICHBE
IBAN: CH86 0900 0000 4069 7179 8
BIC: POFICHBEXXX

Austria
Oberbank - 3 Bankengruppe
account no.: 611- 8032.97
routing no.: 15000
IBAN: AT79 1500 0006 1180 3297
BIC: OBKLAT2L

*Should a direct debit be rescinded or should unjustified objections be made by the client, he/she has to pay for all fees involved as well as for default interest.

Reservation of title

Until full settlement of all titles against the purchaser, property of goods delivered remains with Sakkara GmbH.

§4 Retention of title

Until full settlement of all titles against the client, property of goods delivered remains with Sakkara GmbH.

Der Besteller ist im Übrigen verpflichtet die Kaufsache pfleglich zu behandeln solange das Eigentum noch nicht auf ihn übergegangen ist.

§5 Conlcusion of contract / rescission

Description of items in either print catalog and/or onlineshop of Sakkara GmbH are only for information of customers. It's not a quotation for conclusion of contract in the sense of German Civil Code § 145. Contractory obligations, e.g. in the sens of a guaranty of delivery, are not yet mandatory for Sakkara GmbH at this point.

By sending an order to Sakkara GmbH, the customer states a binding quotation for conclusion of contract. Should individual specifications be faulty on the website or in the print catalog, Messrs. Sakkara GmbH will inform the client accordingly after receipt of order. Sakkara GmbH will submit a counter offer for this type of merchandise.

Conclusion of contract with Messrs. Sakkara GmbH will only be realized, when Messrs. Sakkara GmbH accept the client's offer. A separate declarqation of Messrs Sakkara GmbH towards the client will not be necessary.
Messrs. is also entitled to rescind the contract in part or full, resp. prolong delay of delivery, if following occurs:
- Delivery due to Force Majeur or other occurences that are not withing Sakkara's responsibility
- a supplier of Messrs. Sakkara GmbH does not supply them with goods ordered.
Should the items ordered not be on stock - or only in part, Sakkara GmbH will inform the client accordingly.

§6 Return guarantee / Warranty

We want our customers to be fully satisfied with the items we deliver! Of course our goods are subject to legal warranty clause as per German Civil Code.

Obvious defects have to be stated in writing to Sakkara GmbH by the purchaser within 4 weeks afer delvery of contract merchandise.
The purchaser can choose if the statutory supplementary performance should be done either by supplementary performance or by replacement. Messrs. Sakkara GmbH are entitled to object to the means of supplementary performance chosen by the purchaser, if it can be done only with unduly efforts and costs and other means of supplementary performance will be without considerable disadvantages to the purchaser. While a supplementary performance is in progress, no reduction of purchase price or revocation of agreement by the purchaser will be possible. An amendment will be considered ineffetive after the 2nd failed try, if by nature of goods or defect or other circumstances nothing else arise. Should the supplementary performance really fail or Messrs. Sakkara GmbH deny the overall supplementary performance, the customer mac choose either a mark-down of purchase price (reduction) or revocation of agreement.
The customer is only allowed to make indemnity claims because of defect, if the supplementary performace has failed or Messrs. Sakkara GmbH have denied supplementary performance. The customer's right for assertation of future indemnity claims, following conditions enumerated hereinafter, remains unaffected thereby.
Messrs. Sakkara GmbH are fully liable without limiting previous regulations and limitation of liability stated hereinafter for damages to life, body and health whcih are due to a careless or premeditated neglect of their legal representatives or their vicarious agents. Messrs Sakkara GmbH are also liable for damages contained according to the Product Liability Act, as well as for all damages that result from premeditated or grossly negligent breach of contract as well as malice of their legal representatives or vicarious agents. Messrs Sakkara GmbH are further liable for statements of appearance and workmanship and/or guarantee for product wear concerning the goods delivered or parts thereof. Within the frame of this guarantee damages due to appearance and workmanship guaranteed or wear guaranteed, but which do not show immedaitely with the goods, Messrs. Sakkara GmbH are only liable if the rist of such damage is clearly covered by the guarantee for appearance and workmanship as well as wear. Messrs. Sakkara GmbH also are liable for damages caused by simple carelessness, if said carelessness concerns the breach of contractual obligations, that have to be observed absolutely in order to achieve fulfillment of contract. Messrs Sakkara GmbH are only liable if damages are connected in a typical way to the contract and are predictable. In case of simple carelessness of secondary obligations that are not important for the contract, Messrs. Sakkara GmbH are not liable. Also, limitations of liability enumerated in this passage are valid as soon as liability of legal representatives, executives and other vicarious agents are concerned. A further liability is excluded without care of the legal nature of the claim made. Should liability of Messrs. Sakkara GmbH be excluded or limited, this is also valid for the personal liability of their clerks, employees, agents and vicarious agents.
Period of Warranty is 2 years, period starting at passing of risk. This period also is valid for claims on compensation for damages due to defective material, as long as no claims from tortious acts are made.

§7 Withdrawal from contract

Clients may withdraw from contract.

Right for withdrawal from contract

You may withdraw from your contract without stating any reason within a delay of 14 days - either by informing us in writing (letter, telefax or e-mail) or by simply returning the goods.

Should this information on your right to withdraw from contract be conveyed only after conclusion of contract, the delay then will be an entire month (for e.g. Ebay-clients).

Stipulated time period for right of withdrawal from contract starts with receipt of said information in writing, but not before goods have arrived at the addressee (in case of repetitive deliveries of similar items not before receipt of first partial shipment).

To meet the deadline timely mailing of withdrawal orgood should suffice, address for returns/withdrawals as stated hereinafter:

Mail: Sakkara GmbH, Hubertusstr. 38, D-76532 Baden-Baden

represented bytheir CEO, Mr.Dipl.-Ing. Andreas Strauß

Fax: ++49 (0)7221/27676-18 Mail: info@sakkara.de

Should withdrawal from contract be effected by return of goods, kindly observe the necessary handling with regard to the country of the shipper. Information thereon are included in detail to each parcel.

Consequences of revocation

In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received. Should the client not be able to return goods received in full or in part or only in a deteriorated condition, the client has to compensate for lost value. This does not apply, if deterioration of goods results from testing - as e.g. when regularly trying on in a shop. Clients can avoid compensation for loss in value by not using goods in a proprietary way and not to handle them in a damaging way. The customer must comply with the duty to refund payments within 30 days of dispatch of the notice of withdrawal. This time period starts for the client with mailing of withdrawal or goods, and for Sakkara GmbH with receipt of same.

This right for withdrawal from contract does not apply for distance selling contracts for delivery of goods:

that were customizedor specially made for the personal use or are not convenient for returns because of their make or are easily perishable, resp. the recommended date of use already expired.
of either audio or video recordings or of software, if the media were unsealed by the client or the proctetive blister removed.

End of information on right of withdrawal from contract

§8 Return and exchange of goods - Important for returns:

Please abserve that most of the merchandise supplied by Messrs. Sakkara GmbH are handmade. Small degrees of variations in color and a few changes in a model therefore never can be fully excluded.

Return of goods: please follow either instructions in our summary for international customers (first inner page of our print catalog - "in a nutshell") or the more detailed description hereinafter, resp. on the revers of the invoice you'll get with each delivery.

After receipt of goods returned every customer will get automatically a written statement of receipt. Refunds will be done non-cash only to either bank or credit card account as stipulated by the client. For return of goods resulting of prepaid consignments or those paid C.O.D. Messrs. Sakkara will need valid account data for transfer of refunds.

Returns:

Please follow instructions as per detailed data sheet included with delivery. This document should state all necessary information on return of goods from abroad, as well as domestic returns.

How to proceed for domestic clients

Please use return sheet delivered together with the goods for return packages within Germany.
For easy control of goods returned please mark them on the return sheet and also note the quantity returned!
Please mark items separately that you want to exchange and also let us know which item you want in exchange.

Attention: For each exchange shipment we'll charge again postage, which we did not in the past years.
Place return sheed in the parcel.
Stick return-label on the outside of the parcel. Thus your return parcel has sufficient postage cover and you'll save costs.

Please note: We do not accept parcles sent not-prepaid - these will be refused acceptance and returned against an added fee to you!
Fill in receipt of posting on the revers side, pick-off control part showing the barcode and stick it on the parcel.

Attention: Please keep the posting number that the German post will hand out - it's your proof should s.th. go wrong and a search has to be initiated.

How to proceed for international clients

Unfortunately we don't have the means to offer such a prepaid service for our international client. Therefore we kindly ask you to put sufficient postage on your return parcels. Should a return become necessary because we made a mistake (e.g. we packed the wrong item/size/color) we will refund the postage you paid. If you are not sure how to proceed, please call or write an e-mail prior to sending the parcel.

For all non-EC countries: because of custom clearance for returned items a copy of invoice is mandatory to be included!

Information on delivery and shipping costs

We're supplying goods (normal amounts) to the purchaser's address, if not stipulated differently by same. All information on probable delay of delivery are not binding, unless a specific date of delivery has been confirmed explicitely. Messrs. SAKKARA GmbH are not liable for loss of gain or other financial loss of the purchaser.
All orders will be delivered as soon as possible by insured parcels through Deutsche Post AG (resp. their co-contractors abroad). Should acceptance be refused, Messrs. Sakkara GmbH will be entitled to claim damages because of non-fulfillment of contract amounting to the loss incurred.
In case a client orders without having settled payment of previous orders - or should the client have returned debit notes, Messrs. Sakkara GmbH reserve the right to supply said client only on prepayment or - if client lives in Germany - against C.O.D.

Minimum order value for domestic shipments is 20,- EUR
Minimum order value for international shipments is 35,- EUR

Domestic postage:
Messrs Sakkara GmbH are bearing most of the costs involved in sending of goods. For postage and packing for domestic shipments Messrs Sakkara GmbH will charge a flat-rate of currently 5,90 EUR. In case of a back order the client pays postage fee of 5,90 EUR only for first partial shipment, back order shippings costs for domestic shipments will be paid by Messrs. Sakkara GmbH. Please note that for an exchange not caused by fault of Messrs Sakkara GmbH the postage/packing fee will be charged again for exchange shipment.

International postage:
For international shipments costs are charged as they incur (depending on weight and country). Postage fees will be stated separately on your invoice.

Estimate postage chart (onlyTransport): (as per April 2008)

Country	base postage	each additional kg
Austria	8,50 EUR
France, Denmark, GB, Belgium, Luxembourg, Netherlands	12,00 EUR	0,70 EUR
Liechtenstein, Switzerland, Greece, Italy, Spain, Sweden, Czech Republic	13,80 EUR	1,05 EUR
Norway	26,95 EUR	1,45 EUR
USA, Canada	25,84 EUR	4,94 EUR
Others	29,20 EUR	7,20 EUR

§10 Transport damages

Kindly check your parcel upon receipt for visible damage and have them confirmed on delivery sheet. The client is required to state any damage incurred in transport to Deutsche Post AG him-/herself. At the same time it would be best to send copy of such information to Messrs. Sakkara GmbH in order to fulfill all legal obligations for insurange coverage.

Information on billing and data security during transfer of funds

The client's chosen method of payment notwithstanding each shipment will have it's separate, detailed invoice.

For your security all data will be transmitted through encrypted SSL protocol!

Information on payment methods / due dates / delay

direct debit: 21 days term of payment, 2% discount*
credit card payment: debiting on day of dispatch
cash-on-delivery: in addition to postage a C.O.D.-fee of currently 5,60 Euro will be added. Payment will be done in cash to the delivery man when receiving the parcel.
advance payment: we advise our international customers in general to use credit card payment, as this method is easy when refunding returns or sending back orders. Should this not be possible, please remit on one of the accounts stated hereafter:

Germany
Volksbank Baden-Baden Rastatt e.G.
account no.: 65550008
routing no.: 66290000
IBAN: DE02662900000065550008
BIC: VBRADE6KXXX

Switzerland
Postfinance
account no.: 40 - 697179-8
S.W.I.F.T.: PIFICHBE
IBAN: CH86 0900 0000 4069 7179 8
BIC: POFICHBEXXX

Reservation of title

Until full settlement of all titles against the purchaser, property of goods delivered remains with Sakkara GmbH.

§11 Privacy policy

All data necessary for business handlings are saved within the limits of order processing. For advertising purposes Messrs. Sakkara GmbH may process and use such individual-related data, but the purchaser can veto any time. After receipt of veto Messrs. Sakkara GmbH will refrain from further sending of advertising material.

For credit assessments as well as for marketing purposes Messrs. Sakkara GmbH maintain their own data files and reserve right to obtain information within legal limits through credit agencies, banks, credit report companies, a. s. o.

The customer agrees to this explicitly.

§12 Disclaimer for external links

Messrs. Sakkara GmbH have links to other internet sites on their homepage.

For all these links apply: Messrs. Sakkara GmbH declares explicitly that they do not have any influence on design and content of the linked sites. Therefore they distance themselves formally from all contents of linked sites of third parties to be found at www.sakkara.de, www.bauchtanzwelt.de as well as their subdomains and forwarding and they do not adopt the contents of these sites.

This declaration applies for all links displayed and for all contents of the sites to which these links forward.

§13 Copyright

All copyrights are with Messrs. Sakkara GmbH.

Using pictures without explicit assent is not allowed.

§14 Miscellaneous

Contracts and all legal relations of the contracting parties are subject to German Federal Law, to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG).

Provider identification

SAKKARA Strauß GmbH
Hubertusstrasse 38
D-76532 Baden-Baden

district court Mannheim HRB 201775
VAT no.: DE 81 143 0334

CEO:
Andreas Strauß, Dipl.Ing. (FH)