Terms and consumer information in the context of contracts for the sale of goods between Ulrich Schreistetter – Concluded – as the "provider" – and the customer – in the "Customer" below.
§ 1 Scope and general notes
Subject to individual understandings and agreements, which take precedence over these Terms and Conditions, apply to the business relationship between the provider and the customer, the following general terms and conditions in force at the time of the order. Conflicting terms and conditions of the customer specifically does not apply unless the provider agrees to their validity in writing.
The customer is a consumer, if the purpose of the goods and services ordered can not be attributed to his commercial or independent professional activity. In contrast entrepreneur is any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity at the conclusion of the contract.
§ 2 Conclusion of contract
Once the seller has received the order from the customer, the customer receives a confirmation of his appointment offered, usually by e-mail (order confirmation).
Ordering in the web shop of the provider works as follows:
The customer can select products from the range of agency and these "Add to Cart" in a so-called cart collect on the button. Click on the button "Send order" it is a binding order for the goods in the basket. Before submitting the order, the customer can change the data at any time and view. The order, however, can only be placed and delivered when the customer by placing a tick in the box "I accept the terms and conditions (GTC)" terms of this Agreement and has accepted to include in his order.
The provider then sends the customer an automatic order confirmation via e-mail, in which the customer's order is listed again and the customer can print using the "Print".
§ 3 Contract, quality, delivery, availability of goods
The contract covers the part of an order specified by the customer and the order and/or order confirmation goods and services to the retail prices listed in the webshop. Mistakes and errors there are reserved, especially with regard to the availability of goods.
The nature of the goods ordered arising from the product descriptions in the webshop. Pictures on the website give the products may only inaccurately; especially colors may differ materially due to technical reasons. Images are for reference only as illustrative material and may differ from the product. Technical data, weight, dimensions and specifications are given as accurately as possible, but may have the usual deviations. The properties described here do not represent defects in the products delivered by the supplier.
If not available from the designated customer in the order product only temporarily, the provider shall notify the customer, this also immediately in the order confirmation. If delivery is delayed by more than four weeks, the customer has the right to rescind the contract. In addition to that, the provider is entitled to withdraw from the contract in this case. In addition he will refund any payments already made by the customer immediately.
§ 4 Retention of title
Until full payment the goods supplied remain the property of the provider.
§ 5 Delivery, pricing, shipping
The delivery (delivery to the shipping company) made immediately after receiving the money (to pay by bank transfer), otherwise, immediately after the order confirmation.
All prices that are stated on the vendor's website, are inclusive of legal value added tax.
The appropriate shipping charges to the customer in the order and shall be borne by the customer.
The order will be shipped by mail or package delivery.
§ 6 Payment arrangements, compensation and retention
The customer can make the payment by bank transfer, cash or PayPal.
The payment of the purchase price is payable immediately upon conclusion of the contract and payable within 14 days after receipt of invoice. If this period is exceeded, the goods remain with the seller. The contract is void.
The customer may only offset counterclaims that the judicially established, undisputed or acknowledged in writing by the seller. A lien can only be exercised by the customer, if the claims from the same contractual relationship with the underlying result.
The Provider is entitled to claim in the contract or after a reasonable advance. For a purchase order value of over 600.00 EUR an advance payment of 35% must be made. The advance payment is payable immediately upon conclusion of the contract and payable within 14 days after the initiation of the order. If this period is exceeded, the goods remain with the seller. The contract is void.
§ 7 Defects Warranty, Warranty
The supplier is liable for defects in accordance with the applicable statutory provisions, especially §§ 434 ff BGB.
No guarantee is made for the goods delivered by the seller only if it has been expressly stated in the order confirmation to the respective article.
§ 8 Liability
The customer's claims for damages are excluded. This does not include claims for damages of the customer arising from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . The compensation is limited in each case to the negative interest. Damages for consequential damages is excluded to the extent they are not based on intent.
In case of breach of fundamental contractual obligations referred to in paragraph 1, the provider shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer resulting from injury to life, body or health.
May Essential contractual obligations referred to in paragraph 1, the liability for breach of obligations whose fulfillment is essential to the proper execution of the contract in the first and the observance of customer trust regularly.
The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are asserted directly against these claims.
The provisions of the Product Liability Act remain unaffected.
§ 9 Right of revocation of the consumer
If the customer is a consumer, and he has concluded a contract with the seller the exclusive use of distance communication, in particular, by telephone, e-mail or fax, or via the website, he has the right of withdrawal described below.
The customer has to bear the cost of returning the goods if the delivered goods correspond to the ordered.
No right of withdrawal is exceptionally
if the customer has purchased the products purchased offered for the purpose of his commercial or independent professional activity (in this case the customer is not a consumer)
for products that have been manufactured according to the specifications of the customers individually for him or clearly tailored to personal needs (special).
– Conditions –
You can cancel your contract within 14 days without giving reasons in writing (eg letter, email) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations according to
Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing.
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. Can you give us the performance received whole or in part, or only return them in an impaired condition , you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter , beyond testing the properties and functioning . By "testing the properties and functioning" refers to the testing and trying out the goods , as it is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods correspond to the ordered . Obligations to reimburse payments must be fulfilled within 30 days . The period begins for you when you send your cancellation or the goods, for us with their reception.
– End of Conditions –
§ 10 Notes on Data
The provider collects in the execution of contracts data of the customer. He observes the statutory provisions. Without the consent of the customer the supplier will only collect, process or use inventory and usage data of the Customer, so far as is necessary for the execution of contracts.
Without the consent of the customer, the provider will not use customer data for purposes of advertising, market research or opinion polls.
§ 11 Place of performance and jurisdiction
Place of performance and place of jurisdiction, also for check and bill payments, Karlskron is in Bavaria.
As far as when the customer is an entrepreneur, a legal person under public law or public special property, jurisdiction is the place of establishment of the provider.
§ 12 Final provisions
In contracts between the provider and the customer, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.
Insofar as the customer is a merchant, a legal entity under public law or public special assets, place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the office of the provider.
The contract remains binding legal force of individual items, the remaining parts.