TERMS AND CONDITIONS (GTC)
§1 SCOPE OF APPLICATION, SPECIFICATION
These general terms and conditions of sale (hereinafter referred to as GTC) apply to all contracts concluded between us via our online shop http://www.benweide.com (hereinafter referred to as online shop), who:
Ben Weide Berlin GmbH
Managing Director Benjamin Weide
Register number Berlin HR B 193070 B
Register court district court Berlin-Charlottenburg
... and you as our customer (hereinafter referred to as "customer").
The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
The version of the terms and conditions valid at the time the contract is concluded is decisive.
Our terms and conditions apply exclusively. We do not accept deviating conditions of the customer unless we have expressly agreed to their validity in writing. Our terms and conditions also apply exclusively if we carry out the delivery without reservation in the knowledge of deviating conditions of the customer.
Our terms and conditions also apply to all future business with the customer.
§2 CONCLUSION OF CONTRACT
If the contract is concluded, the contract is concluded with Ben Weide Berlin GmbH named in Section 1.
The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods by clicking the order button, the customer submits a binding offer to conclude a purchase contract.
Before the binding submission of the order, the customer can return to the website on which the customer's information is recorded and correct or correct input errors by pressing the "Back" button in the Internet browser used by him after checking his details Close the internet browser and cancel the order process.
The contract is only concluded when we submit a declaration of acceptance, which is sent in a separate email. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation ). You can view the terms and conditions at any time at http://benweide.com/agb.html. For security reasons, your order details are no longer accessible via the Internet.
If the delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and immediately reimburse you for any consideration already received.
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Ben Weide Berlin GmbH, Rolandufer 18, 10179 Berlin, firstname.lastname@example.org) of your decision to do so by means of a clear declaration (e.g. a letter sent by post, fax or email) To withdraw from the contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of revocation: If you revoke this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer , have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
In the event of cancellation, the customer bears the direct costs of returning the goods in accordance with Section 357 (6) of the German Civil Code. These also include return costs incurred if the goods cannot be returned by normal post due to their nature.
Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
Please note that the modalities mentioned in the preceding paragraph 4 are not a prerequisite for the effective exercise of the right of withdrawal.
We are entitled to withdraw from the contract:
if the customer has given false information about his creditworthiness, or
if, due to a circumstance for which we are not responsible, it is not possible to purchase the object of purchase on our own in accordance with the contract or the delivery with reasonable expenses is opposed to performance obstacles that cannot be overcome.
In the event of withdrawal, we will inform the customer immediately of the unavailability and immediately reimburse the consideration received.
Transport and outer packaging are not taken back.
§5 DELIVERY TERMS
Delivery will be made to the agreed address.
If the customer has chosen to pay in advance, we will not send the goods before receipt of payment.
Delivery times are subject to correct and timely self-delivery, unless we promise binding delivery times. The start of the written delivery time specified by us assumes that all questions about the product have been clarified.
In the event of unauthorized non-acceptance of the delivered goods, costs and damage are borne by the customer. Returns of delivered goods will not be accepted without our prior consent.
With regard to liability for damage caused by delay, the limitations of liability in accordance with Section 12 apply accordingly.
If the customer is in default of acceptance or if he violates other obligations to cooperate, we are entitled to demand the damage we incur including any additional expenses. We reserve the right to make further claims and to object to the contract not being fulfilled. In this case, the risk of accidental loss or accidental deterioration of the purchased item is also transferred to the customer at the point in time at which the customer is in default of acceptance.
We are entitled to make partial deliveries insofar as this is reasonable for the customer. In the case of a partial delivery, you may incur shipping costs for the first partial delivery, in deviation from § 6. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery
For goods that are returned unused and undamaged with our consent, we reimburse 70% of the value of the goods after deducting all freight and other costs. However, this does not apply if the goods are returned as a result of withdrawal or cancellation by the customer.
§6 PRICES AND SHIPPING COSTS
All prices in our online shop are gross prices including statutory sales tax.
Our prices are exclusive of packaging and shipping. The packaging and shipping costs are specified in our price information and our online shop. The price including sales tax and any packaging and transport costs will also be displayed in the order label before you submit the order.
The deduction of discount etc. requires a separate agreement.
§7 PAYMENT TERMS
The customer has the option of paying in advance, direct debit and credit card.
If the customer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. Target purchase always requires a special written agreement. When paying by bill of exchange or check - which must be agreed in advance - the customer is also obliged to assume any discount and bill charges, etc.
Unless otherwise stated in the declaration of acceptance, the purchase price is due immediately upon conclusion of the contract. Default occurs if the customer does not pay within two calendar weeks of receipt of the invoice. Merchants within the meaning of the HGB are obliged to pay appropriate interest from the due date.
Reminder costs will be charged with at least 3.00 euros, unless you can prove lower damage. However, this does not apply to reminders that give rise to default.
In the event that the purchase price is deferred, interest shall be paid on the amount of default interest (see item 3).
In the event of payment difficulties on the part of the customer (e.g. default in payment, protest of a check or bill of exchange), we are entitled to make all outstanding, including deferred invoice amounts due immediately and to request the return of bills of exchange accepted on account of payment, cash payments or a security deposit. In such a case, any agreed discounts and rebates do not apply.
If advance payments or security deposits are not made on time, we can withdraw from the contract after unsuccessful setting of a deadline or refuse further deliveries and services and assert claims for non-performance.
When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.
§8 SET-OFF AND RIGHT OF RETENTION
The customer is only entitled to set-off if we have recognized the claim or the claim is undisputed or has been legally established.
The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract. The right of retention relates to the individual purchase and not to a possible summary in an invoice.
§9 RESERVATION OF TITLE
The delivered goods remain our property until the purchase price has been paid in full (including sales tax and shipping costs).
If the customer is not a consumer, we are entitled to withdraw from the contract in accordance with the statutory provisions and / or to demand the return of the goods due to the retention of title if the customer acts in breach of contract, in particular in the event of default in payment. The request for surrender does not also include the declaration of withdrawal; we are rather entitled to only demand the goods and to reserve the right to withdraw. If the customer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.
In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 ZPO. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the loss we incur. However, this only applies if these costs are based on the customer's culpable behavior in breach of contract.
The customer is entitled to further use the purchased item in the ordinary course of business.
In this case, the following additional provisions apply:
- The retention of title extends to the full value of the products resulting from the processing, mixing or combination of our goods, whereby we are considered the manufacturer. If the ownership rights of third parties remain in the event of processing, mixing or combining with goods of third parties, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In addition, the same applies to the resulting product as to the goods delivered under retention of title.
- The customer hereby assigns to us the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph as security. We accept the assignment.
- In addition to us, the customer remains authorized to collect the claim. We undertake not to collect the claim as long as the customer fulfills his payment obligations to us, does not fall into arrears, has not filed for insolvency proceedings and there is no other shortcoming in his performance. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment.
- If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer's request.
§10 TRANSFER OF RISK
The following applies to entrepreneurs:
Unless otherwise stated in the order confirmation, delivery is ex warehouse, which is also the place of performance. This also applies to delivery.
§11 WARRANTY FOR DEFECTS
We are liable for material or legal defects of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
However, if the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item, whereby this can only be done by notification in text form (also by fax or email) to the customer within three working days of receipt of notification of the defects.
We can refuse the type of supplementary performance chosen by the customer if this is only possible with disproportionate costs.
The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the customer if a defect does not affect us
- in the case of obvious defects within five working days after delivery or
- otherwise reported within five working days of the defect being discovered. Transport damage must be reported to us immediately in writing. In the case of deliveries by rail, with vehicles for commercial goods, local and long-distance traffic or by other modes of transport, the customer must complete the necessary formalities with the carrier.
We are liable to the customer in all cases of contractual and non-contractual liability in the event of wilful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
In other cases - unless otherwise regulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and which you as a customer can regularly rely on compliance (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above liability restrictions and exclusions. Likewise, our liability in the event of a guarantee or the assumption of a procurement guarantee remains unaffected by the above limitations and exclusions of liability.
As far as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
Our customer service for questions, complaints and complaints is available to you on working days from 8:00 a.m. to 6:00 p.m. by email at email@example.com.
§13 TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to file a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
We have copyrights to all images, films, texts and other documents that are published in our online shop. Use of the images, films, texts and other documents is not permitted without our express consent.
§15 DATA PROTECTION / FEDERAL DATA PROTECTION ACT
We are allowed to process and store the data relating to the respective sales contracts insofar as this is necessary for the execution and processing of the sales contract and as long as we are obliged to store this data due to legal regulations.
We reserve the right to transmit personal data of the customer to credit agencies, insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will not forward any other personal customer data to third parties without the customer's expressly stated consent, unless we are legally obliged to disclose it.
We are not permitted to collect, transmit or otherwise process personal data of the customer for purposes other than those mentioned above.
§16 CONTRACT LANGUAGE
As contract language German will be available exclusively.
§17 APPLICABLE LAW AND JURISDICTION
It is agreed that German law will apply, excluding the provisions of the UN Sales Convention. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If the customer is a merchant, our place of business is the place of jurisdiction; this also applies to actions for checks and bills of exchange. In addition, the applicable statutory provisions apply to local and international jurisdiction:
Unless otherwise stated in the order confirmation, our place of business is the place of performance.
§18 FINAL PROVISIONS
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
Status of the GTC December 2017
ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ART. 14 para. 1 ODR-VO AND § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.