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 delivery
6. Retention of title
7. Liability for Defects (Warranty)
8. Applicable law
9. Alternative Dispute Resolution

1) Scope of application

 

1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of the various. - Skorupka & Löcken GbR (hereinafter "Seller"), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by e-mail to the seller.

2.3 The seller can accept the offer of the customer within five days,

  • by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

  • by asking the customer for payment after submitting his order.

If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller's website.

2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.6 The contract is concluded in German and English.

2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of revocation

3.1 Consumers are basically entitled to a right of withdrawal.

3.2 Further information on the right of revocation results from the revocation instruction of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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 payment option (s) will be communicated to the customer in the online shop of the seller.

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

4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he 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 to him the performance had announced a reasonable time in advance.

5.3 Pickup is not possible for logistical reasons.

6) Proprietary reservation

If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

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

7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply

  • for items that have been used for a structure in accordance with their normal use and have caused its defectiveness,

  • for damages and reimbursement claims of the customer, as well

  • in the event that the seller has fraudulently concealed the defect.

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

8) Applicable law

8.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.

9) Alternative dispute settlement

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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.