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. terms of delivery and dispatch

6. retention of title

7. liability for defects

8. applicable law, contract language

9. alternative dispute resolution

 

 

1) Scope of application

 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Edith Blöcher (hereinafter referred to as "Seller") apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j para. 5 sentence 1 BGB (German Civil Code). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

 

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

 

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

 

 

2) Conclusion of contract

 

2.1 The customer may send a non-binding request to submit an offer to the seller by telephone, e-mail or post. At the Customer's request, the Seller shall send the Customer a binding offer in text form (e.g. by e-mail, fax or letter) to sell the goods previously selected by the Customer from the Seller's product range.

 

2.2 The Customer may accept this offer by submitting a declaration of acceptance to the Seller by telephone, e-mail or post, or by paying the purchase price offered by the Seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer shall not be included in the calculation of the deadline. The date of receipt of payment by the Seller shall be decisive for acceptance by payment. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday or a public holiday recognised by the state at the registered office of the customer, the next working day shall take the place of such a day. If the customer does not accept the offer of the seller within the aforementioned period, the seller is no longer bound to his offer and can again freely dispose of the goods. The seller shall again specifically draw the customer's attention to this in his offer.

 

 

 

3) Right of revocation

 

3.1 In principle, consumers are entitled to a right of withdrawal.

 

3.2 Further information on the right of revocation can be found in the seller's revocation instructions.

 

 

 

4) Prices and terms of payment

 

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs shall be stated separately in the Seller's offer.

 

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, 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 may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

 

4.3 The customer will be informed of the payment option(s) in the seller's offer.

 

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

 

4.5 If the payment method "PayPal" is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

4.6 If the method of payment delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced.

 

4.7 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the order volume exceeds the stated order volume. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.

 

 

 

5) Delivery and shipping conditions

 

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.

 

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall 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 had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller's revocation policy shall apply to the return costs.

 

5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller's registered office after consultation with the seller. In this case no shipping costs will be charged.

 

 

 

6) Retention of title

 

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

 

 

 

7) Liability for defects

 

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

 

7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.

 

 

 

8) Applicable law, contract language

 

8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

 

8.2 The contract language is German.

 

 

 

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 contact point 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 resolution procedure before a consumer arbitration board.

 

Translated with www.DeepL.com/Translator

 

Translated with www.DeepL.com/Translator

5) Conditions and Terms of Shipment

5.1 The delivery of goods takes place on the dispatch way to the address of delivery given by the customer, unless otherwise agreed.

5.2  If the transport company sends back the dispatched goods to the vendor, because a feed with the customer was not possible, the customer carries the expenses for the unsuccessful dispatch. This applies not if the customer carries out his right of withdrawal effectively, if he does not have to represent the circumstance which has led to the impossibility of the feed or if he was prevented temporarily accept the offered performance, unless the vendor had announced to him the performance an appropriate time before.

5.3  With selfcollection the vendor informs the customer first by e-mail about the fact that the by him ordered goods are ready to the collection. On receipt of this e-mail the customer can fetch the goods after arrangement with the vendor in the seat of the vendor. In this case no forwarding expenses are calculated.

 

6)  Retention of Title

Goes the vendor in payment in advance, he reserves itself the property in the supplied goods up to complete payment of the owed purchase price.

 

7)  Liability for Defects

7.1 If the purchase thing is faulty, the rules of the legal liability for defects are considered.

7.2 The customer is asked to complain delivered goods with obvious damages in transit to the postman and to inform the vendor from here.

 

8)  Applicable right, contract language

8.1  The right of the Federal Republic of Germany is considered to all legal relations of the parties under exclusion of the laws about the international purchase of mobile goods. With consumers this legal choice only in this respect, as not the granted protection by compelling regulations of the right of the state in which the consumer has his usual stay, is taken away.

8.2  The contract language is a German.

 

9)  Information to Online Dispute Resolution

The EU commission provides in the Internet under the following link a platform to the on-line quarrel settlement:  http://ec.europa.eu/consumers/odr

This platform serves as a drop-in centre for the settlement out of court of disputes from on-line purchase or service contracts in which a consumer is involved.

9.2.The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

 

 

 

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