General terms and conditions with customer information
Table of Contents
1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Terms of delivery and delivery
6. Retention of title
7. Liability for Defects (Warranty)
8. Applicable law
9. Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the various. - Skorupka & Löcken GbR (hereinafter referred to as "Seller") shall apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the seller regarding the goods presented by the seller in his online shop. This is without prejudice to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent a binding offer by the seller, but serve as a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping basket by clicking the button closing the order process. Furthermore, the customer may also submit the offer by e-mail to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by requesting the customer for payment after submitting his order.
If more than one of the alternatives mentioned above is present, the contract shall come into force at the time when one of the above alternatives occurs first. The time limit for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 When submitting an offer via the seller's online order form, the seller saves the contract text and sends it to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. However, the customer can not retrieve the contract text after sending his order via the website of the seller.
2.5 Before binding the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, by means of which the display on the screen is enlarged. The customer can correct his inputs within the framework of the electronic ordering process by using the usual keyboard and mouse functions until he clicks the button closing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the order processing department can be sent.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instruction.
3.3 The right of revocation shall not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices, which include the statutory value-added tax. If applicable additional shipping and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in a particular case which are not the responsibility of the seller and which must be borne by the customer. This includes, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (eg duties). Such costs may also arise in respect of the transfer of money even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the customer in the seller's online shop.
4.4 If prepayment is agreed by bank transfer, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms of the conditions for payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
5) Delivery and shipping conditions
5.1 The goods shall be delivered by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, the performance had announced a reasonable time before.
5.3 Self-collection is not possible for logistical reasons.
6) Proprietary reservation
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 By way of derogation, the period of limitation for claims for warranties of used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year does not apply
- for items which have been used for a building according to their usual usage and which have caused its defect,
- claims for damages and expenses for the use of the customer;
- in the event the Seller has maliciously concealed the defect.
7.3 The customer is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual deficiency claims.
8) Applicable law
8.1 The law of the Federal Republic of Germany shall apply to all legal relations of the parties under the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn.
8.2 In addition, this legal choice with regard to the right of revocation does not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
9) Alternative dispute settlement
9.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer sacking agency.