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SvenskaAllgemeine Geschäftsbedingungen mit Kundeninformationen
- Scope
- Offers and service descriptions
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Payment terms
- Retention of title
- Warranty for material defects and guarantee
- Liability
- Storage of the contract text
- Final provisions
1. Scope
1.1. The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between Zwergstatt Gräfenroda UG, Managing Director: Heidrun Viehweg, Zum Wolfstal 1, D-99330 Geratal, OT Gräfenroda (hereinafter “seller”) and the customer (hereinafter “customer”).
1.2. You can reach our customer service for questions, complaints and objections Tue-Fri from 9 a.m. to 4 p.m., Sat 10 a.m. to 3 p.m. by telephone at +49 36205 76470 or by email at shop@zwergstatt-graefenroda.de.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not constitute a warranty or guarantee. All offers are valid “while stocks last” unless otherwise stated for the products. Otherwise, errors are reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the “Add to cart” button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart using the “Checkout” button.
3.2. By clicking on the ‘order with payment’ button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser’s ‘back’ function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.4. If the payment is due according to the calendar, the customer will be in default if the payment is missed. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the seller from claiming further damages for default.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. warranty for material defects and guarantee
8.1. The warranty is determined according to statutory provisions.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by the customer. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.
11. final provisions
11.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. Plattform der Europäischen Kommission zur Online-Streitbeilegung (OS) für Verbraucher: http://ec.europa.eu/consumers/odr/. Wir sind nicht bereit und nicht verpflichtet an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.