Terms and Conditions and Consumer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Michael Kuhl, Zum Roten Acker 19, 52459 Inden, Germany - hereinafter referred to as supplier - and the customer, which www.dendroshop.de on the agency website will be closed. Unless otherwise agreed, the involvement of the customer's own terms is rejected.
(2) consumer according to the following rules shall mean any natural person who enters into a transaction for a purpose that is neither commercial nor independent professional activity can be attributed. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of independent professional or commercial activity.
(3) contract language is German. The contract will be filed with the provider. The storage is only temporary, the client is itself an expression or to provide for a separate storage.
§ 2 Subject matter
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 product representations of agency on the Internet do not constitute a binding offer to conclude a contract, but an invitation to make an order (offer the customer).
(2) The client can submit his bid by email, fax or in writing.
If you buy via the online order form to purchase the goods proposed in the "basket" are stored. On the appropriate button in the navigation bar, customers can call the "shopping cart" and then make changes at any time. cancel "back" of the Internet browser) or to purchase. By sending the order to the appropriate button, the customer makes a binding offer from the provider.
The customer receives an automatic email of the receipt of his order, which does not lead to the conclusion of the contract.
(3) 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. If necessary services already rendered in this case be refunded immediately.
(4) processing the order and provide all related to the contract required information should be partially automated by email.
The customer must ensure, therefore, that the provider of his e-mail address is stored correctly, will ensure the receipt of emails and especially not technically prevent SPAM filters.
§ 4 Prices, Free Shipping
(1) The information provided in the respective offers Prices and shipping costs final prices include dar all price components, including all applicable taxes.
If the supply to non-EU countries are able, other duties, taxes or fees to be paid by the customer, but not to the vendor, but to its competent customs and tax authorities. The customer is advised to inquire about details before the order to the customs and tax authorities.
(2) The shipping costs are not included in the purchase price. You are on the "Payment and shipping" callable, are reported separately during the ordering process and are to be borne by the customer in addition, unless the free shipping is promised.
(3) The customer receives an invoice with VAT included.
§ 5 Payment and shipping terms
(1) The conditions for payment and shipping can be found under the same button in the navigation.
(2) Unless specified otherwise in the individual methods of payment, the payment of claims under the contract geschlosssenen are payable immediately.
(3) If a customer ordered product, contrary to expectations, despite timely completion of an appropriate hedging transaction from one of the suppliers for reasons beyond its available, the customer will be informed immediately about the non-availability and in case of withdrawal, as already paid be refunded immediately.
(4) If the customer is consumer, the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods to the customer, regardless of whether the shipment is insured or uninsured.
For entrepreneurs, the supply and shipment is made at his own risk.
§ 6 return costs when exercising the right of withdrawal
For the case of the exercise of the applicable consumer law right of withdrawal in distance contracts agreed that the customer has to pay the regular cost of return if the price of the item to be returned of not exceeding 40 euros or if a higher price to the cause of not yet paid the customer consideration or a contractually agreed partial payment at the time of the revocation, except that the goods are not ordered. In all other cases, the operator bears the cost of the return.
§ 7 Retention, Retention of title
(1) A lien, the customer can exercise only if it is receivable from the same contract.
(2) The goods until full payment of the purchase price will remain the property of the provider.
(3) If the customer is valid, the following also:
a) The seller retains title to the goods until full 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 permitted.
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 arise from the sale, assignment to the 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) combining and mixing of the goods purchased by the provider ownership of the new object in proportion to the invoiced value of the goods to the other processed items at the time of processing.
d) The provider agrees to release the securities due to him at the request of the customer insofar as the realizable value of collateral exceeds the secured party of the claim by more than 10%. The choice of the securities to the seller.
§ 8 Warranty
(1) the applicable statutory provisions.
(2) As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, check obvious defects and damage complaints and the provider and the carrier as fast as possible. If the customer fails to comply, this does not affect the statutory warranty claims.
(3) If the customer is an entrepreneur applies, notwithstanding paragraph 1:
a) As a condition of the goods shall only their own information by the provider 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 immediately and with due attention to the quality and quantity discrepancies and obvious defects within 7 days of receipt of the goods to the supplier in writing, the deadline extends the time limit. This also applies to hidden defects discovered later from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects of the provider shall, at its option by repair or replacement. If the repair fails twice, the customer at his discretion reduce or rescind the contract. In the case of repair, 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 intended use of the same product.
d) The warranty period is one year from date of delivery. Not the shortened warranty period for the provider attributable to culpable damage caused from injury to life, limb or health, and with gross negligence or willful damage or bad faith of the party, as well as recourse under § § 478, 479.
§ 9 Liability
(1) The provider shall be fully liable for damages resulting from injury to life, limb or health, unless it has a lack of fraudulently concealing or assumed a guarantee for the quality of the purchased item has, after all cases of willful intent or gross negligence, for damages the Product Liability Act or to the extent otherwise required by law.
(2) where there are significant obligations under the contract are affected by the breach of which would endanger the contractual purpose, the liability of the provider in case of slight negligence is limited to typical and foreseeable damage.
(3) When a violation of minor contractual obligations, liability for slight negligence is excluded.
(4) Data communication via the internet, considering the current state of the art is not error-free and / or available at all times be guaranteed. The provider shall be liable to the extent either for permanent or continuous availability or improper function of the website.
§ 10 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies under exclusion of UN sales law. For consumers, this choice of law only, provided such action by mandatory provisions of the laws of the State of habitual residence of the consumer protection afforded will not be withdrawn (favourability).
(2) performance for all aspects of the existing business relationships with vendors and venue of the party's headquarters, where the customer is not consumers, but a merchant, legal person under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. Call the power to the court in another jurisdiction remains unaffected.
Terms and Conditions and Consumer Information