General terms and conditions with customer information
1. Scope of application
2. offers and descriptions of services
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment terms
7. reservation of title
8. warranty for material defects and guarantee
10. storage of the contract text
11. final provisions
1. Scope of application
1.1. For the business relationship between Eurohell Design, Daniela Brodmann & Holger Lüttel GbR, Hahnenstraße 18, 30167 Hannover, Germany (in the following “Seller”) and the customer (in the following “Customer”), the following General Terms and Conditions of Business in the version valid at the time of the order shall apply exclusively.
1.2. You can reach us for questions, complaints and objections by phone at +49 (0)176 – 433 66 566 or at any time by e-mail at email@example.com.
1.3. Consumer in the sense of these terms and conditions is every natural person who concludes a legal transaction for a purpose which can be attributed predominantly neither to his commercial nor his independent professional activity (§ 13 BGB).1.3.
1.4. Any deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online store is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted in the products. Errors excepted in all other respects.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. Afterwards, the customer can proceed to the conclusion of the order process by clicking on the button “Continue to checkout”.
3.2. By clicking the button “order payable” the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The Seller will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out by using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer’s order and does not constitute acceptance of the application. The sales contract is only concluded if the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.4. If the seller allows an advance payment, the contract is concluded with the provision of the bank data and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the Seller shall withdraw from the contract with the consequence that the order is null and void and the Seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore at the most for 10 calendar days.
4. Prices and shipping costs
4.1. All prices listed on the seller’s website are final prices plus shipping costs. In accordance with § 19 UStG the seller does not charge sales tax and therefore does not show this (small business status).
4.2. In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. In the case of shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with your order, which will not be paid or invoiced by the seller, but are to be paid directly by the buyer to the relevant customs or tax authorities. Details must be obtained by the buyer from the relevant authorities.
5. Delivery, availability of goods
5.1. If advance payment has been agreed upon, the delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the Buyer or should the delivery not be picked up and returned to the Seller despite storage at the branch or collection station, the Seller may withdraw from the contract. Any payments made will be refunded to the customer without delay, minus the shipping costs.
5.3. If the ordered product is not available, because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods during and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
6.5. The Customer’s obligation to pay interest on arrears does not exclude the Seller from claiming further damages caused by the delay.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7.1. The delivered goods remain the property of the seller until full payment has been received.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee for the goods delivered by the seller only exists if it has been expressly given. Customers will be informed about the warranty conditions before the order process is initiated.
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding any other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee for the quality of the product has been given and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The Seller will also send the Customer an order confirmation with all order data to the e-mail specified by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions of Business together with instructions on the right of revocation and information on shipping costs as well as terms of delivery and payment. If the customer has registered in our store, he can view his orders in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
11. Final provisions
11.1. Place of jurisdiction and place of performance is the seller’s registered office, if the customer is a merchant, legal entity under public law or special fund under public law.
11.2. The contract language is german.
11.3. European Commission Platform for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. The seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.