General Terms of Business

Who is OLARIUS GmbH?
OLARIUS GmbH is the general agency of TA-ZE concept and products in Germany.

Your contract agent is OLARIUS GmbH, represented by its general managers Fuad Genc and Yusuf Pekerkan, Immermannstr. 13, 40210 Düsseldorf, Phone: +49 (211) 9350132, Fax: +49 (211) 9350150.

General, Validity
  1. All business relationship between Olarius GmbH (hereinafter referred to as „OLARIUS“) and its customers (hereinafter referred to as "orderer") is based solely on the following General Terms of Busines in the version valid at the time the order is placed.
  2. OLARIUS hereby expressly objects to any divergent General Terms of Business of the orderer.
  3. The payment and delivery conditions as well as the disclaimer are a part of these General Terms of Business.
Conclusion of the contract
  1. The order of the customer represents an offer to OLARIUS to conclude a sales contract. After having received the order OLARIUS will inform the orderer about the receipt of his order by e-mail (order confirmation). The order confirmation does not represent an acceptance of the offer of the orderer. The sales contract is closed when OLARIUS accepts the offer. The acceptance is effected by sending the delivery confirmation by e-mail or by delivering the goods. The right of withdrawal of the customer l remains unaffected.
  2. OLARIUS has the right to cancel the contract when OLARIUS does not receive the goods correctly and/or in due time from its suppliers. However, a right to withdraw from the contract does not exist when OLARIUS is responsible for the unavailability of the goods. The orderer will be informed immediately about the unavailability of the goods. The considerations of the orderer will be refunded without delay. Then, the customer has no right for compensation for this reason. The same is applicable, when due to force majeure or other occurrences it is difficult or impossible to deliver the goods and OLARIUS is not responsible for that. These occurrences include: fire, flood, labour disputes, operational breakdowns, strikes and official instructions, which cannot be counted to our business risk.
  3. Should an article not be available, OLARIUS reserves the right to offer a delivery of a substitute of the same value with regard to price and quality. The orderer has the right to accept or reject this offer.
  4. OLARIUS reserves the right to limit the order amount to small amounts. OLARIUS reserves expressly the right to cancel the orders of obvious resellers, especially for goods on sale.
Cancellation of an order
You are entitled to cancel your contract declaration with OLARIUS free of charge within two weeks without further reason in text form (i.e. by letter, fax or email) or by returning the goods. The time limit starts with the receipt of the goods and with this advice at the earliest. For the protection of the term the timely sending of the cancellation or the goods is adequate. The cancellation or the return of the goods have to be addressed to: OLARIUS GmbH, Immermannstraße 13, 40210 Düsseldorf - Fax: +49 (211) 9350150 or by email to:

Consequences of the cancellation:
In case of an effective cancellation, the benefits received on both sides have to be returned and utilizations (i.e. advantages for use) released. In case you should not be able to return the delivered goods completely or partly or in declined conditions only, you have to pay compensation of the goods. Incidentally, you can avoid the need to pay compensation by not using the goods as if you are the owner and to refrain from actions that impair their value. Transportable goods have to be returned. We cannot accept the return of perishable goods; these include foods, if they have been opened respectively fractured.

You have to bear the costs for the return shipment, if the delivered goods correspond to goods ordered and the value of the goods being returned does not exceed the amount of 40 Euro or in case of a higher price of the goods at time of cancellation you have not made already the payment or a partial payment as provided in the contract. Otherwise the return shipment is free of charge.

End of the declaration.

Prices, costs
  1. The prices are final prices and include the German value added tax valid at the day of issuing the invoice.
  2. The orderer has additionally bear the packing and delivery costs of the ordered goods according to the delivery conditions valid at time of placing the order. These costs are listed respectively at the delivery conditions of the ordered products as well as at the order confirmation.
Conditions of payment
  1. The purchase price is due, when the order is accepted by OLARIUS. invoice is received or, in the case of cash on delivery, when the goods are received. The payment is to be made exclusively by the credit cards VISA or MASTERCARD when placing the order. In case of a partial delivery, the total amount of the order will already be due when receiving the first partial delivery. In case of incorrect respectively double invoicing, the amount of money overbilled will be remitted immediately to your account. Further compensations and interest are excluded.
  2. The possibility of cash discount deduction does not exist.
  3. Paymnets in advance or instructions for authorization to debit the credit card will be considered when issuing the invoice.
Delivery
  1. Deliveries are effected according to the delivery conditions valid at time of placing the order to the delivery address indicated by the orderer. Details concerning delivery times shall not be binding unless, a binding guarantee of the delivery date has been given by OLARIUS. The standard delivery time does not exceed 7 working days.
  2. Deliveries are made solely to Germany.
  3. If the orderer is in default of acceptance or if he violates other duties to cooperate, OLARIUS shall be entitled to demand compensation for resulting damages, including any possible extra expenditure. Further claims shall be reserved.
  4. The danger of an incidental loss or an incidental deterioration of the object of the contract is transferred to the customer at the moment at which he is in default of acceptance.
  5. OLARIUS is entitled to make partial deliveries on a reasonable scale. In such a case, the orderer solely has to bear the forwarding charges, which might have occured in case of the total delivery of the goods ordered.
Retention of title
The property in any goods supplied shall remain with OLARIUS until full payment for those goods. The customer is not entitled to make use of goods subject to retention of title.

Warranty
In case of defect of the ordered goods, the statutory provisions set out in the German Civil Code (BGB) section 434 are valid.

Liability
  1. OLARIUS shall be liable without limitation to pay compensation wilful or grossly negligent damage.
  2. Liability for slight negligence only exists for harm to life, body and health as well as to the infringements of cardinal obligations. In case of negligent infringements of cardinal obligations, the liability is restricted to damages foreseeable and typical for this type of contract.
  3. A legal liability regardless of negligence or fault (i.e. according to German Product Liability Act) or a liability from an acceptance of a guarantee remain unchanged.
  4. The legal representatives, employees and auxiliary persons are not further liable as OLARIUS itself.
Data protection
The orderer has been informed in detail by OLARIUS in the data protection about manner, extent, place and intention of the collection, processing and use of his personal data as necessary for the implementation and the support The orderer accepts explicitly the collection, processing and use of the personal data.

Protection of minors
    OLARIUS intends to make business only with persons who are full of age, absolutely contractually capable and natural or legal. The orderer undertakes to ensure that the acceptance of the delivery of the goods will be made only by himself or by a person full of age authorized by the orderer. The orderer releases OLARIUS from third party claims which may occur by the infringement of obligations of the orderer according to figure 1.
Claims, applicable law, legal venue, severability clause
  1. The orderer can send his claims in written to: OLARIUS GmbH, Immermannstraße 13, 40210 Düsseldorf (Fax: +49 (211) 9350150) or by email to and .
  2. The place of performance for mutual benefits resulting from this contract will be agreed upon the registered office of OLARIUS GmbH.
  3. For the business relationship between the orderer and OLARIUS the Law of the Federal Republic of Germany shall apply. The United Nations Sales Law is hereby excluded. This shall also apply if the orderer places an order from abroad or if goods are delivered to an address outside Germany.
  4. In case the orderer is a registered merchant in terms of the German Commercial Code (HGB) or a legal person of the public law or separate estate under public law, then the place for jurisdiction for all disputes arising from the contractual relationships hereunder is solely the place of performance. The same place of jurisdiction applies when the orderer does not have a general place of jurisdiction in the Federal Republic of Germany.
  5. In the event that one or several of these terms of business are invalid, this shall not affect the validity of the remaining provisions.
OLARIUS GmbH
September 2007