Terms and conditions
and consumer information
§ 1 General provisions
(1) The following terms apply to all contracts between Uwe Oertel, Theaterstraße 15, 09111 Chemnitz, Germany - hereinafter referred to as providers - and the customer, which are closed through the online shop of the provider. Unless otherwise agreed, the inclusion of the customer's own terms is opposed.
(2) consumer as defined in the following regulations means any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity may be attributed. Operator is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their professional or commercial activity.
(3) contract language is German. The contract will be filed with the provider. The storage is only temporary, so the customer has to take care of itself an expression or a separate storage.
§ 2 Contract
This Agreement governs the sale of goods. The details, particularly the essential characteristics of the goods found in the item description and additional information on the agency website.
§ 3 Conclusion of Contract
(1) The products offered by the provider on the Internet represent a binding offer to conclude a sales contract but an invitation to make an order (purchase offer by the customer).
The customer may bid by telephone, give in writing, by fax, by mail or via the online booking system.
If you buy via the online shop system is considered:
The goods are intended for sale in the "basket" folder. Use the appropriate button in the navigation bar, customers can call the "shopping cart" and then make changes at any time. After calling the site "Checkout" and enter the personal details and payment and shipping terms finally appears again all order data. Before submitting the order, the customer has the opportunity here to review all the information again, change it (via the function cancel "back" of the Internet browser) or the purchase. By sending the order to the appropriate button, the customer makes a binding offer from the provider. The customer first receives an automatic email about the receipt of his order, which does not lead to the contract.
(2) The use of authorized immediate payment types through the customers despite sale price or fee payment is not to conclude a contract. The acceptance of the offer (and therefore the contract) shall in all cases by confirmation in writing (eg email), in which a client to process the order or delivery of goods is confirmed, or by delivering the goods.
The customer should have received within 5 days, no confirmation or notice of the shipment and not a commodity, he is no longer bound by his order. As and when appropriate services rendered in this case returned immediately.
§ 4 Prices, Free Shipping
(1) The information provided in the offers listed prices and final prices include shipping costs; they do all the price elements including all applicable taxes.
(2) The shipping costs are not included in the purchase price, they are accessing the "Shipping costs" callable, will be shown during the ordering process separately and are to be borne by the customer in addition, unless the shipping charges for delivery is agreed.
§ 5 Payment and Shipping Information
(1) The conditions for payment and shipping is available at the same button in the navigation.
(2) If a customer ordered product, contrary to expectations despite timely completion of an adequate cover purchase of a from the manufacturer due to circumstances be available, the customer is immediately informed of the unavailability and in case of resignation about the money already paid refunded immediately.
(3) As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, check obvious defects and damage in transit and complaints to the provider and the carrier as fast as possible. The warranty claims of customers remain unaffected.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods by the shipping company responsible for the customer, regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, supply and shipment is made at his own risk.
§ 6 Return costs when exercising the cancellation right
For the case of exercise of the existing consumer statutory cancellation right in distance contracts agreed that the customer has to bear the cost of returning the goods if the price returned the case of an amount not exceeding 40 euros or if at a higher price to the cause of no account yet provided the consideration or a contractually agreed partial payment at the time of withdrawal has, except that the goods delivered not as ordered. In all other cases, the operator bears the cost of the return.
§ 7-off, retention
(1) The customer has the right to set off only when the counterclaim is undisputed, legally established or recognized by the provider is.
(2) A lien, the customer can exercise only if it is receivable from the same contract.
§ 8 Guarantee
(1) the applicable legal requirements.
(2) For used goods, the warranty period is different from the statutory scheme one year after delivery of the goods. not the one-year warranty period applies to the advertiser attributable fault damage caused from injury to life, limb or health, and grossly negligently or intentionally caused damage or bad faith of the provider, as well as recourse under § § 478, 479 BGB.
(3) If the customer is a valid derogation from paragraph 1:
a) As a condition of the goods shall only its own information of the supplier and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of goods to the supplier in writing, the deadline extends the time limit. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of the warranty claim is excluded.
c) In case of defects the supplier will at its option by repair or replacement. If the repair fails twice may require the customer may choose to reduce or cancel the contract. In the case of rectification, the provider must not bear the increased costs incurred by the shipment of goods to a different place than the place where it is not in the correct use of the same product.
d) The warranty period is one year from date of delivery. not the shorter period of warranty applies to the advertiser attributable fault damage caused from injury to life, limb or health, and grossly negligently or intentionally caused damage or bad faith of the provider, as well as recourse under § § 478, 479 BGB.
§ 9 Reservation of title
(1) Goods until full payment of the purchase price will remain the property of the provider.
(2) If the customer is a company applies, the following also:
a) The seller retains title to the goods until the complete settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not allowed.
b) The customer may resell the goods in the ordinary course of business. In this case, he assigns all claims in the amount of the bill, which accrue from the sale to which the assignment accepting provider. The customer is also authorized to collect the debt. As far as he fails to meet its payment obligations to the Provider reserves, however, to collect the debt themselves.
c) and combination of the goods purchased by the provider ownership of the new object in proportion to the invoice value of the goods to the other processed items at the time of processing.
d) The provider agrees to release him, the securities due to the customer's request, the realizable value of the securities of the provider exceeds the secured claims by more than 10%. The selection of securities to be released is for the provider.
§ 10 Liability
(1) The provider is fully liable for damages resulting from loss of life, body or health if he a lack fraudulently conceals or provided a guarantee for the quality of the purchased item has to in all cases of intent or gross negligence, damage the Product Liability Act or to the extent otherwise legally required.
(2) If principal duties are concerned in the contract, the violation of which jeopardizes the purpose of the contract, the liability of the provider of slight negligence on the typical, foreseeable damage.
(3) For the breach of essential contractual obligations, liability for slight negligence is excluded.
(4) Data communication via the internet, considering the current state of the art, not error free and / or available at all times be ensured. The provider is liable for neither the extent nor the continuous uninterrupted availability of the Website and the services offered there.
§ 11 Place of Performance, Jurisdiction
(1) Subject to German law, excluding UN sales law. For consumers, this choice of law only, provided this by overriding the provisions of the laws of the State of habitual residence of the consumer protection afforded is not withdrawn (favourability).
(2) performance for all services from the advertiser existing business and jurisdiction of the agency's headquarters, where the customer does not consumers, but a merchant, legal entity under public law or public law special fund.
The same applies if the customer does not have general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action are not known. capacity to apply to, the court in another jurisdiction remains unaffected.
§ 12 Place Battery Disposal
In connection with the sale of batteries or with the supply of devices containing batteries, the provider is required to inform the customer on the following:
The customer is to return used batteries as required by law end users. He can return spent batteries, which the provider as new batteries in the range, or has to receive free shipping warehouse (shipping address) of the provider. The shown symbols on the batteries have the following meanings:
The symbol of the crossed-out wheeled bin means that the battery must be disposed of with household waste.
Pb = Battery contains more than 0,004 per cent by weight of lead
Cd = Battery contains more than 0.002 percent cadmium mass
Hg = Battery contains more than 0.0005 mass percent mercury.
Stand 30.01.11
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