1. General terms
1.1. The following contract covers all sales transactions processed via the ROTERFADEN Online Shop under the domain www.roterfaden.de between – owner: Beate Mangrig, Rosenstraße 11, 66111 Saarbrücken, Germany (subsequently referred to as: SELLER) and our customers (subsequently referred to as: CUSTOMER).
1.2. These terms and conditions include special conditions for corporate customers –defined as businesses according to § 14 BGB (subsequently referred to as: BUSINESS CLIENTS). These specific clauses for business-to-business contracts are explicitly directed at BUSINESS CLIENTS and are not valid for transactions with private customers as defined by § 13 BGB.
1.3. The SELLER does not recognize other customers’ General Terms and Conditions unless the SELLER has explicitly agreed to them in writing.
2.1. By clicking the relevant button, the CUSTOMER adds the desired item to the shopping cart, and begins the order process by clicking on the shopping cart. During the order process, the CUSTOMER must supply the required delivery and payment details and complete the order by clicking on the “BUY” button.
2.2. The CUSTOMER can correct errors made during the order process, particularly items added inadvertently to the shopping cart, by changing the number of items or redefining the options in the cart. During the order process, the CUSTOMER can correct errors at any stage using the browser’s “back” or “forward” buttons to navigate to the appropriate stage.
2.3. The products depicted in the online shop are merely a non-binding representation by the SELLER and an invitation to the CUSTOMER to place an order. The CUSTOMER’s order is a binding contract to buy the items in the shopping cart. The SELLER immediately and automatically confirms the receipt of the order via email. The order confirmation automatically sent by the shop system is not yet the contractual agreement. After checking his/her stock, the SELLER accepts the CUSTOMER’s order by emailing a separate declaration of acceptance or by sending the item(s) within 5 days or 3 working days after the order was placed. The sales contract only becomes effective with this separate declaration of acceptance or on receipt of the item(s) within the aforementioned period. The invoice is equivalent to a declaration of acceptance.
2.4. The sales contract is with ROTERFADEN – owner: Beate Mangrig, Rosenstraße 11, 66111 Saarbrücken, Germany
2.5. Contracts are written in German.
3. Storage of contract data
The wording of the contract is stored by the SELLER. The order details are sent to the CUSTOMER in writing (email). The Terms & Conditions can be found in the online shop and printed out.
4. Returns policy
Customers have the right to withdraw from the contract. The legal conditions for returns and refunds are described in the returns and refunds policy, of which the CUSTOMER is made aware and can access during the order process.
5. Prices and delivery costs
5.1. The prices given in the online shop on the day an order is placed are the prices valid for that order.
5.2. The prices in the online shop are given in Euros and include VAT.
5.3. The following is valid for buying items that are sent as a parcel or by other postal services: the prices in the online shop exclude postage and packaging. The delivery costs are calculated dynamically during the order process and are shown in the shopping cart before the order is finally submitted.
5.4. Postal delivery within Germany (parcel, letter, courier etc.) is free for orders of 150€ and over.
5.5. For all other contracts/deliveries abroad: postage is calculated according to the shipping charges table in the online shop. The flat rate for orders outside of Germany is also shown in the shopping cart before the order is finally submitted.
5.6. In some cases, deliveries for outside Germany may be subject to taxes (e.g. in the event of an intra-Community purchase) and/or other customs duties. These are paid by the CUSTOMER.
6. Payment conditions
6.1. The SELLER only accepts the methods of payment offered during the order process. The CUSTOMER selects his/her preferred method of payment from the options provided.
6.2. If the CUSTOMER decides to pay in cash, he/she pays cash on collection.
6.3. If the payment method is “Cash on delivery”, the CUSTOMER pays the delivery service for the item plus any delivery fees when the item is delivered. A cash-on-delivery fee is given in the list of delivery costs.
6.4. In the case of payment in advance (bank transfer), the CUSTOMER must pay the agreed sum including any postage and packaging costs before the item(s) are dispatched. The SELLER dispatches the item(s) once the full sum has been credited to the SELLER’s bank account.
6.5. In the case of delivery on account, the net agreed price (without discounts) is payable immediately on receipt of the item(s), within 14 days of the billing date at the latest or receipt of the item(s). Late payments are subject to statutory law.
6.6. CUSTOMERs paying within 7 days of the billing date are given 2 % discount on the net sum.
6.7. In the case of credit card payments, by submitting his/her credit card details, the CUSTOMER gives permission for the invoice, including any postage and packaging costs, to be paid via the relevant credit card company. This payment is triggered by the order confirmation.
6.8. In the case of PayPal payments, the CUSTOMER must have a PayPal account and use his/her login details to identify himself/herself. The CUSTOMER must then continue through the PayPal payment process and confirm payment to the SELLER.
6.9. BUSINESS CLIENTS according to § 14 BGB only have the right to offset payments if legally binding counterclaims exist which are uncontested/recognized by the SELLER or are based on outstanding claims within the same legal relationship. This exclusion does not apply to CUSTOMERs who are consumers according to § 13 BGB.
7. Delivery conditions – information regarding delivery dates
7.1. Unless otherwise agreed with the CUSTOMER, orders dispatched as parcels or by other means are transported by post (parcel, letter, courier, etc.) to the delivery address supplied by the CUSTOMER.
7.2. The delivery time is given for each item in the product description on the relevant page of the website.
7.3. In the case of payment in advance, the delivery time given in the product description begins on the working day after the CUSTOMER has authorized payment via the transferring financial institution. For all other payment methods, delivery time begins on the first working day after the contract has been agreed.
7.4. In the case of deliveries to business clients, the risk of accidental loss and accidental damage to the purchased item(s) is transferred to the business client at the moment they are handed over to the client or a person authorized to accept the delivery. In the case of mail orders, the risk is transferred at the moment the item(s) is(are) handed over to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss and accidental damage to the purchased item(s) according to § 446 BGB is transferred to the consumer at the moment of delivery to the consumer. It is irrelevant whether the CUSTOMER is late in collecting his/her delivery.
7.5. Orders and deliveries are only possible within Germany and to those countries listed in the online shop and/or in the table of shipping charges.
7.6. The SELLER will immediately inform the CUSTOMER of any delays.
7.7. If the carrier is unable to deliver the purchased item(s) to the CUSTOMER and returns these to the SELLER, the CUSTOMER pays for repeat shipping. This does not apply if the CUSTOMER has exercised his/her right to withdraw from the contract at the same time as the delivery is being returned, or if he/she is not responsible for the delivery being returned, or if the CUSTOMER was temporarily prevented from receiving the delivery, unless the SELLER gave him/her reasonable notice.
8. Property rights
8.1. The item(s) sold remain the property of the SELLER until the agreed price has been paid in full.
8.2. Until the CUSTOMER has paid the agreed price in full, the item(s) shall not be assigned or pledged to third parties, nor provided as security to third parties. The CUSTOMER must inform the SELLER immediately in writing if and when third parties have appropriated the SELLER’s item(s).
8.3. If the CUSTOMER does not uphold the contract, particularly by not paying the agreed sum, the SELLER is entitled to withdraw from the contract in line with the statutory provisions and to demand the return of the item(s) under the provisions of property rights and contract withdrawal. If the CUSTOMER does not pay the outstanding amount, the SELLER is only entitled to enforce this right if the CUSTOMER has been set a reasonable payment deadline or if such a deadline is legally superfluous.
9. Guarantees/ warranty/ complaints
9.1. The rights related to the purchase of defective items are based on the provisions of the law.
9.2. Warranty claims can be placed by BUSINESS CLIENTs who are traders according to HGB if they have fulfilled their obligations according to § 377 HGB to examine and report damage to the item(s)/faulty item(s) in writing within 14 calendar days of receipt. This requirement does not apply to CUSTOMERs who are consumers according to § 13 BGB.
9.3. Warranty claims can be made by BUSINESS CLIENTs for up to 12 months after the moment of handover to the BUSINESS CLIENT. This shortened warranty period does not apply to CUSTOMERs who are considered consumers according to § 13 BGB.
10.1. Claims by the CUSTOMER against the SELLER for damages or compensation for losses outside the statutory rights shall be governed by these provisions irrespective of the legal nature of the claim.
10.2. The SELLER is not liable – irrespective of the legal grounds – unless the cause of damage was willful misconduct and/or gross negligence on the part of the SELLER, the SELLER’s employees, representatives or agents. This also applies to the personal liability of the SELLER’s employees, representatives or agents. The SELLER remains liable according to the Product Liability Act (§ 14 ProdHG).
10.3. The SELLER is liable according to the provisions of the law for loss of life, bodily harm or damage to health due to the SELLER’s, willful, grossly negligent or negligent breach of duty or to that of the SELLER’s legal representatives or agents.
10.4. Insofar as the SELLER breaches, at least negligently, an essential contractual duty, i.e. a duty to comply which is of particular importance for fulfilling the contractual purpose (essential or cardinal contractual duty), liability shall be restricted to the loss typically incurred, i.e. to a typical loss that is to be expected under the contract. An essential or cardinal contractual duty in the aforementioned sense is a duty without which the due and proper execution of this contract is not possible, and with which the CUSTOMER regularly relies and may rely.
11. Data storage and data protection
The privacy and data protection policy on the www.roterfaden.de website applies.
12. Notice pursuant to Art. 14, ODR Regulation
12.1. In the event of a dispute, CUSTOMERs, consumers in accordance with § 13 BGB, have the option of using the „Your Europe“ portal. An online portal to make a complaint and have it resolved by a recognized dispute resolution body. Please refer to the EU’s online resolution platform under: http://ec.europa.eu/consumers/odr/ .
12.2. The online dispute resolution procedure is not a compulsory prerequisite before resorting to the relevant court of law. It is merely an alternative means of resolving disputes that can arise through a contractual relationship.
12.3. Other national legislation for resolving disputes is unaffected by 12.1 and 12.2.
13. Final provisions
13.1. German Federal Law applies to the exclusion of the UN convention on the International Sale of Goods.
13.2. Consumers who do not place the order for professional or commercial purposes are only governed by the law above insofar as they are not deprived of the protection which they have been granted through the compulsory provisions of the law of the country in which the consumer has his/her normal place of residence.
13.3. If the CUSTOMER is a merchant, legal entity under public law or special public asset, the sole place of jurisdiction for all disputes arising from this contract shall be the SELLER’s registered place of business in 66111 Saarbrücken, Germany.
13.4. The same shall apply if the CUSTOMER is a trader and has no general place of jurisdiction in Germany or his domicile or usual place of residence is unknown at the time when the claim is brought. The SELLER’s right to sue before a court at another legal place of jurisdiction is not affected.
Original German version: :
© IT-Recht-Kanzlei DURY – www.dury.de
© Website-Check GmbH – www.website-check.de