General Terms and Conditions
Sebastian Mücke

Luxus International
Kastanienallee 101
10435 Berlin

February 2007
§ 1 Application area, Definition

1.1. These business conditions are valid for all orders with Sebastian Mücke

Luxus International
Kastanienallee 101
Berlin
tel 030 44324877
fax 01212619841984
E-Mail: laden@luxus-international.com
www.luxus-international
USt.-IdNr.: DE241693059
, following called "Luxus-International", concluded by consumers or businessmen about the internet portals or in other forms. The consumer will be pointed out to the validity of this general terms and conditions at telephonic completions of a contract

1.2 Consumer is any individual person who take a legal transaction to an end which can be classed with neither her commercial nor her independent occupation. Businessman is a natural or legal entity or a legally responsible partnership which acts at conclusion of a legal transaction in practice of her commercial or independent occupation; a legally responsible partnership is a partnership which is equipped with the ability to purchase and to come in liabilities rights. There is a proof of the first appearance as of an order of more than 5 equipment of the same type that the customer as a businessman has acted.

§ 2 Conclusion of a contract
2.1 Your order represents an offer at Sebastian Mücke to the conclusion of a contract. You are bound to your offer declaration for 14 days. Sebastian Mücke can explain the acceptance of your offer within this period of time. In principle, the acceptance of the offer is made by the delivery of the product or by confirming the order by Sebastian Mücke in written form, the automatic confirmation by mail regarding the receipt of the order is not a declaration of acceptance in the above-mentioned meaning. If the delivery should for once be carried out only after expiry of 2 weeks, the goods delivery is a new supply to the completion of a contract. The customer can silently accept this offer by receiving the articles putting them into use; Sebastian Mücke- does disclaim to the entrance of the declaration of acceptance (§ 151 BGB).

2.2 Provided that the customer is a businessman - a preliminary contract is concluded next to § 2.1. At first -Sebastian Mücke-is merely obliged to try to get a sufficient supplying and to contact his suppliers if necessary.
At first the businessman only is obliged to show Sebastian Mücke, he takes distance of the readiness at the completion of the (future) standing end at least in advance in writing for three days. The preliminary contract develops a two-week binding force. Provided that Sebastian Mücke provides goods within the two week period or delivers them and a declaration regarding set 3 Sebastian Mücke is not made at this time, the principal agreement takes automatically place.

2.3 If Sebastian Mücke should accept this offer on changed terms, e.g. a divergent price, this acceptance has to be judged as a supply at the conclusion of a modified contract. (§ 150 II BGB). After the order in text form, Sebastian Mücke will immediately point out to the customer the modified offer.
In this case a consumer has the possibility, to take the offer within 14 days by by e-mail-to assume within 14 days. Sebastian Mücke- will abandon to an entrance of the declaration of acceptance of the customer (§ 151 BGB). Provided that the customer is a businessman and does not contradict the modified supply explanation within 3 days after admission the supply is regarded as assumed, beside Sebastian Mücke was not allowed to expect an acceptance of the modified offer unless that because of a considerable deviation of the initial order.

2.4. A contract does not take place if an offer of Luxus-International –Luxus-International - contains obviously misspellings or other false details which concerns the qualities or the price of the product; Sebastian Mücke must prove against the customer, that it is a misspelling or a false detail.
Sebastian Mücke - is liable for all composition specifications according to the § 434 I 3 BGB absolute provided that the customer is consumer, the consumer may particularly trust on the correctness of the product details made on the web pages mentioned under § 1.1.

§ 3 Non-availability of the performance

3.1. Every supply is under the reservation of the self supplying. In the case the ordered articles are not available, because Sebastian Mücke is not supplied by his supplier foreseeably and unencumberedly at contract end, Sebastian Mücke – has got the right to cancel the contract. In this case, Luxus-International – Sebastian Mücke – will inform the customers immediately that a delivery is not possible and he will pay back the already paid selling price immediately. Due to the consumers this right only exists, if Luxus-International – Sebastian Mücke – has concluded a concrete hedging transaction and the supplier has not supplying surprisingly.

3.2 A compensation liability because of non-payment is excluded provided that with regard to the lacking availability Sebastian Mücke - has roughly acted neither negligently nor deliberately, a possible liability because of a pre-contractual fault (c.i.c.) remains untouched. The legally specified rights are entitled the consumer to III BGB absolutely in the case of a delivery of the wrong goods according to the § 434.

§ 4 Prices and transportation costs
4.1 The written prices are final prices, inclusive of the respectively valid legal sales tax in the amount of currently 19%. Inadvertent wrong written prices are possible; the prices confirmed in the declaration of acceptance of Luxus-International – Sebastian Mücke – is binding.

4.2. A dispatch cost lump sum of € 4.50 is charged to deliveries within the Federal Republic of Germany by GLS. The delivery costs for other parcel services or countries amount: Europe 7,50 € World: 12.50 €. Special amounts apply to islands, far on inquiry.
In the case of some products the delivery costs are already calculated in the endprice, you have to look into the product description.

§ 5 Payment, due date and delay

5.1. With information about the credit card number/account number in the order Luxus-International – Luxus-International - is authorized to retract the selling price amount of the credit card account/current account indicated by the customer in the order, the customer has to carry possible bank charges because of a failure of the money order because of cover shortage of the account.

5.2. The payment duty gets due with handing over of the product to the customer at the latest. Sebastian Mücke - is entitled to the provision of partial deliveries; the selling price gets proportionately due according to the partial delivery. An invoice document as evidence is enclosed in the goods delivery. The invoice amount has to be paid in one part.

After expiry of 30 days as of a proper access of the product together with invoice the customer comes automatically in delay of payment (§ 286 III BGB), this applies to a corresponding warning sign opposite a consumer in the respective invoice.

5.3. Sebastian Mücke - is entitled to the extraordinary notice of cancellation in the case of the delay in payment.

5.4 During the delay in payment, the customer is liable for every negligence and for the coincidental decline for the already delivered or ordered article of Luxus-International – Sebastian Mücke. (§ 287 BGB). In the case the customer does not accept the delivered product, - without making use of the right of return or right of withdrawal - he owes particularly the arising increase charges like e. g. the express costs arising in addition because of the multiple delivery or possible keeping safe costs, administrative costs etc. (§ 304 BGB).
In the case of default of acceptance Sebastian Mücke - does not accept negligent behaviour any more (§ 300 BGB). There is default of acceptance when the customer cannot be found at the given shipping address personally at the time agreed.
Provided that the customer refuses the acceptance seriously and definitely Sebastian Mücke - can withdraw from the contract and assert particularly the escaped business profit as a compensation (§ 325 BGB).

§ 6 Setting off, assignment and right of retention

6.1. A right to the setting off is only valid for the consumer, if his counter-claims are finally established or if they will not be disputed by Sebastian Mücke.

6.2. The assignment of a claim of the customer compared to Luxus-International – Sebastian Mücke – is only valid by consent or approval by Luxus-International – Sebastian Mücke. ; § 354a HGB remains untouched.

6.3 The customer is authorized for the practice of a retention in this respect, having been based on the same contract relationship as his counter-claim.

§ 7 Delivery and reprimand incumbency

7.1. The delivery is carried out to the delivery address given by the customer.
Provided that the customer is a businessman, the danger changes with delivery of the article to the forwarding shipper or a person intended for the consignment (§ 447 BGB), provided that the customer is consumer, the danger of the coincidental decline and the coincidental deterioration changes with handing over of the article to the customer or first at the time of the default of acceptance. (§ 474 II BGB)

7.2 Sebastian Mücke tries to deliver the products as soon as possible. In principle, delivery periods are under the reservation of punctual and sufficient self supplying § 3.1. Subject to the priority of a provable individual agreement delivery dates only set in doubt in writing are regarded as obligatory.

7.3. Sebastian Mücke - may given the product fault freeing to a neighour or found person in the flat of the customer. These persons are not entitled to the open the package.

7.4. The customer has to examine the product for quality and amount immediately after delivery. The rights of the consumer are not limited at a violation of this incumbency (§§ 434 following. BGB); a contributory negligence of the consumer can grow, according to § 254 BGB from the incumbency injury in the individual case. The businessman has to reproach obvious defects immediately after delivery of the goods and hidden defects after discovery or objective discovery. The validity of § 377 HGB remains untouched.

7.5 There is the possibility of the direct delivery of the product after a corresponding arrangement to the customers provided that the customer is a businessman. Provided that these customers are consumers, they show themselves to be representatives of the businessman authorized to receive payment in the contract relationship between Luxus-International - Sebastian Mücke - and the businessman. the reprimand incumbency according to § 7.4 particularly hits them at a job of the businessman; the rights of the consumer to his respective contracting party remain untouched regarding his regulation.

§ 8 Reservation of title

8.1. The delivered product left in the property of Sebastian Mücke until they are fully paid. The same is valid for the articles which are delivered in the context of repair or other assembly contracts. The legal rights of ownership according to the § § 946 following BGB remain untouched. If necessary, the unauthorized buyer is obliged to the moving transference of the built-in component. The reservation of title lasts also for all claims, Luxus-International – Sebastian Mücke – earns in connection with its delivery or performance.

Until the fulfilment of the claims from the reservation of title the objects included by the reservation of title may not be further sold, rented out, awarded or given away and not given to third parties in order to repair. The right of the consumer to the defect elimination rests untouched in the case of the delay of Sebastian Mücke -after-fulfilment owed legally with this one. If the customer does not meet his due liabilities from the reservation of title, Luxus-International - Sebastian Mücke - can cancel the contract after an adequate deadline and ask the retained goods of the customer. The customer bears all costs of the repurchase and the utilization of the retained goods

§ 9 Right of return with regard to the delivery of goods

9.1 At contracts regarding the delivery of goods the customer is, provided that this he is consumer according to the § 1.2, enabled to return the goods to the following address within two weeks without detail of reasons at the expense and the risk the product of Sebastian Mücke

Sebastian Mücke
Glasstr. 90
D-50823 Köln

As mentioned, CD/DVD media are accepted with video contents and data caused for an event specifically of this. The easiest way is to return the goods about the repurchase service of Sebastian Mücke. The customer registers the goods return by telephone call to Sebastian Mücke and then he gets a moving sending sticker which is completely stamped and addressed; the product has to be returned insured. Upon receipt of the product Sebastian Mücke will refund back the arising costs. At the consignment by package the customer should carefully keep the giving piece of evidence in the interest of his own. The customer has to return the product to intactly and in the original packing as completely as possible.
In the case the customer does not sent the enclosed documentations and accessories, it will be a a deterioration of the product acc. to § 10.2 of the AGB. Under circumstances the customer has to provide a value substitute for those. The same is valid, if the consumer returns the good without any insurance and the product is damaged or gets lost.

9.2. There is not a right of return at audio or video recordings (e.g. CDs, video cassettes, DVDs) or software. For combined business according to § 139 BGB, the return or revocation right (cf. number 9.8) is dropped with the release of a contract component provided that the parts form an economic unity (e.g. unsealed SIM card at the purchase of mobile telephone and mobile phone network contract).

9.3 The period of 14-days regarding § 9.1 of the AGB starts at the receipt of the product and this instruction in text form. For business which is closed about an online market place (e.g. eBay etc.) the return period is a month as receipt of the product and this instruction
in text form.
In both cases, the period, does not start before fulfilment of the information duties §§ 312d Abs. 2, 312c Abs. 2 BGB
9.4 The period is kept, if the customer gives up the product by the post to within the two-week period or repurchase them in the case of 9.7 p.1 (§§ 356 Abs.2 S. 2, 355 Abs.1 S. 2, 2. HS BGB).
9.5 Sebastian Mücke will after the rules regarding §10 refund the selling price after receipt of the product.
9.6 Sebastian Mücke will hand over the consumer on the delivery of the goods on the enclosed invoice a return instruction of the BGB-InfoVO in text form according to § 126.

9.7 The customer can use the right of return only by return of the goods, or if the goods can not be send as a package by repurchase desire in text form regarding § 126 b BGB (§ 356 II BGB). In the case the customer refuses the acceptance of the correct delivered product nor any person will be there to the mentioned delivery date (§ 7.5) the customer comes in default of acceptance, in doubt his behaviour does not mean any implied resignation. (§ 356 BGB).

In this case the customer has to bear the costs of the failed delivery (§ 5.4).

9.8 Revocation right with regard to services:

In the case of contracts, particularly contracts regarding mobile phones, the consumer, if he is user regarding § 1.2. has got the right to cancel the contract in written form without any reasons within 4 weeks. The period starts with receipt of this instruction at the earliest. For the preservation of the revocation period the punctual despatch of the revocation is sufficient.

The revocation is to be sent to:

Sebastian Mücke
Schönhause Allee 101
D- 10435 Berlin

§ 10 Value and use substitute to be refunded of the customer

10.1 Provided that the customer makes use of his right of return acc. to § 9 and he has used the product between delivery and return, he has to refund the value of the uses drawn by him.

10.4 It is incumbent to the customer before the return of the product to unite the resale in order to establish beneficial condition of the product, particularly

- to delete situated data, programmes and passwords on data mediums

- to replace taken up consumption accessories, particularly to replace the top peel in the case of insignificant scratches or to recover the remote protection foil
- to give the product in the complete original packing with inside packing and – if delivered – with antistatic covering,
- to remouve recognizable use traces

§ 11 Guarantee

11.1 Provided that the customer is consumer the legal regulations are valid §13 - subject to the liability agreement (§§ 434 ff., 474 ff. BGB).

11.2 One, on delivery a faulty product (guarantee case) will already be replaced by an equal product or be repaired professionally next to Sebastian Mücke - at the expense of its own (§ 439 BGB).
In the case of the legal premises, the customer has the rights after § 437 Nr. 1-3 BGB subject to the limitation of liability according to §13.

A guarantee case is not present in the following cases:
- at damages which have resulted from abuse or improper use from the customer.
- the computer system of the customer is not able to process or to represent the data made by Sebastian Mücke
- at damages which have arisen that the products have been exposed to detrimental outer influences by the customer
(particularly extreme temperatures, humidity, unusual physical or electric use, voltage fluctuations, thunderstrike, static electricity, fire)

Sebastian Mücke does not guarantee for a fault which has arisen by an improper repair from a service partner who is not authorized by the manufacturer.

11.4 The cancelation is only possible in the case of a not insignificant defect (§ 323 V BGB); Claims for compensation insist also for consumers -- according only of § 13 (§ 475 III BGB).

§ 12 Limitation period
12.1 In the case of new articles, the legal guarantee toward consumers ends 2 years as of danger transition and at second-hand goods 1 year as of danger transition. If the customer is businessman a guarantee period of a year is also valid for new goods as of danger transition.

12.2. If the customer is a consumer, the limitation period starts with the receipt of the product, at businessmen with goods appropriation or handing over to the forwarding agency provided that run. The limitation period is not extended according to § 12.1 through a guarantee granted by the manufacturer if necessary.

§ 13 Liability on compensation
13.1 Sebastian Mücke is liable for breaches of duty done roughly negligently and deliberately, as well as for negligently body damages simply caused. Provided that the customer is a businessman, the liability is not limited on not deliberate actions on the foreseeable damage which is typically at contract end.

13.2 Sebastian Mücke - is only limited at ordinary negligence and is only limited on the foreseeable damage at contract end and at the injury of contract essential duties. This restriction does not apply to the injury of lives, body and health. Luxus-International - Sebastian Mücke - is not liable for other damages caused by a defect of the purchase. A possible liability because of a pre-contractual fault (c.i.c.) or after the product liability law remains untouched.

13.3 Independent of a fault of Sebastian Mücke, a possible liability remains untouched independent when hiding a defect cunningly or from the take-over of a guarantee or assurance. The manufacturer guarantee is a guarantee of the manufacturer and is not a take-over of a guarantee by Sebastian Mücke

13.4 Sebastian Mücke is also responsible for the impossibility of the delivery standing up during the delay by chance otherwise, the damage would have entered at a punctual delivery.

§ 14 Use of data

14.1 All person-related data will be treated at Sebastian Mücke strictly confidential. Personal customer data are given to third parties exclusively in order to carry out the orders. Only the respective necessary data will be given to the service provider, the distributor and the package or curing service.

The possibility of requiring information about the to the and these deleting insists to have it to correct or to close for

At any time, there will be the possibility to get information about the data saved about the person of ones own and to delete, correct or to close them for purposes of the advertising any time free of charge.

§ 15 Packing material, batteries

15.1 The packing materials sent by Sebastian Mücke can be disposed by the customer. However, it also exists the possibility, to return the used materials to Sebastian Mücke. Old batteries and accumulators also can be handed in by the customer at a public gathering point or everywhere there, where batteries and accumulators are sold or they can be returned to Sebastian Mücke.

§ 16 Others
16.1 All contracts concluded with Sebastian Mücke are under an express exclusion of the U.N. purchase right.

16.2. For all present and future claims from the business connection with businessmen including change and cheque demands the place of jurisdiction is the seat of Sebastian Mücke; the same is valid regarding the consumer, if the seller does not have a general place of resistence in the inland, contract he has changed his place of residence or ordinary whereabouts after conclusion of the contract.

16.3 In the business with other companies die common place of performance of the parties is the seat of Sebastian Mücke.
The common place of performance of the parties is the seat in the commercial traffic with enterprises of Luxus-International Sebastian Mücke.

16.4 Provided that the customer is a businessman, the general terms and conditions get contradicted of the inclusion of the general terms and conditions of the customer, in the case of a dissent in separate parts, the contract is not concluded. (§ 139 BGB).

16.5 In the case the buyer is consumer, declarations and complaints have to be given in written form to Sebastian Mücke. If the buyer is businessman, the declarations and complaints have to be given by registered-mail.

Contractual agreements or explanations of the user remain untouched of this regulation

16.6 If one of the preceding conditions should not be effective, this does not touch the validity of the other regulations

2007