General terms and conditions with customer information
contents
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
liability
Applicable law
Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Holger Krause, acting under "Gebaeudetechnik Holger Krause" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") also concludes the seller with regard to the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends on the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal in the online ordering process, the seller declares to accept the customer's offer at the time when the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer using his password-protected user account and specifying the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
2.4 When a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal in the online ordering process, the seller declares to accept the customer's offer at the time when the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer using his password-protected user account and specifying the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address provided by the customer, unless otherwise agreed.
5.2 For goods that are delivered by a freight forwarder, delivery takes place "free curbside", that is to the nearest public curbside to the delivery address, unless the shipping information in the seller's online shop provides otherwise and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters in consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
the rights and claims for defects are basically excluded for used goods;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The limitations of liability and the shortening of the deadlines set out in the previous paragraphs do not apply
for items that have been used for a building in accordance with their normal use and have caused its deficiency,
for claims for damages and reimbursement of expenses of the customer, as well
in the event that the seller has maliciously concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
the rights and claims for defects are basically excluded for used goods;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.3 The limitations of liability and the shortening of the deadlines set out in the previous paragraphs do not apply
for items that have been used for a building in accordance with their normal use and have caused its deficiency,
for claims for damages and reimbursement of expenses of the customer, as well
in the event that the seller has maliciously concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.