Terms of Service
Stand: V1.3 (13.06.2019)
§ 1 General, Scope
1.2. All agreements made between us and the customer in connection with an order via the online shop are laid down in the purchase contract, these terms and conditions, the order confirmation sent by e-mail and in any order confirmation sent by the seller after the customer's order , With his order, the customer acknowledges the terms and conditions valid at the time of the order, in which he confirms the validity of these terms and conditions before concluding the order by activating a corresponding button. Terms used by the customer are not part of the contract. The data for an order can be retrieved permanently in the online shop via a customer account that may have been set up by the customer. We also send each customer the order data including these terms and conditions with the order confirmation after receipt of the order. Any other storage of data by us for the customer is not.
1.3. We reserve the right to make changes or additions to these terms and conditions at any time. However, the customer's order will be executed according to the GTC in effect at the time of the order. Earlier orders are not affected by changes or additions to these terms and conditions.
1.4. The sole contract language is German. If translations into languages other than German have been made by these GTC or other contractual statements and documents, only the German version is relevant for the parties.
1.5. Our offers are exclusively for persons with unlimited legal capacity. Persons limited in the ability to work (for example, young people before the age of 18) can only use our services with the consent of the legal representative.
1.6. Illustrations, drawings as well as other materials which belong to our offers ("product information"), serve basically the general presentation of the commodity. Changes and errors in product information are reserved until the order is placed. Subject to the provisions of § 11, we are not contractually liable for the fact that the goods sold to the customer in the configuration chosen by the customer are compatible with each other and can be used without defects together or with other facilities of the customer. As warranted by the seller, only those characteristics of the goods that have been expressly designated as warranted properties by us in writing (eg letter, e-mail) shall apply.
§ 2 Conclusion of contract
2.1. Our offers are always without engagement and non-binding, unless we have expressly designated an offer in writing (eg letter, e-mail) as binding. If we designate an offer as binding, we shall be bound thereto for a period of thirty days from the receipt of the offer by the customer.
2.2. The representation of the goods in the online shop is not a legally binding request for the conclusion of a purchase contract by the seller, but only a non-binding online catalog. In order to place an order in the online shop, the customer first has to place the desired goods in the virtual shopping cart. Then he can go to the "cashier" and there, if necessary after setting up a customer account, enter the data required for the conclusion of the contract, which can be changed by the customer at any time until the completion of the order. Only with the click on the button "Buy" the customer gives to the seller a legally binding request for conclusion of a sales contract.
2.3. The receipt of the order, we confirm the customer in accordance with § 312i paragraph 1 sentence 1 No. 3 BGB immediately by e-mail ("order confirmation"). With the order confirmation, no sales contract is concluded yet. The contract of sale is only concluded if, within a maximum of five calendar days after receipt of the customer's order, we accept it with a written order confirmation (eg letter, e-mail) or provide the goods for shipment to the customer; In this case, the customer waives the receipt of the declaration of acceptance according to § 151 p. 1 BGB. Otherwise
ls the request of the customer expires.
2.4. If the customer in the past violated these terms and conditions or violated contractual obligations to the seller, we reserve the right not to carry out future orders without advance notice.
§ 3 Rescission of the contract and breach of duty by the buyer
3.1. We reserve the right to rescind the purchase contract in the event that (a) we are unable to deliver the goods ordered by the customer without fault of our own, because the seller 's supplier has not fulfilled his contractual obligations, or Goods ordered by the customer for a period of at least one month for reasons beyond the control of the seller (malfunction caused by fire, water or earthquake, breakdown of relevant production equipment and machinery, strike and lockout, lack of energy or transportation, war or official intervention) is available. In this case, we will inform the customer immediately that the goods ordered by him are not available. Should we then make use of the right of withdrawal, we will refund any payments already made by the customer at this time without delay and for the customer free of charge. The legal rights of the customer remain unaffected.
3.2. If the customer does not fulfill the obligations incumbent on us from a purchase contract, in particular (a) in which the customer does not pay the purchase price, or (b) returns the goods after expiry of the cancellation period, although no claims for defects (§ 9) are given the seller, before the customer, a processing fee of 20% of the value of the respective order, but at least 50, - EUR, to bill, unless the customer proves that the seller by the breach of duty of the customer damage in general is not incurred or the damage incurred is much lower than the processing fee. Further claims of the seller remain unaffected.
§ 4 prices
4.1. For the ordered goods the prices are valid on the day of the order, which are again mentioned in the order confirmation. All prices include VAT and plus any delivery and shipping costs, customs duties and COD charges (§ 8.3).
4.2 The prices, illustrations and possible color deviations are subject to errors and misprints
4.3 All prices are in Euro, incl. 19% VAT.
§ 5 Means and conditions of payment
5.1. Payments are generally accepted as advance payment by bank transfer or PayPal, cash on collection, invoice or by means of a voucher (s) (§ 6). In order to use the PayPal payment service, the customer must be registered or registered with PayPal (www.paypal.de). If he has deposited his bank account or credit card number with PayPal, he pays in our online shop by entering his e-mail address and his password.
5.2. Money orders, checks or bills of exchange are not accepted by us.
5.3. The invoices provided by us are due immediately and payable without deduction. The payment is considered to be made when we have the payment amount. The customer shall be in default if he fails to do so within thirty days of the due date and receipt of an invoice or similar payment schedule and has been informed of this in the invoice or similar payment schedule. In case of default, we are entitled to charge default interest for consumers in the statutory amount.
5.4. The customer is only entitled to offset if the counterclaims have been legally established, acknowledged by the seller or are undisputed; this does not apply if the customer claims the defect against the seller from the same contract. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same sales contract.
§ 6 vouchers
6.1. In our online shop we offer vouchers for purchase, which can be used in accordance with these conditions as a means of payment in the context of purchases of products offered in the online store. The voucher value will be credited to the invoice amount for this purpose. The value of a voucher corresponds to the value of the means of payment accepted by us (§ 5) with which it is acquired.
6.2. The voucher is sent to the customer after receipt of payment in the form of a greeting card by e-mail and contains a coupon code.
6.3. The purchase of the voucher is basically free.
6.4. The entry of the coupon code via an input field at the designated and marked point in the ordering process and leads to the crediting of the coupon value on the invoice
6.5. In order to redeem a voucher, the purchase value must be at least equal to the value of the voucher. Residual credit on a voucher can therefore not remain.
6.6. Several vouchers can not be redeemed at the same time - ie within an order process.
6.7. A cash payment of the (residual) value of a voucher is excluded.
6.8. Our vouchers are not personal. Customers can freely transfer them to third parties and pass them on to third parties. In this case, the customer agrees to no longer use a coupon code that has become known to him or to make him known to other people.
6.9. The vouchers must be redeemed at the latest by the end of the third year, from the date on which the voucher was issued or transmitted with the voucher code (§ 807 BGB, §§ 793 Abs. 1 BGB, §794 BGB, §796 BGB and §797 BGB). After expiry of this period, a voucher loses its validity and expires.
6.10. The customer is obliged to keep the coupon code secret and only to inform him of persons to whom he / she wishes to transfer the voucher or to whom he / she wishes to give the coupon.
11.6. We assume no liability for the loss, theft or misuse of a voucher after the greeting card has been handed over or transmitted to the customer with the voucher code.
§ 7 Retention of title
The goods ordered by the customer remain the property of the seller until full payment of the purchase price. In the case of access by third parties to the reserved goods, the customer must point out our ownership and notify the seller immediately.
§ 8 Delivery Terms / Delivery Times / Costs
8.1. The delivery times stated in the online shop for the individual goods apply.
8.2. We deliver the goods ourselves or under orders from third parties to the delivery address stated by the customer when ordering, subject to a different agreement with the customer at ground level to the curb (in case of delivery by freight carrier) or up to the first door (in case of delivery by parcel service). The delivery and shipping costs (§ 8.3) are borne by the customer; this also applies if partial deliveries are made at the instigation of the customer and this increases the shipping costs compared to a total delivery.
8.3. The shipping and delivery costs associated with an order are listed in the product descriptions for the products offered as well as in the order confirmation and any order confirmation. If in addition to the shipping costs customs duties or other costs as delivery costs (packaging, insurance and processing costs) should additionally be incurred, they must always be borne by the customer; this also applies if the delivery should otherwise be free of charge.
8.4. Shipping is always insured. We request that any damages visible on receipt of the goods, including those on the packaging, be confirmed by the respective shipping company in writing (eg letter, e-mail). In the case of obvious damage to the goods, the customer has a duty to give notice, failure to comply with which may result in the loss of claims for damages (§ 9).
8.5. If the goods ordered by the customer are wholly or partially out of stock and for this reason delay the delivery of the goods, we will inform the customer immediately in writing (eg letter, e-mail). In this case, the seller is entitled to partial deliveries to an extent that is reasonable for the customer. Additional shipping costs are borne by the seller in this case. This does not affect the legal claims of the customer due to default.
8.6. The customer can pick up the goods in exceptional cases, as an alternative to shipping, at our location. For this purpose, the goods will be held ready for collection by the customer from the date stated in the order confirmation. If a pickup is not made within one week after the delivery, the customer is in default of acceptance. In the event of default of acceptance, we reserve the right to withdraw from the contract for a reasonable period of grace set by us for the customer, and to charge a processing fee of 5 for the further storage of the goods until collection by the customer or our withdrawal % of the value of the goods, but at least 50, - EUR. The customer reserves the right to prove that we did not incur any processing costs at all or that this is significantly lower than the processing fee. Further claims of the seller remain unaffected.
8.7. The sales volume corresponds to the commercial sales volumes in the private environment.
§ 9 Liability for defects
9.1. For the rights of the customer in case of material and legal defects, the statutory provisions shall apply, unless otherwise stated below.
9.2. The customer is obligated to notify the seller in writing (eg letter, e-mail) of obvious defects of the goods, in particular also transport damages, within two weeks from receipt of the goods; the notification is deemed timely if the customer has sent the message to us within the specified period. After expiry of this period, the assertion of claims for damages due to the defects apparent upon receipt of the goods is excluded. The further claims for defects (in particular supplementary performance, reduction and withdrawal) shall remain unrestricted to the customer, even if he has not fulfilled the obligation to notify us of obvious defects. Other than obvious defects, the customer must notify the seller in writing within two weeks of discovery. If the customer does not comply with this obligation, the claims for defects are also unconditionally due to these defects.
9.3. Should it have come to the seller by the omitted notification of the defects according to § 9.2 to disadvantages, we reserve ourselves the assertion of claims for damages because of the omitted communication against the customer. However, this does not affect the statutory warranty claims of the customer, unless claims for damages according to § 9.2 are exceptionally excluded.
9.4. We are not liable for damages that are not caused to the goods themselves and also not for other financial losses such as lost profits. Incidentally, the liability of the seller is limited to the typically foreseeable damage.
9.5. Notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material and legal defects in used goods is one year from delivery; this does not apply to claims for damages. By the way, it remains with the statutory limitation periods.
9.6. The assertion of claims for defects is free of charge for the customer; any expenses of the customer are borne by us (§ 439 Abs. 2 BGB). If the customer asserts claims for defects and after examining the notice of defects it becomes apparent that we are not responsible for the defect asserted by the customer, the expenses incurred by us to examine the defect notification shall be reimbursed by the customer. This does not apply if the customer is not responsible for the unjustified notification of defects, in particular the customer could not recognize that the alleged defect is not our fault.
9.7. If the goods are replaced by the seller or the manufacturer in the context of supplementary performance, the limitation period for claims for defects shall not be extended. § 203 BGB remains unaffected.
9.8. The foregoing limitations of liability and the shortening of the limitation period for used goods do not apply to damages that are (a) based on intentional or grossly negligent breach of contract and malice of the seller, a legal representative or a vicarious agent of the seller, (b) for damage to life, body and health (c) for damage caused by the absence of a quality guaranteed by us, (d) for damages covered by liability under the Product Liability Act, and (e) for the assertion of claims for damages, if the goods sold are newly manufactured goods.
9.9. Any warranties by the manufacturer or the seller beyond our statutory liability for defects shall remain unaffected by the above provisions. Likewise, the customer's statutory warranty claims are not affected by any guarantees. For information about any warranties, please refer to the product documentation. In addition, our customer service is available to the customer; Telephone number, e-mail address and availability are always available in the online shop.
9.10. We point out that the goods offered by us are usually products that require installation or installation by a suitable specialist company and are unsuitable for self-assembly by a layman. However, if the customer himself or a third party undertakes the installation or installation of the goods without having the requisite specialist knowledge, this may result in the customer being liable for the resulting damage. Therefore, we strongly advise against self-assembly without the required specialist knowledge and assume no liability for this except in the cases specified in this § 9.
§ 10 Return of the goods
10.1.1. If you have questions about the return, please contact our customer service (§ 9.9) and keep the order number ready for your order.
10.1.2. You bear the immediate costs of returning the goods. For goods that can not normally be returned by post due to their nature, these amount to a maximum of EUR 150.00 within Germany, a maximum of EUR 300.00 within the EU without islands and a maximum of EUR 400.00 on intra-European islands.
10.1.3. If possible, return the goods in their original packaging. Use packaging suitable for safe transport including sturdy outer packaging. Include a copy of the invoice or delivery note with the return. This applies accordingly to a pickup of the goods by a forwarding company.
§ 11 Choice of Law; Alternative Dispute Resolution and Jurisdiction
11.1. German law applies to the exclusion of UN sales law and conflict of laws; Art. 3 EGBGB remains unaffected. By way of exception, in the case of transactions with consumers residing in the European Union, the law applicable to the consumer's place of residence may also be applicable in the case of mandatory consumer protection provisions.
11.2. The European Commission provides an online dispute resolution platform (OS platform), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to seek the settlement of their disputes to the General Consumer Arbitration Body of the Center for Mediation e. V., Strassburger Str. 8, 77694 Kehl, Germany, https://www.verbraucher-schlichter.de. We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.
11.3. The place of jurisdiction is Mönchengladbach, if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or habitual residence from the country after conclusion of the contract or the domicile or habitual residence of the customer is not known at the time the complaint is filed.
§ 12 General provisions
12.1. Communication with the customer is usually via e-mail.
12.2. Changes to the contract with the customer, including these terms and conditions, as well as any contractually related declarations by the customer or seller, must be in the written form (eg letter, e-mail).
12.3. The transfer of rights and obligations to which the Customer is entitled under a contract concluded with us requires the consent of the Seller, which may only be denied for good cause. This applies in particular to warranty claims of the customer against the seller.
§ 13 Information according to the battery law
The scope of delivery of the goods we sell may include batteries. As an end user, the customer is legally required by the Battery Ordinance to return all used batteries. The customer must therefore return batteries that he has bought from us free of charge at the public collection points in his immediate vicinity or return them to the seller. Batteries to which the customer is obliged to return are each identified by signs consisting of a crossed-out wheeled bin and the chemical symbol of the heavy metal (Cd for cadmium, mercury mercury or lead for lead) that determines the classification as pollutant.
§ 14 Ethical principles
When submitting motifs and texts, for the production of a garage cover, we reserve the right to process only images and texts that do not contradict the liberal democratic constitution of the Federal Republic of Germany. We do not process images and texts which: pornographic, discriminating, violence glorify; Flags and symbols include those that are currently not internationally recognized (UN) or not approved in the Federal Republic of Germany. We only enroll persons over the age of 18 who have given us express written consent. Furthermore, we reserve the right, in case of cancellations only to refer to this paragraph of our general terms and conditions and to make any further statements.
§ 15 Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness and completeness of the information provided on our website. Liability claims against the author, which refer to damage
material or idealistic kind, which were caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded in principle, provided that the author is not demonstrably intentional or grossly negligent. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
§ 16 References and links
For direct or indirect references to external websites ("hyperlinks"), which lie outside the area of responsibility of the author, a liability obligation would come into force only in the case in which the author has knowledge of the contents and it would be technically possible and reasonable to prevent the use in case of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked / linked sides, which were changed after the link setting. This statement applies to all links and references within the own Internet offer as well as to foreign entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases on whose contents external writing accesses are possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information presented, the provider of the page referred to, and not the one who only links to the respective publication, is liable.
§ 17 Copyright and Trademark Law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts , All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to conclude that trademarks are not protected by rights of third parties! The copyright for published, created by the author objects remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
§ 18 Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet offer, from which reference was made to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.