Dear customer\/prospect,<\/p>\n\n
the company Geiger Optronix produces and develops professional night vision technology. Our products are sold exclusively through our subsidiary, Diycon GmbH.<\/p>\n\n
We strive to offer our customers the best possible service and a smooth process. To ensure this, please read our Terms and Conditions carefully before purchasing. Night vision devices and especially image intensifier tubes are new territory for most customers due to their rarity compared to usual commercial goods. Since some special features have to be observed when handling these devices, they must be specifically pointed out. By carefully reading the terms and conditions, unpleasant situations during the transfer of goods can be avoided in advance. Thank you for your understanding.<\/p>\n\n
General terms and conditions and return instructions for all online items from Diycon GmbH:<\/p>\n\n
The following right of withdrawal does not apply if the goods you have ordered are to be used for your own commercial or self-employed professional activity.<\/p>\n\n
Cancellation instructions \/ return instructions according to \u00a7 355 para. 2 BGB<\/p>\n\n
right of withdrawal<\/strong><\/p>\n\n You can revoke your contract declaration within two weeks in text form (e.g. letter, fax, e-mail) or by returning the item without giving reasons. The period begins at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:<\/p>\n\n Fa. Diycon Handelsgesellschaft mbH Tel : 06348 \/9829-0 Consequences of revocation<\/strong><\/p>\n\n In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection – as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation by not using the item as if it were your property and refraining from anything that could impair its value. Transportable items are to be sent back. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or if you have not yet paid the consideration or a contractually agreed price for the item at the time of the cancellation have made the agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. You must fulfill your obligations to refund payments within 30 days of sending your declaration of cancellation.<\/p>\n\n exceptions<\/strong><\/p>\n\n Unless otherwise specified, the right of withdrawal does not apply to contracts<\/p>\n\n 1. for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed.<\/p>\n\n Through the declaration of acceptance (sending the account data by mail etc.), on the part of Diycon GmbH, a purchase contract is concluded for goods. The customer can send the goods back to us within a cancellation period of 14 working days after receipt of the goods (= right of cancellation or return). Timely dispatch of the goods is sufficient to meet the deadline. The prerequisite is that the goods are not damaged, used and in their original packaging. If the customer has returned the goods on time and properly and if they were faultless, the company Diycon GmbH, immediately issue a credit note, or the purchase amount will be refunded.<\/p>\n\n The return guarantee does not apply to the following product groups:<\/p>\n\n 1.<\/p>\n\n Night vision devices can only be taken back \/ changed \/ exchanged \/ exchanged etc. if the night vision device has NOT been put into operation by the customer!<\/p>\n\n Due to the special nature of the technology \/ electronics of a night vision device, a return for a refund of the purchase price is only possible if the device has not been used by the customer.<\/p>\n\n If a customer has put an NSG into operation after the purchase and still requests a return\/change within the 14 working days, we charge 10% of the value of the goods as a fee for possible deterioration of the goods, but at least 200 EURO, since we do not sell these devices more than NEW DEVICES can resell !<\/p>\n\n For these items, the contract is finally concluded when we accept the customer’s offer.<\/p>\n\n Every customer accepts our terms and conditions with his purchase!<\/p>\n\n 2. for the delivery of audio or video recordings or software, provided the data carriers delivered have been unsealed by the consumer.<\/p>\n\n \u00a7 1 General, scope<\/strong><\/p>\n\n All services provided by the Diycon GmbH for the customer are provided exclusively on the basis of the following general terms and conditions. Deviating regulations are only valid insofar as they have been agreed in writing between the Geiger Optronix Internet Shop and the customer or are expressly named in these General Terms and Conditions.<\/p>\n\n \u00a7 2 Conclusion of contract<\/strong><\/p>\n\n (1) Conclusion of contract on the Internet<\/p>\n\n a) The offers of the company Diycon GmbH represent a non-binding invitation to the customer to order goods.<\/p>\n\n b) By ordering the desired goods, e.g. by buying it now or by bidding on the Internet, the customer places a binding order; the purchase contract is deemed to have been concluded on both sides.<\/p>\n\n c) The company Diycon GmbH is entitled to revoke the legally binding purchase contract within 14 calendar days by sending a notification to the customer by letter or email if the customer fails to make a payment.<\/p>\n\n d) The order confirmation for online orders that have come about is sent by sending an e-mail, fax or post.<\/p>\n\n e) In principle, regardless of the payment methods mentioned in the respective descriptions, the customer can also subsequently request CASH ON DELIVERY or PICK UP BY YOURSELF, these will be taken into account by us at ANY TIME depending on the customer’s request!<\/p>\n\n In the case of CASH ON DELIVERY, the applicable CASH ON DELIVERY FEES are added to the PURCHASE PRICE.<\/p>\n\n f) Collection by the customer and prior personal assessment of the goods offered or prior testing of devices and accessories are carried out at any time by arrangement at the CUSTOMER’S REQUEST.<\/p>\n\n The basic rule here is that an APPOINTMENT MUST be agreed in advance in WRITTEN by MAIL, this APPOINTMENT MUST be CONFIRMED by us.<\/p>\n\n g) All goods delivered by us remain our property until final payment of the purchase price.<\/p>\n\n (2) Contract conclusion with Egun\/Ebay and other internet auction houses<\/p>\n\n a) The listing of goods on Egun\/Ebay in an online auction or at a fixed price (buy it now option) is considered a binding offer on our part to conclude a contract for these goods. This offer can only be accepted by a bid within the specified period. The offer is aimed at the customer who submits the highest bid during the online auction and who fulfills any additional conditions specified in the offer (e.g. certain evaluation criteria).<\/p>\n\n b) The customer accepts the offer by submitting a bid. The bid expires if another customer submits a higher bid during the online auction. The official platform time is decisive for measuring the duration of the online auction.<\/p>\n\n c) At the end of the specified duration of the online auction, a contract is concluded with the customer submitting the highest bid. In the case of an immediate purchase, a contract for the purchase of the offered goods is already concluded at the fixed price specified in the option if the customer exercises this option, regardless of the end of the offer period and without conducting an online auction. The option can be exercised by any customer as long as no bid has been placed on the goods or as long as other goods of the same type and quality are offered in a power auction.<\/p>\n\n \u00a7 3 Payment, due date, default of payment<\/strong><\/p>\n\n (1) The goods can be paid for either in advance or cash on delivery, by cash on collection, alternatively by direct debit. Payment by cash on delivery is only possible for shipping within Germany. In exceptional cases, we reserve the right to accept or exclude certain payment methods in individual cases.<\/p>\n\n (2) When paying in advance, the customer undertakes to pay the purchase price immediately after the conclusion of the contract. When paying by cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods. When paying by direct debit, the amount will be debited within one week after the conclusion of the contract. In the case of payment \u2013 collection by the customer, payment is made in CASH and in German currency.<\/p>\n\n (3) If the customer is in default of payment, he is responsible for any negligence during this time. Due to the performance, he is also liable for accidents, unless the damage would have occurred even if the performance had been made on time.<\/p>\n\n (4) Interest is to be paid on the purchase price during the delay. The default interest rate for the year is five percentage points above the base rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.<\/p>\n\n (5) The assertion of further damages is not excluded.<\/p>\n\n \u00a7 4 Delivery<\/strong><\/p>\n\n (1) Goods are only delivered while stocks last. We only offer goods that are in stock and available, or can be obtained at short notice! In the event of delays in delivery for which we are to blame and which last for more than 10 working days, the customer can withdraw from the contract at any time and, for example, reclaim advance payments that have already been made.<\/p>\n\n (2) Delivery is made by sending the goods from the warehouse to the address provided by the customer. If delivery against payment in advance has been agreed, the delivery period is generally 2-3 working days after receipt of the purchase price. Otherwise, the delivery period is generally 2-3 working days after the end of the auction or the exercise of the fixed price option or after the order confirmation has been sent. This information is not binding, unless otherwise agreed.<\/p>\n\n (3) Delivery is made against the packaging and shipping costs specified in the online auction or when ordering online. For deliveries abroad, unless otherwise stated, the price for packaging and shipping is calculated separately according to weight. If the customer requests a special type of shipment that incurs higher costs, he must also bear these additional costs.<\/p>\n\n \u00a7 5 Retention of title<\/strong><\/p>\n\n The goods remain our property until full payment. Prior to the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our express consent.<\/p>\n\n \u00a7 6 Prices<\/strong><\/p>\n\n (1) With the update\/re-listing of auctions and fixed-price offers, or the publication of a new price list, all previous prices and other information about goods become invalid. Specified prices in the context of permanent Buy It Now auctions are excluded.<\/p>\n\n (2) The price at the time the customer submits the bid is decisive for invoicing, unless it is an online auction.<\/p>\n\n \u00a7 7 Withdrawal<\/strong><\/p>\n\n (1) We are also entitled to withdraw from the contract with regard to a part of the delivery or service that is still outstanding if false information has been provided about the customer\u2019s creditworthiness or there are objective reasons for the customer\u2019s insolvency, e.g. the opening of insolvency proceedings against the customer’s assets or the dismissal of such proceedings due to a lack of assets to cover costs. Before withdrawing, the customer is given the opportunity to make an advance payment or provide suitable security.<\/p>\n\n (2) Irrespective of our claims for damages, in the event of partial withdrawal, partial services already rendered are to be invoiced and paid for in accordance with the contract.<\/p>\n\n \u00a7 8 Warranty<\/strong><\/p>\n\n (1)a The warranty period is two years, for image intensifiers 1 year. The warranty period is one year for legal transactions in which a consumer is not involved or for the sale of used items.<\/p>\n\n (1)b The warranty expires immediately and irrevocably if devices from our delivery are opened by the customer or by an unauthorized third party. Any interference with the devices by persons not authorized by us leads to the exclusion of the guarantee\/warranty!<\/p>\n\n The same applies to subsequent changes to the mechanical\/technical\/electronic properties of the devices, provided these are not carried out by us!<\/p>\n\n (2) If the item is defective, the customer has the right to choose between rectification of the defect or delivery of a defect-free item as supplementary performance. We can use the type of supplementary performance chosen by the customer without prejudice to \u00a7 275 para. 2 and 3 BGB if it is only possible with disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customer’s claim is limited to the other type of supplementary performance; our right to refuse this under the conditions of sentence 1 remains unaffected.<\/p>\n\n (3) If we deliver a defect-free item for the purpose of supplementary performance, we can demand that the customer return the defective item in accordance with \u00a7\u00a7 346 to 348 BGB.<\/p>\n\n (4) Damage caused by improper or non-contractual measures by the customer during installation, connection, operation or storage do not justify any claims against us. The inappropriateness and non-conformity is determined in particular according to the information provided by the manufacturer of the goods supplied.<\/p>\n\n \u00a7 9 Damage in transit<\/strong><\/p>\n\n (1) Goods with obvious damage to the packaging or contents delivered to the customer must be claimed to the carrier\/freight service. Your acceptance is to be refused. In addition, contact us immediately by e-mail, fax or post.<\/p>\n\n (2) we must be informed immediately after discovering hidden defects.<\/p>\n\n (3) A shortening of the statutory limitation periods is not associated with this regulation.<\/p>\n\n \u00a7 10 Limitation of Liability<\/strong><\/p>\n\n (1) We are only liable for damage other than damage to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by us or our vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.<\/p>\n\n Any damage that a customer inflicts intentionally or unintentionally on himself or third parties through improper, incorrect or inadmissible use of the goods supplied by us are excluded from liability.<\/p>\n\n In cases as mentioned under \u00a7 8 – 1b any liability on our part expires!<\/p>\n\n (2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and\/or available at all times. We are therefore not liable for lost emails, errors in data traffic and in the transmission of online data.<\/p>\n\n \u00a7 11 Data protection<\/strong><\/p>\n\n All personal data required to carry out the order will be stored in machine-readable form and treated confidentially. The data required to process an order, such as name and address, will be passed on to the companies commissioned with the delivery of the goods as part of the delivery.<\/p>\n\n \u00a7 12 Jurisdiction<\/strong><\/p>\n\n All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The application of EU sales law is excluded. If the contracting parties are merchants, the court at which we have our registered office is responsible, unless an exclusive place of jurisdiction is justified for the dispute.<\/p>\n\n \u00a7 13 Severability Clause<\/strong><\/p>\n\n Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.<\/p>\n\n Cancellation instructions \/ return instructions according to \u00a7 355 para. 2 BGB<\/p>\n\n right of withdrawal<\/p>\n\n You can revoke your contract declaration within two weeks in text form (e.g. letter, fax, e-mail) or by returning the item without giving reasons. The period begins at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:<\/p>\n\n Fa. Diycon Ltd<\/strong><\/p>\n\n represented by Tobias Geiger (Managing Director) Tel : 06348 \/ 9829-0 Consequences of revocation<\/p>\n\n In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection – as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation by not using the item as if it were your property and refraining from anything that could impair its value. Transportable items are to be sent back. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or if you have not yet paid the consideration or a contractually agreed price for the item at the time of the cancellation have made the agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. You must fulfill your obligations to refund payments within 30 days of sending your declaration of cancellation.<\/p>\n\n exceptions<\/p>\n\n Unless otherwise specified, the right of withdrawal does not apply to contracts<\/p>\n\n 1. for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed,<\/p>\n\n 2. for the delivery of audio or video recordings or software, provided the data carriers delivered have been unsealed by the consumer.<\/p>\n\n Additional instructions according to the Distance Selling Act:<\/p>\n\n You can return the goods received without giving a reason within two weeks by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. You can only declare the return of goods that cannot be sent as a parcel (e.g. bulky goods) by requesting the return of the goods in text form, e.g. by letter or fax. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In the case of a return from a delivery of goods whose order value is up to 100 euros in total, you have to bear the costs of the return if the delivered goods correspond to the ordered ones. Otherwise, the return is free for you. In any case, the return is at our expense and risk. Please note, however, that only packages sent to us free of charge can be accepted! On request, we can also have the goods picked up from you at our expense. Additional costs arising from shipments that are not prepaid shall be borne by the buyer. The return or the return request must be sent to:<\/p>\n\n