General terms and conditions with customer information
(The following terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions).
Scope of application
Offers and service descriptions
Order process and conclusion of contract
Prices and shipping costs
Delivery, availability of goods
Terms of payment
Retention of title
Warranty for material defects and guarantee
Storage of the contract text
Place of jurisdiction, applicable law, contractual language
1. scope of application
1.1 For the business relationship between MARCELLO C., owner: Marcell Kainz, Luciastrasse 19, 52146 Würselen, Germany (hereinafter referred to as "Seller") and the Customer (hereinafter referred to as "Customer") the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections on workdays from 9:00 a.m. to 6:00 p.m. by phone at +49 (0) 2405 475353 and by e-mail at firstname.lastname@example.org.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Otherwise, errors are reserved.
3. order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart]. The customer can then click on the [Continue to checkout] button within the shopping cart to complete the order process.
3.2 By clicking the [Buy] button, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer's order and does not constitute acceptance of the application. The sales contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.4 If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 If advance payment has been agreed upon, delivery shall be effected after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3 Should the delivery of the goods fail through the fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. terms of payment
6.1 The customer can choose from the available payment methods within and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.
6.5 The Customer's obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.1 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed of the guarantee conditions before the ordering process is initiated.
9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
9.2 The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions of Business together with the revocation instruction and the notes on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. data protection
11.1 The seller processes personal data of the customer for the intended purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) will be used by the Seller for the fulfilment and processing of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to request information free of charge about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a legal obligation to retain data.
12. place of jurisdiction, applicable law, contractual language
12.1 Place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 Contract language is German.