V. Transfer of Risk

1. Upon delivery of the goods to the carrier, the risk transfers to the customer.

2. We cover the transport with transport insurance. The costs are included in the general mailing expenses

VI. Warranty

1. The customers’ warranty rights (claims for defects) require that the goods be inspected promptly upon receipt and that a written notice regarding visible defects be made immediately after the inspection and promptly after discovery in the case of hidden defects (§§ 377,378 German Commercial Code).

2. All of those parts that exhibit a material defect, may be replaced by a new delivery. Protecting his rights, the customer has to send back the defective item in its original packing: diva berlin, Münzstr. 16, D-10178 Berlin.

3. Claims for defects do not arise to the extent there are only insignificant deviations in quality.

4. We are not liable for damages which have not been arisen at the delivered good; particularly we are not liable for the customers’ loss of profit or other pecuniary loss.

VII. Claims for Damage Compensation and Liability Based on other Grounds

1. We are liable only for damages based on an intentional or grossly negligent breach of duty or malice by us within the statutory provisions.

2. Further, we are also liable for damages that are caused by simple negligence to the extent the negligence concerned to the breach of contractual obligations, the fulfillment of which was of particular importance to achieving the purpose of the contract (cardinal obligation). In this case liability is limited to foreseeable, typically arising damages. For the rest our liability is barred according to VI number 4.

3. Where our liability is excluded or limited, it also applies to the personal liability of our employees, representatives and agents for whom we are vicariously liable and our responsibility for their behavior.






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