GTC

General terms and conditions of business

1. Scope

For all orders placed through our online shop by consumers and businesses, the following terms and conditions apply.

A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor its independent vocational activity. Entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

Compared to entrepreneurs, these Terms and Conditions also apply to future business relations, without that we would again refer to them. The contractor used contrary or supplementary Terms will whose validity hereby rejected; they are only part of the contract if we have expressly agreed.

2. Contractor, Contract

The contract of purchase is concluded with Christian Charchulla.

The presentation of products in our online shop is not legally binding offer, but a noncommittal online catalog.

You may place an order to purchse goods advertised for sale by putting our products into your shopping cart. You will have an opportunity to correct your order before sending your binding order any time, by using the intended and explained proofing tools. 

By clicking the order button you place a binding order for the goods in your shopping cart. Immediately after your binding order, you receive an automated email with the confirmation of your ingoing order and an acceptance of this order. With this e-mail confirmation of the purchase agreement has been concluded.

A binding contract may also previously be concluded, if you choose the payment method PayPal. The contract is concluded on the date/time of your payment through PayPal.

The contract can be concluded in either German or English.

We store the contract text and will send you the order data and our GTC via e-mail. The terms and conditions can be viewed and downloaded from this page at any time here. The details about your recent orders can be found via customer login.

3. Delivery

Nor are added shipping costs in addition to those specified product prices. For details on the amount of shipping you will learn in the offers.

All goods will be delivered by shipping. Pick up of the goods is not possible.

We do not deliver to packing stations.

4. Payment

In our shop you can use the following payment methods:

Payment in advance

With the advance payment, we will provide our bank details in the order confirmation and deliver the goods after we have received you payment.

Paypal

You pay the invoice amount through the online provider Paypal. You must be registered there or you have to register, legitimize with your access and confirm the payment instruction to us. For more information, please contact the ordering process.

5. Retention of title

The goods remain our property until full payment.

For entrepreneurs applies in addition: We reserve the title to the goods until full settlement of all claims from an ongoing business relationship. You may resell the conditional goods in the ordinary course of business operations; all arising from this resale receivables contact - regardless of a connection or mixing of the goods with a new thing - in the invoice amount to us in advance from, and we accept this assignment. They remain to collect the claims authorized, however, we may also collect receivables even if they do not meet their payment obligations.

6. Transport damages

For consumers applies: goods with obvious transport damages are delivered, please complain such mistakes as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal rights and their enforcement, especially your warranty rights no consequences. However, they help us to make our own claims against the deliverer or transport insurance.

Applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we the have passed the goods to the deliverer, carrier or another person or institution to execute the dispatch. Among merchants applies § 377 HGB, there are the duties of inspection and complaint regulated. Refraining from the notification, that § 377 HGB  provision prescribes , the goods shall be deemed approved, unless it concerns a defect, which was not recognizable with the investigation. 

This does not apply, if we have fraudulently concealed a defect.

7. Warranties

Unless expressly agreed otherwise below, the statutory liability for defects law applies.

For consumers, the limitation period for warranty claims for used items is one year from date of delivery.

For entrepreneurs the statute of limitations is one year from the transfer of risk; the statute of limitations for the right of recourse according to § 478 BGB remain unaffected.

With regard to companies deemed agreement on the nature of the goods only our own data and the product of the manufacturer, which have been included in the contract. We accept no liability for any  public statements by the manufacturer or any other promotional statements.

If the (to entrepreneurs) delivered goods are defective, the retrifications of defects is done at our discretion by rectification of the defect (improvement) or delivery of a faultless item (substitute delivery).

The limitations and time reductions above do not apply to claims due to damages caused by us, our legal representatives or agents

  • for loss of life, limb or health
  • with intentional or grossly negligent breach of duty and fraudulent intent
  • for breach of contractual obligations, the fulfillment of which renders a correct execution of the  contract and on whose compliance the signatory can trust regularly (cardinal obligations)
  • as part of a guarantee promise, if agreed
  • the scope of the Product Liability Act is far opened.

Information on any applicable additional guarantees and their exact conditions can be found at each product and on special pages of information in the shop.

8. Liability

For claims due to damages caused by us, our legal representatives or agents, we are liable always unlimited

  • for loss of life, limb or health
  • in a willful or grossly negligent breach of duty
  • For any warranty promise, if agreed
  • the scope of the Product Liability Act is far opened.

For breach of contractual obligations, the fulfillment of which renders a correct execution of the contract and on whose compliance the contracting partner may regularly trust (cardinal obligations) due to slight negligence by us, our legal representatives or agents is the amount of liability to the foreseeable upon conclusion of damage limited, must be expected to incur typically.

Incidentally, claims for damages are excluded.

9. Final Provisions

Are you an entrepreneur, then German law applies, excluding the CISG.

Are you a merchant according to the German Commercial Code, a legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising from contractual relationships between us and you our place of business.

° English Translation from Allgemeine Geschäftsbedingungen (AGB):

AGB kostenlos erstellt mit Trusted Shops Rechtstexter in Kooperation mit Wilde Beuger Solmecke Rechtsanwälte.

Conditions created for free with Trusted Shops right copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

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