Our Terms and Conditions
Managing Director: Otto Dursch
§ 1 General
The following conditions apply to all contracts, deliveries and other services provided by the user. Conflict with or recognize terms and conditions deviating from our Terms and Conditions (GTC) to third parties we do not, unless we have expressly agreed to their validity. These conditions apply even if we accept services are aware of conflicting or differing terms of the contractual partner unconditionally.
§ 2 retention
All goods remain the property until full payment of the user. A resale of the goods by the buyer before the property acquisition is not permitted. These requirements may be waived in individual cases by prior written agreement. For this case, the contractual partner of the user in advance his claim from that sale to the user (extended reservation of title).
§ 3 Conclusion of Contract
First The presentation of products in our online shop is an online catalog without obligation and not a legally binding offer dar. A binding order in the basket of goods (= contract offer), the customer, after entering their personal data and confirm the information of our terms and conditions, in the final step of the ordering process by clicking the button - send order - from. The receipt of the offer is confirmed to the customer via e-mail. The purchase agreement comes into effect even with our order confirmation or delivery of goods.
Second In case of sale on the internet trading platform "Ebay" or a similar platform of the contract is concluded after the submission of a bid by the customer if this after the bid time is the last bid (bid). In the case of an "instant purchase" the contract is the fact that the customer is the "Buy It" clicks and confirms the operation with his password and the acceptance by the customer will be sent to the user. VAT is included. It asserted the prices according to the underlying contract or the respective price list of the respective offer. The customer bears the costs of shipping, unless other arrangements are made. Than other, more favorable treatment to the buyer the information is provided by the site, through which the customer carries out an order. The prices are valid for goods delivered to entrepreneurs from the factory. Unless the customer is an entrepreneur and the business as part of its business activities carried out, it also bears the cost of packaging.
Third Unless the user explicitly makes any offer to conclude a contract, this is without obligation.
4th Deviations in color, design or material and material thickness and reserved as far as these lie in the nature of the materials used and / or are commercially available.
§ 4 Payment
The customer is required to make the purchase price and the relevant shipping costs, unless expressly agreed in writing to another payment method. The user retains the right to refuse checks or drafts. Upon acceptance of such papers this payment only. Diskount and charges shall be borne by the customer and are payable immediately. Setoff and retention to the user by law. Moreover bills are due upon receipt. The purchase price is therefore to be paid immediately upon receipt of the invoice, if this method of payment is agreed. Without warning by the user of the Buyer is in default of its payment obligation at the latest, when 30 days have passed since receipt of the due invoice or a payment schedule are, and is not paid within that time. Suppliers and entrepreneurs get the latest 30 days after receipt of the consideration and maturity in arrears. A delay will not apply if the buyer or supplier that is not to blame. The default interest shall be governed by the law.
§ 5 Delivery and Shipping
Information about delivery dates are not binding, unless in the order confirmation is a binding delivery specifically mentioned. With regard to companies will deliver under the express condition that the user is supplied correctly and on time. About non-availability of goods, the customer is informed immediately. In this case, the user can cancel the contract. Services received will be refunded immediately. The shipment is uninsured at the expense of the recipient.
§ 6 return costs
When the consumer of his right under § 7 of the Conditions of use, so he has to bear the cost of returning the goods if the goods ordered and if the price of the item to be returned does not exceed € 40.00 or if has not yet paid at a higher price, the consumers of the return or a contractually agreed partial payment at the time of the revocation.
§ 7 Right of withdrawal
Cancellation / Withdrawal
You can cancel your contract within two weeks without giving reasons in writing (forletter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery), and also does not fulfill our obligations in accordance with § 312c Section 2 BGB in conjunction § 1 Sections 1, 2 and 4 BGB-as well as our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with § 3 BGB-InfoV. The revocation period is sufficient to send the revocation or the thing. The returns must be sent to:
Managing Director: Otto Dursch
Consequences of revocation
In case of an effective order cancellation all received goods must be returned on both sides and benefits (for example interests) must be handed over if applicable.As interest) surrendered. If you are unable to return the received goods completely or partly or the goods are returned in a deteriorated condition, you are required to offer a compensation. Pay compensation. This rule does not apply if the deteriorated condition of the ceded good is only due to testing - which would have been possible in the retail shop for example. You also can avoid the obligation to compensate the value by not using the merchandise as if you owned it and by refraining from acts that might affect its value.
Items that are suitable for parcel shipment are to be returned at our risk. The customer bears the costs of return shipments, if the delivered goods were those that were ordered and if the price of the returned goods does not exceed the amount of 40 Euros, or if a higher price applies, the payment or contractually agreed partial payment have not been provided in the time frame of the cancellation. Otherwise, the return is free of charge. Items that are not suitable for parcel shipment will be picked up from your home address. Obligations to reimburse payments must be made within 30 days. The time limit for you starts when you send your cancellation or return the good. The time limit for us starts when the good is received. The revocation does not exist for: goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed. The delivery of audio or video recordings or software if the disk was sealed unsealed by the customer. End of the cancellation policy
§ 8 Warranty
The warranty period for consumers is 24 months. The warranty period is 12 months to entrepreneurs. When selling used items, the warranty period is also 12 months. A repair or replacement shall be deemed to have failed if it occurred twice in vain. The other rights of the customer remain untouched, unless otherwise stated in this contract. The rights and obligations of the merchant under the Commercial Code remain unaffected. Deviations in the Internet catalog listed and / or illustrated products of textual descriptions and illustrations in color, style and substance do not constitute defects as far as they are in the nature of the materials used and / or are commercially available.
§ 9 Withdrawal from the contract
The user reserves the right to rescind the purchase agreement if it becomes known after conclusion of the contract that the buyer is willing to actually insolvent or not for payment. The same applies if the buyer has provided false information about his credit rating and this will affect its obligations under the contract. If the customer withdraws unjustified from a firm order, the user may, notwithstanding the possibility of making a higher actual loss, 10% of the purchase price for the due process the order for costs and lost profits. The buyer reserves the right to prove minor damage.
§ 10 Liability
Claims for damages from power failures or other breaches of contract or breach of duty are excluded unless the damage is not caused by gross negligence or willful misconduct of the user performing or its agents has been caused. This does not apply to injury to life, limb and / or health. Transport damage must be reported immediately in writing. The buyer agrees to be set up in this case, a damage report with the shipping company. Warranty claims remain unaffected. Regardless of the legal liability of the user to entrepreneurs is typically limited to the case of transactions of the kind of damage incurred.
§ 11 Place of Jurisdiction
11.1 Place of performance for both parties is Nuremberg
11.2 Exclusive place of jurisdiction for both parties, the District Court of Nuremberg.
11.3 The jurisdiction also applies to small businesses and non-commercial traders.
11.4 This Agreement shall be governed by the laws of the Federal Republic of Germany. The validity of the uniform sales law of the ECG and EAG and the UN-purchase right is excluded.
11.5 The validity of the contract or the terms and conditions shall not be affected by the invalidity of individual provisions.