Terms of Service
§1 General scope of application
1. The following general terms and conditions apply to all business relations between the seller and the buyer (customer). The valid version is valid at the time of conclusion of the contract (order).
2. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into, without which a commercial or independent professional activity can be fulfilled. Entrepreneurs in the sense of self-employed activity are natural and legal persons or legal partnerships with which business relations are entered and which are engaged in the pursuit of a commercial or independent professional activity.
Customers within the meaning of these terms of business are both consumers and entrepreneurs.
3. Deviating, conflicting or supplementary General Terms and Conditions shall not be a contractual component, even if they are known, unless their validity is expressly agreed in writing.
§ 2 Contract conclusion
1. The offers of the seller are permissive. Technical and other changes are reserved within the scope of the reasonable.
2. With the order, the customer declares his contractual offer binding. The seller will immediately confirm the receipt of the order of the customer. The acknowledgment of receipt does not constitute a binding acceptance of the order yet. However, confirmation of receipt may be accompanied by a declaration of acceptance.
3. The seller is entitled to accept the contract offer in the order within three days after receipt by the seller. The seller is also entitled to reject the acceptance of the order after examining the creditworthiness of the customer. The seller is entitled to reduce the order to a household quantity
4. The conclusion of the contract is subject to the proviso, also in case of incorrect or improper self-supply, also not or only partially. In the event of non-availability or partial availability of the service, the customer will be informed immediately. The consideration will be refunded, if already paid.
5. The contract text is stored by the seller and is sent to the customer by e-mail after conclusion of the contract.
§ 3 Reservation of ownership of online shopping contracts
1. As a rule, ownership of the seller's goods is immediately transferred to the buyer, since the delivery is usually only made in advance. The following regulations shall apply to exceptional cases in which payment is received prior to payment.
2. In the case of consumers, the seller reserves the right to ownership of the goods until payment is complete. In the case of a company, the seller reserves the ownership of all claims arising from a current business relationship.
3. Until the transfer of ownership to the buyer, the customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer has to carry it out regularly at his own expense.
4. Until the transfer of the property to the buyer, the customer is obliged to notify the seller immediately of any third party's access to the goods, eg in case of a pledge, as well as any damage or the destruction of the goods. The customer must notify the seller immediately of any change in ownership of the goods as well as his own change of residence.
5. The seller is entitled to rescind the contract and demand the goods if the customer is in breach of contract, in particular in the case of a delay in payment or in the event of a breach of an obligation pursuant to sections 3 and 4 of this provision.
6. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to the seller the claim in the amount of the invoice amount, which is due to him by the resale against a third party. The seller accepts the assignment. After the assignment the entrepreneur is entitled to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur fails to meet his payment obligations and is in default of payment.
7. The handling and processing of the goods by the contractor is always carried out in the name and on behalf of the seller. If the goods are not processed, the seller acquires a co-ownership of the new item in proportion to the value of the goods delivered by the seller, as well as to other processed items. The same applies if the goods are mixed with other items not belonging to the seller.
§ 4 Revocation instruction
1. Right of revocation
If the customer is a consumer, he can revoke his contractual declaration (order) within one month without stating reasons in text form (letter, fax, e-mail) or by returning the goods.
The period begins at the earliest on the day after the goods have been received by the customer and the customer has received a text in the form of a separate written notice of revocation. The timely dispatch of the revocation or the goods is sufficient to meet the deadline.
In case of possible withdrawal, please contact:
Rathaus Str 29; D-22941 Bargteheide;
Fax +49 4532 9751869
The right of revocation does not apply:
In the case of contracts concerning the supply of goods made according to customer specifications. In the case of goods which are clearly tailored to the personal needs of the customer, such as logos of the customer on the product or on the packaging. In the case of goods which are not suitable for return due to their nature.
In the case of an effective revocation, the services already received must be returned and any benefits (eg interest) drawn. If the customer is not able to return the received performance, not wholly or only partially, or in a deteriorated condition, he has to make a verifiable sentence. This does not apply to the transfer of goods if the deterioration (or the destruction) of the goods is attributable solely to their examination as it might have been possible in a store business or the deterioration of the goods has resulted from the intended use
Parcel dispatched items must be returned, with the risk of shipment being borne by the buyer. The customer bears the cost of the return if the delivered goods corresponds to the ordered and if the price of the returned goods does not exceed an amount of 50, - or if the customer at a higher price of the thing at the time of the revocation not yet The consideration or a contractually agreed partial payment. Otherwise, the return for the customer is free of charge. If only part of the order has been revoked, the shipping costs will be reimbursed on a pro rata basis. Goods which can not be delivered by the customer will be collected at the customer's premises or ordered by a forwarding agent at the expense of the seller.
§ 5 Remuneration
1. The offered price is binding. The statutory value-added tax is included in the price for consumers and can be indicated separately at the customer's request insofar as the goods are not subject to the differential taxation pursuant to § 25a para. 2 UStG or as far as not for other reasons, eg. In the case of commission transactions - a separate document is excluded.
For entrepreneurs, the prices are net and apply plus the statutory value added tax. By submitting the VAT identification number of a company resident in the EU, the delivery and settlement is made without the calculation of the statutory value-added tax. In the case of other deliveries to the Community territory, the value-added tax, which is valid at the time of delivery, is calculated and reported.
In the case of dispatch, the selling price is understood plus the shipping costs which, if not stated differently in the offer or otherwise requested by the customer, is currently 6.90, - for an insured package.
The customer does not incur any additional costs for the use of the remote communication equipment. The customer can pay the price by cash on delivery, invoice (only with prior special written agreement), Paypal or prepayment. The seller is free to exclude one or more forms of payment.
2. The customer is obligated to pay the purchase price on invoice, after receipt of the service within 7 days the amount plus the shipping costs. After this period the customer is in default of payment
During the period of default, the consumer shall bear interest on the interest rate of 8% above the base rate. The vendor reserves the right to prove and assert a higher arrears.
3. The customer has a right to offset only if his counterclaims have been legally established and recognized by the seller. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Reimbursement of the purchase price upon return
1. Immediately, but at the latest within two working days after the goods have been returned, the Seller will reimburse the purchase price paid and any costs incurred for returning the goods. For this purpose the customer has to announce his account connection in good time, at the latest with the return.
2. A claim for reimbursement of the entire purchase price does not exist if the value of the goods by use, which exceeds the usual examination of the goods, as would have been possible for the customer also in a shop business, by damage of the goods or their packaging or Due to other circumstances for which the customer is responsible. In this case, the seller will make an appropriate deduction for the impairment in the individual case. Should the value reduction of the purchase item be so substantial that the seller is not resale of the goods or only possible with unacceptable losses, a return of the purchased item is in principle excluded.
§ 7 Transfer of risk
1. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer upon dispatch of the goods.
2. In the case of contractors, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the contractor upon delivery, with the delivery of the goods to the freight forwarder, the freight carrier or the person or institution otherwise intended to carry out the dispatch.
3. When downloading and sending data via the Internet, the risk of the loss and alteration of the data passes to the customer when the network interface is exceeded.
4. The surrender shall be deemed equal if the customer is in default of acceptance.
§ 8 Warranty
1. Consumers have the choice of whether the supplementary performance is to be carried out by means of rework or replacement delivery. The vendor is entitled to refuse the type of the selected supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
In the event of a defect, the seller shall, at our option, repair or replace the goods.
2. If the rectification fails, the customer may, at his discretion, demand reduction of the compensation (reduction), cancellation of the contract (cancellation) or compensation instead of performance. If the customer chooses compensation instead of performance, then the limitations on liability pursuant to § 9, points 1 and 2 apply. In the case of minor defects, however, the customer is not entitled to rescind the contract.
3. Entrepreneurs shall notify the seller of obvious defects within a period of one week from receipt of the goods in writing, otherwise the assertion of the warranty claim shall be excluded. In order to meet the deadline, timely sending of the advertisement is sufficient. The entrepreneur shall bear the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and the timeliness of the defect notification.
4. The warranty period for consumers is two years from the delivery of the goods. The guarantee period for entrepreneurs is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.
§ 9 Limitation of liability and exemption
1. In case of slightly negligent breaches of duty, the Seller's liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breach of duty by the legal representatives or vicarious agents of the seller.
We shall not be liable to the Company for minor negligent breach of non-essential contractual obligations.
2. The above limitations on liability do not affect the customer's claims arising from product liability.
3. If the seller allows access to other websites with links, the seller is not responsible for the content contained therein. The seller does not adopt the foreign content as its own. If the seller is aware of illegal contents on the external websites, the seller will immediately block access to these pages.
4. The customer indemnifies the seller from all the disadvantages that may arise to the seller by third parties due to the injurious actions of the customer - whether deliberately or negligently.
§ 10 Data Protection
1. The customer shall be informed of the nature, scope, location and purpose of the collection, processing and use of the personal data necessary for the execution of orders as well as his right of revocation to use his anonymous usage profile for the purpose of advertising, market research and the needs of the customer Service. The seller assures that the personal data will be used only for purposes which serve the purpose of settling the business underlying these general terms and conditions. The seller reserves the right to contact the seller in the course of the transaction in the case of product developments that are of interest to the customer. The seller excludes the transfer of the data to third parties.
2. The customer expressly agrees to the collection, processing and use of personal data. He has the right to revoke the consent at any time with effect for the future.
§ 11 Force majeure
1. In the event that the seller can not provide the due performance due to force majeure (especially war, natural catastrophe), the seller is exempt from the obligation to perform for the duration of the hindrance. If the seller is unable to execute the order or delivery of the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.
The customer is not entitled to any other rights in this context.
§ 12 Final provisions
1. The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice shall apply only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
The determination of the UN purchase right does not apply.
2. If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. This shall be the case if the customer does not have a general court of jurisdiction in Germany or if his domicile or habitual residence is not known at the time the complaint is brought.
Should individual provisions of the contract with the customer including these general terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected thereby. The wholly or partly ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective.
Court of Hamburg
As of 01.01.2017