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. Shipping and Delivery Conditions
- 6. Proprietary reservation
- 7. Liability for Defects (Warranty)
- 8. Applicable law
- 9. Information on online dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Bastian Benjamin Brüsecke (hereinafter referred to as “Seller”) shall apply to all contracts made by a consumer or entrepreneur (hereinafter referred to as the “Customer”) Goods and / or services. 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 shall be 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 are not binding offers from the seller, but serve as a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and having completed the electronic ordering process, the customer makes a legally binding contract offer with regard to the goods and / or services contained in the shopping basket by clicking on the button closing the order process , Furthermore, the customer may also submit the offer by telephone, e-mail or postal service to the seller.
2.3 The seller can accept the offer of the customer within five days,
- By sending a written order confirmation or an order confirmation in written form (e-mail) to the customer, in which case the receipt of the order confirmation by the customer is decisive; or
- By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
- By requesting the customer to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. 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 The deadline 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.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller and sent to the customer in text form (eg e-mail or letter) after sending his order together with these terms and conditions. In addition, the contract text is archived on the website of the seller and can be retrieved free of charge by the customer via his password-protected customer account, indicating the corresponding login data provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Before binding the order via the Seller’s online order form, the customer can correct his / her input continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting are generally carried out via 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.
4) Prices and terms of payment
4.1 Unless stated otherwise 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 Various payment options are available to the customer, which are stated in the seller’s online shop.
4.3 If prepayment has been agreed, the payment is due immediately after conclusion of the contract.
4.4 In the case of payment by means of a method of payment offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) PayPal Terms of Service, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions of payment 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. By way of derogation from this, PayPal shall be deemed to be the delivery address provided by the customer at the time of payment at PayPal.
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 item is defective, the provisions of the statutory liability for defects shall apply.
7.2 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 legal or contractual deficiency claims.
8) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Information on online dispute resolution
In the first quarter of 2016, the EU Commission will provide an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended as a point of departure for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
The OS platform will be accessible under the following link: http://ec.europa.eu/consumers/odr