General Terms and Conditions of Business and Customer Information
General Terms and Conditions of Business
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you enter into with us as a supplier (Gabriela Pyka) on the website www.schmucktraeume.com. Unless otherwise agreed, the inclusion of conditions you might apply to is contradicted.
(2) Consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Business person means any natural or legal person or a legal partnership which enters into a legal transaction on behalf of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our product images on the Internet are non-binding and no binding offer to conclude a contract.
(2) You may submit a binding offer to buy (order) by using the online shopping cart system.
The goods you intend to be buy are thereby placed in the "shopping cart". Using the appropriate button on the navigation bar, you can have a look at your "shopping cart" and then make changes at any time. After having proceeded to the page "Checkout" and having entered your personal details as well as payment and shipping methods you prefer, your complete order information will again be displayed finally on the order summary page. You are given the option to review, change (also by using the “back” function of your browser) or cancel your order before placing it.
You submit a binding offer to buy by placing your order with the help of the “order with costs” button.
You will receive an automatic e-mail acknowledging the receipt of your order which does not lead to the conclusion of the contract yet.
(3) The acceptance of offer (and therefore the conclusion of the contract) takes place within two days in text format (eg via e-mail) in which the execution of your order or the delivery of your goods will be confirmed (order confirmation) In case you did not receive a corresponding message, you are no longer bound to your order. Payments you might already have rendered will be refunded immediately in this case.
(4) Your requests regarding individual quotations are non-binding for you. We submit an offer to you without any commitment which you can accept within five days.
(5) The execution of your order and the transmission of all information required related to the conclusion of contract takes place via email and partly automated. You therefore need to make sure that your email address as stated towards us is correct and that the reception of emails is insured technically as well as not being thwarted by a spam filter.
§ 3 Right of Retention, Title Retention
(1) You may exercise a right of retention only as far as it is related to claims from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price is made.
(3) If you are a business person, the following also applies:
a) We reserve the property of the goods until full settlement of all claims resulting from the business relationship. A pledge or a provision as security is not permitted until the transition of property of goods subject to retention of title takes place.
b) You may resell the goods within the framework of the ordinary course of business. In this specific case, you already now assign receivables in the amount of the invoice amount that arise from the resale to us. We accept the assignment. You are furthermore authorized to collect the claim. If you don’t meet your payments obligation properly we however reserve the right to collect the claim by ourselves.
c) If connection and compound of goods subject to retention of title take place, we acquire co-ownership of the new item in relation to the invoice value of the goods subject to retention of title and the other processed goods at the time of procession.
d) We oblige to release the securities we are entitled to on your request insofar as the realizable value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released rests on us.
§ 4 Guarantee
(1) Legal regulations are valid.
(2) If you are a business person, in derogation from (1) the following applies:
a) As a condition of the goods shall only our own information as well as the manufacturer’s product description be regarded as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) You are obliged to examine the goods regarding quality and quantity variances immediately and with due diligence. You are also obliged to tell us in writing about apparent defects within seven from receipt of the goods. The timely forwarding is sufficient for keeping of a term. This also applies for hidden defects discovered more lately from the date of the discovery. The assertion of warranty claims is excluded if the obligation to examine and reprimand is violated.
c) In terms of defects we safeguard a warranty of our choice by replacing or repairing. If the remedy of defects fails twice, you can request a reduction or withdraw from the contract of your choice. In case of repair, we do not need to pay the costs occurring by transporting the product to a place other than the place of fulfillment as long as the transport doesn’t match the intended use of the product.
d) The warranty period is one year from delivery of the good. The shortened warranty period does not apply to culpably caused damage arising from injury to life, body or health, and with gross negligence or intentionally caused damage or malice attributable to us, as well as right of recourse according to §§ 478, 479 BGB.
§ 5 Liability
(1) We shall be liable fully for each damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, for providing a guarantee for the quality of the purchase object, for damages according to the product liability law and in all other cases established by law.
(2) If significant contractual obligations are concerned, our liability for slight negligence is confined to the contract-typical, foreseeable damage. Significant contractual obligations are significant obligations arising from the nature of the contract and the violation of which would endanger the purpose of the contract as well as obligations the contract according to its content imposes on us in order to fulfill the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and the compliance of which you may rely on.
(3) Liability for slight negligence is excluded in case of breach of minor contractual obligations.
(4) Data communication via Internet cannot be guaranteed to be free from errors and / or available at any time at the current level of technology. Insofar we are neither liable for the constant nor the uninterrupted availability of the Website and the services offered there.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers this choice of law applies only insofar as the granted protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is withdrawn (principle favourability) hereby.
(2) As far as you are not a consumer but a business man, a legal person of public law of a fund under public law, the place of performance for all services resulting from business relationships with us as well as place of jurisdiction is our seat. The same applies if you don’t have a general venue in Germany or the European Union or the domicile or habitual residence is not known at the time of the institution of legal proceedings. The authority to also call the court in another legal jurisdiction remains unaffected from that.
(3) The provisions of the UN Sales Convention do specifically not apply.
II. Customers information
1. Identity of the seller
Ottobrunner Strasse 29
Telephone: +409 89 605187
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the conclusion of contract itself and the possibilities of correction are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text
3.1. The contract language is German or English (depending on the origin of the customer).
3.2. The full text of the contract is not stored by us. The contract data can be printed or saved electronically with the help of your browser before submitting the order via the online - shopping cart system. After having received your order we will send you the order data, the information required by law for distance contracts and the terms and conditions via email again.
3.3. For quotation requests outside of the online shopping cart system, you will receive all contract data being sent as part of a binding offer by e-mail which you can print or save electronically.
4. Key characteristics of the good or service
The essential characteristics of the goods and / or services are stated in the item description and in additional information on our website.
5. Prices and modalities of payment
5.1. The prices stated in our offers as well as the shipping costs are total prices.
They include all price components including all applicable taxes.
5.2. The shipping costs thereby incurred are not included in the purchase price. They are instead available via an accordingly labeled button on our website, are reported separately during the order process and are payable by you in addition unless free shipping is confirmed.
5.3. The payment methods you can choose from you are available via an accordingly labeled button on our website or in the respective product description.
5.4. Insofar as the single payment methods are not specified otherwise, payment claims from the completed contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing shipping restrictions can be found via an appropriately designated button on our website or in the respective product description.
6.2. If you are a consumer it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during the shipment passes to you just as soon as the goods are the delivered to you, regardless whether the shipment is insured or insured.
This does not apply if you have independently commissioned a transport company that is not entitled by the entrepreneur or otherwise a person determined for the execution of a shipment. If you are an entrepreneur shipment and delivery are at your risk.
7. Statutory warranty rights for goods
7.1. The warranty for our goods takes place in accordance with our "guarantee" which is part of our Terms and Conditions (Part I).
7.2. As a consumer you are asked to inspect the goods immediately upon delivery for completeness, obvious defects and transport related damages and to communicate complaints to us as well as to the shipper as quickly as possible. Not complying with that doesn’t affect your statutory warranty claims.
These terms and conditions and customer information have been created by attorneys specialized in IT law who are employed at the “Händlerbund” and are permanently checked for legal compliance. The “Händlerbund Management AG” guarantees for the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.