General Sales Conditions (GSC)
Notice : this is an automated translation of the original german GTCs. Only the orignal version can legaly apply. If you have any questions regarding the General Sales Conditions, please contact us by email at: firstname.lastname@example.org.
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts concluded with us as a supplier (Roberto D'Ambrosio) via the website www.dambiro.de.Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
2. Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which can not be attributed predominantly to their commercial or self-employed activities. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website we submit a binding offer to conclude a contract to the conditions stated in the article description.
(3) The contract shall be concluded through the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". Use the corresponding button in the navigation bar to call up the "Shopping Cart" and make changes at any time.
After entering the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use a direct debit system (eg PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), you will either be taken to the order overview page in our online shop or you will be sent to the website of the supplier of the Instant number system.
If you are forwarded to the respective immediate number system, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the possibility to check, change (also via the function "back" of the internet browser) or cancel the purchase.
By sending the order via the "order to pay" button, you declare legally binding the acceptance of the offer, whereby the contract comes into being.
(4) Your requests for the creation of an offer are not binding for you. We provide you with a binding offer in text form (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Special arrangements for the types of payment offered
(1) Purchase on account via Billpay
When you buy on account, the invoice amount on the calendar day (20 or 30 calendar days after the invoice date) mentioned in the invoice is due for payment to our external partner Billpay GmbH www.billpay.de. The payment method Purchase on account does not exist for all offers and requires among other things a successful credit check by the Billpay GmbH.
If, for certain offers, you are allowed to purchase on invoice, the payment will be processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, you can only provide Billpay GmbH with a debt-free effect. We also remain responsible for general customer inquiries (eg to the goods, delivery time, dispatch), returns, complaints, revocation declarations and deliveries or credit notes.
The General Terms and Conditions of Business http://www.billpay.de/allgemein/datenschutz/ der Billpay GmbH apply.
§ 4 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall also apply:
A) We retain ownership of the goods until the full settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
B) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. They are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
C) In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
D) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 5 Warranty
(1) The statutory right of non-liability exists.
(2) If you are an entrepreneur, the following applies mutatis mutandis to paragraph 1:
A) The quality of the goods is subject only to our own data and the product description of the manufacturer as agreed, but not to any other advertising, public promises and statements by the manufacturer.
B) You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in text form (eg e-mail). This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
C) In the event of defects, we shall, at our discretion, make a warranty by repair or replacement. If the defect clearance fails, you can demand a reduction of your choice or withdraw from the contract. The defect removal shall be deemed to have failed if the second attempt has been unsuccessful, if the nature of the defect or the other circumstances does not differ from it. In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
D) The warranty period is one year from delivery of the goods. The shorter warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 6 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the object of the contract, as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(4) In the event of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§ 7 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).
(2) The provisions of the UN purchase law are not expressly applicable.
II. Customer information
1. Identity of the seller
Max Planck str 20
70806 Kornwestheim, Germany
Phone: 07154 - 1579204
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr/
2. Information about the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3.In the case of quotations outside the online shopping basket system, you will receive all the contract data in the form of a binding offer in text form, eg via e-mail, which you can print or electronically secure.
4. Main characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You can call up a corresponding button on our website or in the respective offer, will be indicated separately in the course of the ordering process and are to be borne by you in addition, as far as not the delivery-free delivery is announced.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective offer.
5.4. Unless stated otherwise in the individual methods of payment, the payment claims arising from the concluded contract shall be payable immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.
6.2. As far as you are a consumer is legally regulated that the risk of the accidental loss and accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the entrepreneur, or a person appointed otherwise to carry out the shipment.
If you are an entrepreneur, delivery and dispatch will be at your own risk.
7. Statutory right of deficiency
7.1. The defect liability for our goods is subject to the "Warranty" regulation in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as soon as possible to the freight forwarder. Failure to do so will have no effect on your statutory warranty claims.
These terms and conditions and customer information were compiled by lawyers of the dealer association specializing in IT law and are constantly being examined for legal compliance. DeBundbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 08.12.2018