On the basis of these General Terms and Conditions of Business (AGB), the customer and the supplier shall be bound by each other.
Represented by Michael Hellmich
Address: Alte Poststraße 6 33758 Castle Holte- Stukenbrock
E-mail address: firstname.lastname@example.org
Sales tax identification number: DE815778276
hereinafter referred to as the provider, the contract.
Subject matter of the contract
This contract regulates the sale of new goods via the provider’s online shop. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.
The ordering process for the conclusion of the contract comprises the following steps in the shop system:
Selection of the offer in the desired specification (size, colour, quantity)
Adding the offer to the shopping cart
Press the button ‘order’.
Entering the billing and delivery address
Selection of payment method
Verification and processing of the order and all entries
Press the button ‘order for a fee’.
Confirmation mail that order has been received
With the sending of the order confirmation the contract comes off.
Duration of contract
The contract is concluded for an indefinite period.
The provider reserves the right not to provide the promised service if it is not available.
Prices, shipping costs, return costs
All prices are final prices and include the legal sales tax. In addition to the final prices, further costs are incurred depending on the mode of dispatch, which are displayed before dispatch of the order. If there is a right of withdrawal and this is used, the customer bears the cost of return.
Terms of payment
The customer only has the following options for payment: prepayment, direct debit, payment service provider (PayPal) and invoice. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred after receipt of the invoice, which contains all data for the transfer and is sent with E-Mail, to the account indicated there. If a trustee service/payment service provider is used, this enables the provider and customer to process the payment among themselves. The trustee service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trust service/payment service provider. The customer is obliged to pay or transfer the stated amount to the account stated on the invoice within 7 days of receipt of the invoice. Payment is due without deduction from the invoice date. After the expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or legally established.
Terms of delivery
The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average at the latest after 2 days. The entrepreneur commits himself to the delivery on the 7 day after order entrance. The standard delivery time is 3 days, if nothing else is indicated in the article description. The offerer sends the order from own camp, as soon as the entire order is there in stock. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent delivery obstacle, in particular force majeure or non-supply by own suppliers, although a corresponding covering transaction was made in time, the supplier has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB). The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. This does not apply to compensation claims of the customer due to injury to life, body, health or essential contractual obligations, which are necessary to achieve the contract.
Drafting of contracts
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The contract text is stored by the provider. The customer has no possibility to directly access the stored contract text. The customer can correct errors in the input during the order process. For this he can proceed as follows: The customer can jump back at any time in the order process and correct errors. Should an error nevertheless occur and the order has already been sent, the customer can contact us and we will correct it as desired.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Michael Hellmich, Alte Poststraße 6, 33758 Schloß Holte, 0176/32856396, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
Important: Custom-made products are excluded from the right of withdrawal.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To [insert here the name, address and, if applicable, the fax number and e-mail address of the contractor by the contractor]:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the revocation instruction
Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
The invalidity of a provision of these GTC shall not affect the validity of the other provisions.