General Terms and Conditions
1. scope of application
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.vis-à-vis entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The sales contract is concluded with forhouse/Stefan Vogel.
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage The language available for the conclusion of the contract is German.
The contract text is not stored by us.
4. delivery conditions
In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
We do not deliver to packing stations.
5. payment
In our store, the following payment methods are generally available:
Prepayment If you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal In the ordering process you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. reservation of proprietary rights
The goods remain our property until full payment. For entrepreneurs, the following applies in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7. transport damages
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods shall be one year from delivery of the goods.For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB shall remain unaffected.vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).The above restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed upon
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
9. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. dispute resolution The European Commission provides a platform for online dispute resolution (OS), which you can find herehttps://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and conditions created with Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.