General terms and conditions and customer information
General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to contracts which you conclude with us as a supplier (Stefan Fischer) via the Internet site www.tadelaktmanufaktur.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) As soon as you place the respective product on our website, we shall submit a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping basket”. You can access the “shopping basket” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the “back” function of the Internet browser) or to cancel the order.
By sending the order via the button “order with costs” you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and 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 you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on the payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:
Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else results from the type of item or defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
– culpably caused damages attributable to us resulting from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items which have been used for a building in accordance with their normal use and which have caused its defectiveness;
– in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.
§ 6 Choice of law
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Dorfstraße 63 b/2
Alternative dispute resolution:
The European Commission provides an online extra-judicial dispute resolution platform (OS Platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions of Business (Part I.).
3. Contract language, contract text storage
3.1 Contract language is German .
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. Prices and terms of payment
5.1 The prices quoted 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 incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3 If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred in the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
7. Legal liability for defects
The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find further information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020