GTC (General Trading Conditions)

These are the General Trading Conditions of the Carve Company E-Shop:

General Trading Conditions of
CARVE COMPANY ESTABLISHMENT, LI-BALZERS / LIECHTENSTEIN
January 1, 2010

I. Applicability and Supplier Information
We supply exclusively on the basis of the following Standard Terms and Conditions of Business and Delivery, in the version in force at the time of the order. We hereby reject any business or buying terms and conditions of the Buyer unless we have expressly recognized such terms and conditions.

Supplier information:
CARVE COMPANY ESTABLISHMENT
Palduinstrasse 49A, P.O. Box 55
LI-9496 Balzers
Principality of Liechtenstein
phone: +41 77 456 78 80, fax: none
E-Mail: info@carvecompany.com
URL: www.carvecompany.com

VAT-ID:
Managing Director: Remo Eberle
Trade register:

Bank informations/account:
IBAN: CH3809000000919864624
iban/SWIFT: POFICHBEXXX

BANK
Name: POSTFINANCE
street: NORDRING 8
postal: 3030
city: BERN
country: SWITZERLAND
ACCOUNT: 91-986462-4


II. Completion of Contract and Withdrawal Rights
Offers by CARVE COMPANY ESTABLISHMENT are a request to submit a purchase contract offer (order). CARVE COMPANY ESTABLISHMENT hereby undertakes to accept an order for a product quoted on the web site. The offer is accepted by confirmation of the order via E-mail.

II.b Withdrawal Rights
If the Buyer is a retail consumer, he (she/it) is entitled to revoke the purchase contract in writing (also by E-mail) within two weeks, or to return the delivered goods within the same period, without giving any reasons. The date of dispatch is the relevant date. Return delivery costs are to be borne by the buyer. The purchase contract becomes invalid after the return of the goods and Carve Company will refund any payment that has already been made. If the Buyer is responsible for any deterioration in the condition of the goods, their fortuitous loss (if they are destroyed or mislaid, etc.) or if it is not possible to return the goods in any other way, he must reimburse CARVE COMPANY ESTABLISHMENT for the value reduction or the actual value. Regardless of the reasons involved, the Buyer is obliged to return the goods to the addressee specified as the sender on the delivery note; warranty rights are not affected.

In case of typing, printing or calculation errors on the web site, CARVE COMPANY ESTABLISHMENT has the right to correct these. If an order cannot be fulfilled in the offered form on account of such errors, CARVE COMPANY ESTABLISHMENT is entitled to withdraw from the contract.

If the fulfillment of an order is impossible on account of non-delivery by suppliers, CARVE COMPANY ESTABLISHMENT is also entitled to withdraw from the contract. In such a case, CARVE COMPANY ESTABLISHMENT is obliged to inform the Buyer accordingly and to immediately refund any purchase price payments which have already been made.

III. Reservation of Title
All goods remain property of CARVE COMPANY ESTABLISHMENT until all our claims have been settled in full.

IV. Delivery
CARVE COMPANY ESTABLISHMENT is entitled to make part-deliveries. If a part-delivery is made for reasons not attributable to the Buyer, the relevant delivery costs are borne by CARVE COMPANY ESTABLISHMENT.

Deliveries are made to the specified delivery address. When goods are sent out, we are entitled to select the means of transport and the delivery mode, but accept no liability whatsoever thereby. The aforesaid exclusion does not apply if one of our managerial staff has acted with at least gross negligence in business dealings with commercial traders or if any of our staff has acted with at least gross negligence in business dealings with non-commercial traders.

All risks pass to the Buyer upon the transfer of goods to the carrier but at the latest when the goods leave our works or warehouse. This also applies to part-deliveries.

We are only be obliged to take out transport insurance cover at the express wish of the Buyer. The costs for the aforesaid cover are to be borne by the Buyer.

V. Delivery Period
The specified delivery period is non-committal unless a delivery period has been agreed as binding in exceptional cases. It begins on the date of our order acknowledgement but not before all execution details have been clarified in full.

Notwithstanding our rights in connection with delay on the part of the Buyer, the delivery period shall be extended by the period by which the Buyer is in delay regarding fulfillment of his obligations in connection with this or any other order. This applies in turn if a fixed delivery period has been agreed.

If we are ourselves in delay, the Buyer must grant us a commensurate period of grace. He is entitled to withdraw from the contract after the aforesaid period of grace if he has not been notified that the goods are ready for delivery by the aforesaid date.

Force majeure occurrences entitle us to postpone delivery by the duration of the impediment and a reasonable start-up period or to withdraw from the contract for the part remaining unfulfilled. Force majeure includes strikes, lock-outs and any other circumstances which materially complicate delivery on our part or make it impossible in other ways, regardless of whether the impediment occurs with us or one of our sub-suppliers. The Buyer may request a formal statement explaining whether we wish to withdraw from the contract or to deliver within a reasonable period. If we make no such statement, the Buyer is entitled to withdraw from the contract.

VI. Conditions of Payment, Due Date and Delay
The purchase price is due upon dispatch of the goods. The Buyer is informed of the relevant dispatch details by E-mail. 
The Buyer can pay in advance. He is informed via email that the goods are ready for dispatch. The email gives a breakdown of purchase price, shipping costs and any other costs, such as taxes. The buyer pays the final amount stated in advance. Carve Company ships the goods as soon as the full amount has been received.
All prices are total-prices in EUR including VAT. Relevant prices are the prices at the time of order.

Shipping costs, incl. packaging, are raised once per order.
If the order is returned within the relevant period, with its original packaging intact and in its original state, and no damages are found, CARVE COMPANY ESTABLISHMENT will refund all partial or full payments made.

VII. Performance Refusal, Retention and Set-Off
No performance refusal right accrues to the Buyer in business dealings with commercial traders. A retention right is only accrued to the Buyer to the extent that his counter-claim is based on the same contractual relationship. Off-setting by the Buyer is only permitted insofar as his counter-claims are expressly declared to be undisputed or if his counter-claims have been established by declaratory judgment.

VIII. Warranty and Liability
Complaints must be made by the Buyer in writing (possible by E-mail) to be received by us within 10 days of receipt of the goods at the place of consignment. In dealings with non-commercial traders this only applies in case of an obvious defect.

A return of the rejected goods is only permitted with our approval. Shipping costs must initially be paid the Buyer. A refund will only be made in the event of a justified complaint.

We take back goods which we recognize as faulty and deliver non-faulty goods as a replacement. We are also entitled to reimburse the lower value instead. If rectified goods or a replacement delivery is/are abortive a second time, non-commercial traders have the right to a payment reduction or withdrawal from the contract at their choice.

Our liability is limited to willful intent or gross negligence regardless of whether contractual or non-contractual claims are involved. The aforesaid liability exclusion does not apply

• 1. in case we are guilty of willful intent or gross negligence;
• 2. in case damages are incurred as a result of the lack of warranted qualities, especially warranted qualities which were especially designed to avoid the occurrence of such damages;
• 3. in case we have breached main contractual obligations or important contractual obligations;
• 4. in respect to claims based on the German Product Liability Act (Produkthaftungsgesetz)
• 5. in case of inability or impossibility to supply, and
• 6. in respect of dangers to life and limb.

The limitation period for lawful lacks claims is 2 years.

VII. Secrecy of Passwords, Access Blocks and Access by Third Parties
The user of CARVE COMPANY ESTABLISHMENT offer is unreservedly liable for all consequences and damages which are sustained by the supplier and third parties as a result of an abusive or illegal use of the services or due to the fact that the user fails to comply with his miscellaneous obligations and if he is responsible for the aforesaid failures to comply. The aforesaid particularly includes duties of care

• 1. for ensuring that the passwords used by the user/Buyer are kept secret, controlled and changed in the event of any identified abuse by third parties and that CARVE COMPANY ESTABLISHMENT is informed accordingly. For security reasons, CARVE COMPANY ESTABLISHMENT shall be entitled and obliged to block access/accounts of the user/Buyer if incorrect passwords are repeatedly entered;
• 2. for ensuring that third parties have no direct or indirect access to CARVE COMPANY ESTABLISHMENT services offered under the respective customer name unless this has been expressly approved by CARVE COMPANY ESTABLISHMENT. This excludes persons employed in the business operations of the user/Buyer or persons who live in the same household as the user/Buyer. Price reduction, reimbursement or compensation claims caused by third parties for reasons in accordance with clause 1 are excluded;
• 3. minors may only use the offered services with the consent of parents or guardians. This particularly includes orders, the submission of binding offers and any formal declarations.

CARVE COMPANY ESTABLISHMENT is not liable for dangers and risks inherent in the Internet, especially for third party contents and for mediating access for third party contents. The aforesaid ruling excludes CARVE COMPANY ESTABLISHMENT`s own liability for the "carvecompany.com" Internet page.

X. Data Protection
Our data protection practices are in accordance with the relevant data protection laws of Lichtenstein. We will use your personal data exclusively to process your orders, unless you wish to use additional services.
CARVE COMPANY ESTABLISHMENT has informed the Buyer in detail about the type, scope, place and purpose of the collation, processing and use of the personal data required processing orders.
The buyer's data is not passed on to third parties and can be checked, changed and deleted online by the buyer anytime on the CARVE COMPANY ESTABLISHMENT service pages. In order to process and deliver your orders we only pass on your details to the relevant shipping agent.

IX. Legal Venue
If our contracting party is a registered trader, the legal venue shall be Vaduz, Liechtenstein - including billing and check litigation cases.

X. Final Provisions
Liechtenstein law shall apply, also in the case of deliveries abroad. The validity of the law of the United Nations on the International Sale of Goods is excluded. This shall only apply unless it is opposed by mandatory national or international laws.

If our goods are exported by our customer in territories outside the Principality of Liechtenstein, we accept no liability if third party industrial property rights are infringed by our products. The Buyer is obliged to pay any damage compensation which is caused by us as a result of the export of goods which are not expressly delivered for export purposes.

If any of the aforesaid provisions are partially invalid or incomplete, the validity of the other provisions remains in full force and effect.