English
translation of the German GTC (AGB).
Errors and mistakes are reserved.
1. Scope of
application
For all orders via our online shop by consumers and entrepreneurs, the
following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for
purposes which are predominantly neither commercial nor self-employed.
Entrepreneur is a natural or legal person or a legal partnership that, in the
course of entering into a legal transaction, is acting in the course of its
commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future
business relationships, without us having to refer to them again. If the
entrepreneur uses conflicting or supplementary terms and conditions, its
validity is hereby contradicted; they only become part of the contract if we
have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with the Dr. Olaf Pinkhaus IDEEN-SCHMIEDE.
By placing the products in the online shop, we make a binding offer to conclude
a contract for these items. You can initially put our products into the
shopping cart without obligation and correct your entries at any time before
submitting your binding order by using the corrective aids provided and
explained in the order process. The contract is concluded by accepting the
offer for the goods contained in the shopping cart by clicking on the order
button. Immediately after sending the order you will receive a confirmation by
e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and
conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find
out more about the amount of shipping costs in the offers.
You have the option of picking up at the Dr. Olaf Pinkhaus IDEEN-SCHMIEDE,
Frauenhoek 13, 48366 Laer, Germany for the following business hours: By
appointment.
5. Payment
In our shop you can always use the following payment methods:
Payment in advance
When selecting the payment method in advance, we will give you our bank details
in separate e-mail and deliver the goods after receipt of payment.
Credit card
By submitting the order, you also transmit your credit card data to us at the
same time.
Following your legitimacy as a legitimate cardholder, we request your credit
card issuer immediately after the order to initiate the payment transaction.
The payment transaction is automatically performed by the credit card company
and charged to your card.
PayPal, PayPal Express
In the order process you will be redirected to the website of the online
provider PayPal. In order to pay the invoice amount via PayPal, you must be
registered there or first register, legitimize with your access data and
confirm the payment order to us. After placing the order in the shop, we
request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately
thereafter. You'll get more information during the ordering process.
Invoice
You pay the invoice amount after receipt of the goods and the bill by bank
transfer to our bank account. We reserve the right to offer the purchase on
account only after a successful credit check.
Cash on pickup
You pay the invoice amount when picking up cash.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods
until the complete settlement of all claims from an ongoing business
relationship. You may resell the reserved goods in ordinary business; All
claims resulting from this resale shall be assigned to us in advance - irrespective
of any combination or mixing of the reserved goods with a new item - in the
amount of the invoice amount, and we accept this assignment. You remain
entitled to collect the claims, but we may also collect claims yourself, as far
as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about
such errors as soon as possible to the deliverer and please contact us
immediately. The failure to file a complaint or contact has no consequences for
your statutory claims and their enforcement, in particular your warranty
rights. However, they help us assert our own claims against the carrier or
transport insurance.
8. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights
apply. For consumers, the limitation period for claims for defects in used
goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from
the transfer of risk; the statutory limitation periods for the recourse claim
under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is
understood to mean only our own information and the manufacturer's product
descriptions that were included in the contract; We accept no liability for
public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at
our discretion warranty by rectification of the defect (repair) or by delivery
of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages
caused by us, our legal representatives or vicarious agents
in
violation of life, body or health
in case of
intentional or grossly negligent breach of duty as well as malice
in case of
breach of essential contractual obligations, the fulfillment of which enables
the proper execution of the contract in the first place and on the compliance
of which the contractual partner may regularly rely (cardinal obligations)
as part of
a guarantee promise, as far as agreed
as far as
the scope of the Product Liability Act is opened.
Information
on any applicable additional guarantees and their exact conditions can be found
in the product and on special information pages in the online shop.
9. Liability
We are always liable without limitation for claims due to damages caused by us,
our legal representatives or vicarious agents
injury to
life, body or health,
in case of
intentional or grossly negligent breach of duty,
with
guarantee promise, as far as agreed, or
as far as
the scope of the Product Liability Act is opened.
In case of
breach of essential contractual obligations, the fulfillment of which enables the
proper execution of the contract and on which the contractual partner may
regularly rely (cardinal obligations) by slight negligence on our part, our
legal representatives or vicarious agents, the liability shall be the amount
foreseeable at the time of conclusion of the contract Damage limited, which
typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The
European Commission provides a platform for online dispute resolution (OS),
available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement
procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the 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.
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