General terms and conditions with customer information
Table of contents
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of campaign vouchers
- Applicable law
- Alternative dispute resolution
1.1 & thinsp; These general terms and conditions (hereinafter referred to as & quot; GTC & quot;) of Nestler & amp; Glandt GbR (hereinafter referred to as & quot; seller & quot;), apply to all contracts relating to the delivery of goods that a consumer or entrepreneur (hereinafter & quot; customer & quot;) has with the seller with regard to the seller’s ufer completes the goods displayed in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 & thinsp; A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed ; can be attributed to the activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 & thinsp; The product descriptions contained in the online shop of the seller do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 & thinsp; The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. </ P >
2.3 & thinsp; The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer’s receipt of the order confirmation is authoritative, or
- by delivering the ordered goods to the customer, whereby the customer’s receipt of the goods is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 & thinsp; When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract is concluded and sent to the customer in text form after his order has been sent (e.g. e-mail, fax or letter). The seller does not make the text of the contract accessible beyond this.
2.6 & thinsp; Before verbiAfter submitting the order via the seller’s online order form, the customer can identify 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, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 & thinsp; The German and English languages are available for the conclusion of the contract.
2.8 & thinsp; Orders are processed and contact is usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order 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 to process the order can be delivered.
3) Right of withdrawal
3.1 & thinsp; Consumers have a fundamental right of withdrawal.
3.2 & thinsp; More detailed information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 & thinsp; The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and who do not have their sole place of residence and delivery address at the time of the conclusion of the contract of the European Union.
4) Prices and terms of payment
4.1 & thinsp; Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 & thinsp; For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which the customer is responsible for are wearing. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer pays from a country outside the European Union undertakes.
4.3 & thinsp; The payment option (s) is / are communicated to the customer in the seller’s online shop.
4.4 & thinsp; If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 & thinsp; The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
5.2 & thinsp; If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 & thinsp; If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is passed on to the customer as soon as the seller sells the item has delivered to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller sends the goods to the forwarding agent, the freight carrier or the other e.g.has delivered a specific person or institution to carry out the shipment if the customer instructs the freight forwarder, the freight carrier or the person or institution otherwise appointed to carry out the shipment with the execution and the seller instructs the customer to do so Has not previously named the person or institution.
5.4 & thinsp; The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 & thinsp; In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.
6) Reservation of title
6.1 & thinsp; In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 & thinsp; The seller retains ownership of the goods delivered to entrepreneurs until all claims from an ongoing business relationship have been settled in full. </ p >
6.3 & thinsp; If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application has been made to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
7.1 & thinsp; If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 & thinsp; If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Defect claims are excluded if the defect is only one year after delivery the goods occurs. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 & thinsp; The limitations of liability and shorter deadlines set out in the preceding paragraphs do not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller fraudulently concealed the defect.
7.4 & thinsp; In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to & sect; 445b BGB remain unaffected.
7.5 & thinsp; If the customer acts as a merchant within the meaning of & sect; 1 HGB, he is subject to the commercial examination and revision obligation according to & sect; 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.
7.6 & thinsp; If the customer acts as a consumer, he is asked to clear the delivered goods with obviousTo complain about transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for compensation for damages and expenses as follows:
8.1 & thinsp; The seller is unrestrictedly liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of willful or negligent harm to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 & thinsp; If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless otherwise specified. the preceding paragraph is liable without limitation. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and which the customer regularly enables ; & rsquo; ily trust.
8.3 & thinsp; Otherwise liability of the seller is excluded.
8.4 & thinsp; The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 & thinsp; If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer has the seller all for the processing to provide the necessary content such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated as a result, in particular copyrights, trademarks and personal rights.
9.2 & thinsp; The customer exempts the seller from claims by third parties that they may make in connection with a violation of their rights through the contractual use of the customer’s content by the The seller can assert this against this. The customer also bears the reasonable costs of the necessary legal defense, including all court and lawyer fees, at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately and truthfully inform the seller. and to fully provide all information necessary for the review of claims and a defense.
9.3 & thinsp; The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or good Violate morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and / or glorifies violence.
10) Redemption of campaign vouchers
10.1 & thinsp; Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter & quot; Promotional vouchers & quot;) can only be redeemed in the seller’s online shop and only within the specified period.
10.2 & thinsp; Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
10.3 & thinsp; Campaign vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
10.4 & thinsp; Onlya campaign voucher can be redeemed.
10.5 & thinsp; The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
10.6 & thinsp; If the value of the campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 & thinsp; The balance of a campaign voucher is neither paid out in cash nor is interest paid.
10.8 & thinsp; The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9 & thinsp; The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity or lack of authorization of the respective owner.
11) Applicable law
11.1 & thinsp; The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn.
11.2 & thinsp; Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address at the time of the conclusion of the contract lie outside the European Union.
12) Alternative dispute resolution
12.1 & thinsp; The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 & thinsp; The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so.
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