Conditions of Use

of the

company Loadfish.com

Owner and legal representative: Georg Berhausen-Land

- in the paragraphs below called Loadfish.com

- for the full address of record of Loadfish.com and its legal representative Georg Berhausen-Land please see Imprint.


§ 1 Preamble

(1) The following Terms and Conditions shall apply exclusively to all contracts, deliveries  and other services in the version relevant at the date of order. The contract with the customer is solely based on these Terms and Conditions, that have been explicitly acknowledged by the customer. When concluding the contract with Loadfish.com the customer declares his consent with the Terms and Conditions by explicitly approving the Terms and Conditions provided on the websites www.Sax-Specials.com and Sax-Specials.de and downloading them as a document.

(2) We shall not acknowledge any conflicting or deviating terms and conditions of any other partner to the agreement unless we have expressly agreed in writing to their application.

(3) Loadfish.com may revise the Terms and Conditions at hand from time to time. Revised terms and conditions will apply from the date of their publication on our website. Please check this page regularly to ensure you are familiar with the current version.

§ 2 Conclusion of the contract of purchase

(1) Loadfish.com sells its products in small amounts. Larger orders have to be especially enquired for. The assortment of products presented on the websites of Sax-Specials.com and Sax-Specials.de is an inivitatio ad offerendum (invitation for placing an offer) and not an offer according to §§145 ff. BGB.

(2) The contract of purchase between the customer and Loadfish.com is effected as follows: By ordering the desired product via e-mail, fax or otherwise the customer places an offer according to §§145 ff. BGB to buy the product(s) from Loadfish.com. Upon receipt of the order the customer is notified via e-mail. This e-mail, however, is no formal declaration of acceptance of the customer's offer to conclude a contract of purchase. Loadfish.com reserves its right to accept the customer's offer within appropriate time via e-mail or by shipping the product according to the Terms and Conditions applying at the time the order was placed. An explicit acknowledgment of acceptance by Loadfish.com is not required. Insofar the customer waives the acknowledgement of acceptance of his offer
according to §§145 ff. BGB. In the case of large orders Loadfish.com reserves its right to demand a deposit.

(3) In the case of wrong details in the description of products Loadfish.com will notify the customer and submit an appropriate alternative offer. Minor changes and technical modifications compared to the images and descriptions shown on the website may occur.

(4) The order process can not be completed unless the customer has accepted our Terms and Conditions.

(5) The customer assures Loadfish.com of being at least 18 years old. Contracts with minors require prior approval of their parents. Loadfish.com is entitled to demand a declaration of approval from the customer at any time.

(6) The customer commits to giving full and accurate particulars. In case of subsequent changes of any details relevant to the contract the customer commits to notifying Loadfish.com of these changes without delay.

(7) Loadfish.com concludes contracts concerning download products effected via its websites www.Sax-Specials.com and www.Sax-Specials.de  with contract partners worldwide. Concerning hardware products Loadfish.com concludes contracts effected via its websites www.Sax-Specials.com and www.Sax-Specials.de  only with contract partners having their shipping address in Germany. For deliveries to other countries please contact us: contact (at) loadfish.com..

§ 3  Payment Date, Payment, Delay of Payment

(1) Loadfish.com accepts payment of its invoices only in the formats explicitly offered during the checkout process. All prices are inclusive of 19% statutory VAT and exclusive shipment.

(2) A payment shall be considered effective only when Loadfish.com can dispose of it.

(3)  Invoices for orders not placed via Internet must be payed within two weeks time, unless otherwise agreed in writing. Monies that remain outstanding by the due date will incur late payment interest at the rate of 5% above the prevailing European Central Bank's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. Loadfish.com explicitly reserves its right to claim a higher damage caused by delayed payment, insofar such damage has been caused an ascertained.

§ 4 Direct Debit Payment

Direct debit payment is not possible from foreign accounts for the time being and therefore restricted to customers with a bank account in Germany.

If the customer has chosen direct debit payment, the following shall apply:

(1)  The customer authorises Loadfish.com to collect all due payments from the account specified during checkout. Following the completion of the order the due payments will be collected from the specified account to the extent Loadfish has accepted the offer of the customer to conclude the contract of purchase.

(2) The customer shall furnish sufficient coverage in his account and make sure that the debit can be executed by Loadfish.com at all times.

(3) If direct debits have to be reversed, because the account specified by the customer has no suffiecient coverage or the customer withdraws his direct debit authorisation, the customer agrees to reimburse the fee for reversed debit note as well as a service charge of 10,00 €. The customer is free to prove that Loadfish.com has sustained less damage or no damage at all.

(4) In case the customer considers the sum of payment collected from his account by Loadfish.com as unjustified, the customer shall contact Loadfish.com immediately. After having been notified by the customer Loadfish.com will closely look into the matter and decide, if the customer is entitled to a refund of the collected sum of payment. If so, Loadfish will refund any money that was collected unjustifiably. After a direct debit reversal the customer can be charged with the fee for reversed debit note as well as a service charge of 10,00 €, if the reversal was not justified.

§ 5 Cancellation Policy

(1) Right of Cancellation Instruction: Any customer has the right to revoke their contractual statement in writing (e.g. letter, e-mail, fax) or by returning the goods without stating reasons within two weeks of receipt of the goods. The period shall begin no sooner than on the day of the receipt of this instruction. The cancellation deadline is deemed observed if the notice of order cancellation or the delivered goods are sent to Loadfish.com in due time. The effective date is the date of dispatch. The revocation is to be directed at:

Loadfish.com
Georg Berhausen-Land
Weinheimstrasse 11
D-53229 Bonn
Germany

Telefax-No.: +49 (0) 228 9083948
E-mail: gbl(at)loadfish.com

(2) Consequences of Cancellation: Upon asserting his right to cancel the order, the customer is obliged to return the goods received and to delete any copies of documents, films or other data. If the value of goods ordered is less than  40,00 €, the customer shall return the goods at his own expense, unless the goods delivered are not what the customer ordered or are of incorrect quantity. If the value of goods ordered is more than 40,00 €, the customer shall return the goods at his own expense if he has not payed the price or an agreed installment for the returned goods at the time of cancellation. The customer undertakes to return any benefits acquired through use or to provide compensation for value of the acquired benefit. The customer shall replace the value of the goods in case of their deterioration or destruction as a result of ordinary negligence or by accident. This does not apply if the deterioration has occured after product testing as it is possible in a retail store. ompensation can be avoided by refraining from using the goods like an owner and adversely affecting their value. Goods that are eligible for shipment as a parcel shall be returned via mail. Other goods will be picked up at the customer's home. Obligations to refund payments shall be fulfilled within 30 days after dispatch of the declaration of cancellation.

Special Note: An order for Loadfish.com products may not be cancelled if the products are tailored specifically to the individual requirements of the customer or if the delivered data carriers have been unsealed. The customer's right of cancellation expires early, if Loadfish.com has already begun to perform its services with the customer's explicit consent before the revocation deadline or after the customer has already induced these services (e.g. by download).

§ 6 Warranty

(1) In case goods delivered to the customer by Loadfish.com show any defects, the customer shall notify Loadfish.com without delay of the nature of these defects. At special request of Loadfish.com the customer shall dispatch the objectionable goods to Loadfish.com. for closer inspection. Insofar the goods show defects entitling to warranty rights, Loadfish.com will remedy the recorded defects or deliver goods without any defects. After successful subsequent performance of Loadfish.com, the customer shall return the goods delivered in the first place to Loadfish.com within 30 days. The return of defective goods conforms to the regulations of § 439 para. 4 and §§ 346 to 348 BGB. Loadfish.com reserves its right to claim compensation according to statutory provisions.

(2) If subsequent performance is connected with unreasonable expenses for Loadfish.com, then Loadfish.com shall be entitled to refuse subsequent performance depending on the value of the goods in proper condition, the seriousness of the defect and possible other ways of subsequent performance that will entail no relevant disadvantage for the customer. In this case the customer shall be entitled only to other ways of subsequent performance. Loadfish.com nevertheless reserves its right to decline these other ways of subsequent performance if respective statutory provisions apply. In all other cases warranty conforms to further statutory provisions.

(3) In case the goods delivered according to the contract of purchase are defective, the statutory provisions of §§ 434 ff. BGB apply. The assignment of entitlements of the customer under this contract shall be excluded.

(4) Further claims of the customer are excluded unless they result from the following paragraphs. Loadfish.com shall not be made liable for damages ocurred to the goods. Loadfish.com shall especially be not made liable for missed out profits and other financial losses on the side of the customer. This shall also apply for personal liability of employees, representatives and persons assisting in the performance of obligations of Loadfish.com.

§ 7 Termination of contract

(1) Loadfish.com reserves its right to terminate the contract with the customer without notice if the customer seriously infringes the contract. Loadfish.com especially reserves the right to terminate the contract if the customer has not paid money due in spite of an appropriate deadline set by Loadfish.com. In case of overpayment after offset against financial claims of Loadfish.com against the customer Loadfish.com will refund the difference. This shall, however, not affect the right of Loadfish.com to claim damages against the customer according §§ 280 ff. BGB.

(2) If the customer does not make the due payments or does not pay as agreed in the contract, Loadfish.com may terminate the contract after an appropriate deadline for subsequent performance has come to no avail. A deadline can be foregone if the customer has seriously and irrevocably refused to pay.

(3) Goods in stock are shipped as soon as possible. Delays in deliveries and services due to force majeure and other unforeseeable events which make it significantly difficult or impossible for Loadfish.com to perform the delivery and for which Loadfish.com is not responsible (e.g. non-grant of export, national measures for limiting trade, strikes, lockouts and other similar serious breakdowns) shall entitle Loadfish.com to postpone the delivery or service for a reasonable period. Failure to deliver on time for other reasons than stated above entitle the customer to set a reasonable deadline under threat of refusal to accept performance and, after the deadline has expired fruitlessly, to terminate the contract. If Loadfish.com cannot deliver on time because of incapacities on the side of producers or suppliers of the goods ordered, both Loadfish.com and the customer shall be entitled to terminate the contract, if the agreed on date of delivery is exceeded by more than two months. Loadfish.com shall be also entitled to terminate the contract if the performance Loadfish.com has agreed to deliver is not available. In this case the customer shall be immediately informed of the unavailability of the performance and refunded any payments furnished without delay.

(4) Any claims for damages of the customer shall be excluded, unless the damages are attributable to wilful intent or gross negligence on the part of Loadfish.com, its legal representatives or its vicarious agents. The aforementioned exclusion shall not apply to claims arising from loss or damage to life, body injury or illness.

§ 8 Refunds Policy

The customer shall not be entitled to set-off unless his counterclaims are legally assessed or not disputed by Loadfish.com. Moreover, the customer shall not be entitled to exert his right of retention unless the counterclaim are based on the same contract.

§ 9 Retention of Title

Loadfish.com shall retain the title to the delivered goods until all its claims based on the contract have been settled completely.

§ 10 Privacy Policy

Orders are processed with the help of automatic data processing. Loadfish.com shall store and process the data transferred by the customer in connection with the contract and necessary for
processing the order in accordance with statutory provisions on data protection (Teledienstdatenschutzgesetz).

§ 11 Place of Jurisdiction

If the contractor is a merchants, a body corporate organised after common law or a public fund asset, the place of jurisdiction for any disputes arising directly or indirectly out of this contract is the address of record of Loadfish.com.

§ 12 Final provisions

(1) These Terms and Conditions were originally issued in the German language and the German version shall apply. The English translation shall serve to the better understanding of foreign buyers only.

(2) Should any provision of these conditions of purchase or any provision in the context of other agreements be invalid or become invalid, the validity of the other provisions or agreements shall remain unaffected. Any invalid provisions shall then be replaced by provisions that come as close as possible to the invalid provisions agreed on earlier and the economic interests of both parties.


Yours,

Loadfish.com, Owner Georg Berhausen-Land, Weinheimstrasse 11, 53229 Bonn, Germany