Terms of service
GENERAL TERMS AND CONDITIONS with customer information
Table of Contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution
10. Payment methods
11. Redemption of gift cards
1.1 These general terms and conditions ( hereinafter "GTC") of Bernd Widmann (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods displayed by the seller in his online shop concludes. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither can be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of a contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer Submit an 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.
2.3 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 order confirmation is received is decisive for the customer, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer 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.
2.4 When submitting an offer over the online order form of the seller, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions. However, the contract text can no longer be called up by the customer via the seller's website after submitting his order recognize 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.
2.6 The German and English languages are available for the conclusion of the contract Available.
2.7 Order processing and contact are 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 third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4 ) Prices and terms of payment
4.1 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 incurred are specified separately in the respective product description.
4.2 The payment option(s) is / are communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, the 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 The delivery of goods takes place on the shipping route to from Delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For return costs, if the customer exercises his right of withdrawal, the provisions in the seller’s instructions on withdrawal apply.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is requested to return goods with obvious transport damage to complain to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties The law of the Federal Republic of Germany applies to the exclusion of 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 has his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Payment methods
10.1 PayPal (credit card, Las tschrift, transfer)
If you select this payment method, the next step is to forward you to PayPal. If the required data has been entered there, it automatically goes back to this shop to complete the order.
10.2 Against prepayment
Simply transfer the total amount to our account without further deductions - the required Bank information (for foreign countries also IBAN and BIC) can be found below after the order on the screen as well as in your email order confirmation. The dispatch takes place after receipt of payment. Please indicate the order number and the name of the customer from your confirmation of receipt as the intended use - thank you!
11) Redemption of gift cards
11.1. Gift cards that have been purchased via the Seller's online store ("Gift Card") can also only be redeemed in the Seller's online store.
11.2. Gift cards can only be redeemed before completing the order process. A subsequent redemption does not take place.
11.3. Gift cards can only be redeemed for the purchase of goods.
The purchase of additional gift cards can not be paid by gift cards.
11.4. If the value of a gift card is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
11.5. Balances on gift cards are not paid out and do not earn interest.
11.6. Gift cards are generally transferable.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.