General terms and conditions of business

General terms and conditions with customer information
providers

scope
Offer and conclusion of contract
delivery time
Binding deadlines
Prices and shipping costs
Transport risk, delay in acceptance
Payment methods, interest on arrears
Retention of title
Exclusion of the right of withdrawal
Reservation of withdrawal
Statutory warranty law
Notification of defects
Limitation of Liability, Guarantees
Contract language, contract text storage
Applicable law, jurisdiction agreement
Severability clause
Note on the disposal of batteries / rechargeable batteries
providers
The provider of the product range presented in this online shop and contractual partner when concluding sales contracts that are concluded via this online shop is the legal entity named below (hereinafter: "provider"):


Andreas Mattisseck
Kirchstrasse 23
65321 Heidenrod / GermanyTel .: + 49- (0) 6775-96 88 88 4
Fax .: + 49- (0) 6775-96 88 88 3
[email protected]

Owner: Andreas Mattisseck
Sales tax identification number: DE161743977

 

  1. area of application

(1) The following general terms and conditions apply to all contracts concluded via this online shop. These also contain the information required by law in accordance with the regulations on contracts for distance selling and electronic business transactions.
(2) The offer in this online shop is aimed exclusively at entrepreneurs. Contracts that are concluded via this online presence are only concluded with entrepreneurs.
(3) Deviating terms and conditions of the customer have no effect without the written consent of the provider.
(4) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.


Offer and conclusion of contract
(1) The product presentations in this online shop are always non-binding and do not represent an offer in the legal sense. The product presentation invites the customer to place the desired products in the shopping cart and, by ordering the products, a legally binding offer to purchase the ordered products To sell products. The time of the conclusion of the contract is based on point 4. (3) of these terms and conditions.
(2) The customer can use the shopping cart function to place the desired products in the shopping cart without obligation. To do this, press the corresponding button or symbol on the respective product page. A product that is not desired and has already been selected can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking the delete button.
(3) If all the desired products are in the shopping cart, the customer can initiate the payment process:
(a) "Checkout" button:
If the customer presses the checkout button, he can log in with an existing customer account, open a new customer account or use the guest order function to place the order without opening a customer account. In the following, the customer must enter the personal data required to process the contract, with mandatory fields being highlighted. In the further order process, the desired method of payment and shipping will be requested. At the end of the ordering process, the customer arrives at an overview page ("checkout") on which the data entered, the selection made by the customer, the desired products as well as the costs and their composition are listed. The customer can check his selection and entries at this point. Errors can be corrected by pressing the respective change button and corresponding new entry / selection. By pressing the order button ["order with obligation to pay"] the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded upon acceptance of the offer by the provider by sending an order confirmation within 48 hours. Otherwise the offer is considered rejected.
(b) "Direct to PayPal" button:
If the instant payment system "PayPal-Plus" is selected, the customer is redirected to the PayPal log-in page by clicking the "Direct to PayPal" button. After successful registration, the shopping cart as well as the address and payment data stored with PayPal are displayed. Here the customer has the opportunity to check his entries and to correct errors by clicking the respective button ["Change"] and making a new entry or selecting a new one. By clicking the button ["Pay now"] the purchase process is completed and the contract with the provider is concluded immediately.

delivery time
The delivery time is specified on the product detail page. In the case of products identified as "immediately available", the delivery time is 1 - 3 working days from the order confirmation or, if the payment method is selected, from the receipt of payment by the provider. In the case of products marked as "not available", the customer will be informed of the expected delivery time in the order confirmation or the delivery time will be different in the respective offer. Sundays and public holidays are not to be taken into account in the calculation. The specified delivery times only apply to shipping within Germany. Shipping abroad, if offered, can take 3-4 working days longer.
Binding deadlines
(1) Binding deadlines must always be set in writing.
(2) Failure to comply with a delivery period only entitles the customer to withdraw from the contract if the customer has expressly pointed out by the time the contract is concluded at the latest that a service thereafter no longer makes sense for the customer and the service thereafter no longer represents the fulfillment of the contract ( absolute firm deal).
(3) If a delivery deadline is not met, the customer must set the provider a subsequent delivery deadline of 14 days. The customer is only entitled to withdraw from the contract after this period has expired without result. Points 5 (2) and 5 (4) of these terms and conditions remain unaffected.
(4) Delays in performance due to force majeure (e.g. strikes, lockouts, official orders, general disruptions in telecommunications, etc.) and circumstances in the customer's area of ​​responsibility (e.g. failure to provide cooperation services on time, delays by third parties attributable to the customer, etc.) to represent. In this case, the provider is entitled to make up for the performance of the services concerned for the duration of the hindrance plus a reasonable start-up time. The provider will immediately notify the customer of any delays in performance due to force majeure.
Prices and shipping costs
(1) The prices stated in this online shop are net prices and do not include the statutory sales tax.
(2) If shipping costs are incurred, these will be listed on a corresponding and linked subpage for the delivery area offered.
(3) If a shipment is offered outside the EU, additional duties, taxes and fees may apply, which are to be borne by the customer and to be paid to the responsible customs and tax authorities. The customer can request the details from the responsible customs or tax authorities before ordering. There are also helpful information pages such as the following:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm


Transport risk, delay in acceptance
(1) The goods are delivered ex works. The customer bears the loading and transport risk. Transport insurance is not taken out unless such has been agreed upon at the express request and at the expense of the customer.
(2) The goods are packaged with the usual care to prevent damage. Special packaging, if expressly requested by the customer, will be charged to the customer separately.
(3) If the customer is responsible for the undeliverability of a consignment, he has to bear the resulting additional costs. Shipments are considered undeliverable if no person authorized to receive them is found and the collection period has passed without result, acceptance is refused by the recipient or authorized recipient or the recipient cannot be identified at the address given by him. A refusal of acceptance also applies to the prevention of delivery via an existing receiving device (e.g. taping the house letter or parcel box), the refusal to pay the cash on delivery amount / the cash on delivery costs (if the cash on delivery payment method was offered and selected by the customer) or the refusal to deliver the confirmation of receipt.
(4) If the customer does not accept the goods at the agreed time or if acceptance is not possible at the agreed time due to the fault of the customer, the customer is in default of acceptance. He has to bear the costs of the resulting additional expenses. The provider reserves the right to set a grace period for acceptance of 10 working days. If the second acceptance also fails, the provider is entitled to withdraw. In such a case, the provider reserves the right to claim lump-sum damages in the amount of 15% of the net purchase price; the right to claim further damages is reserved. The customer is allowed to prove that no or only minor damage has occurred.

Payment methods, interest on arrears
(1) Payment can be made by the customer either by PayPal, bank transfer, credit card, cash on delivery or, in individual cases, on account.
(2) A purchase on account is only possible after prior agreement with the provider.
(3) The "cash on delivery" payment method is only available within Germany.
(4) When paying by cash on delivery, there are additional charges of 10.00 euros in addition to the usual shipping costs.
(5) When paying by credit card, the credit card account will be debited after the order has been confirmed.
(6) The delivery of the goods takes place with the prepayment payment methods after receipt of payment by the provider.
(7) If the customer is in default of payment, default interest of 8 percentage points above the base rate is due.


Retention of title
(1) The goods remain the property of the provider until all claims from the business relationship have been paid in full.
(2) As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. If maintenance and inspection work has to be carried out before the transfer of ownership, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must immediately notify the provider in writing if the delivered item is seized or exposed to other interventions by third parties.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns the claims from the resale of the reserved goods to the provider in the amount of the outstanding purchase price claim. This also applies if the purchased item is processed and then resold. The customer remains authorized to collect the claim even after the assignment. The authority of the provider to collect the claim himself remains unaffected. As long as the customer fulfills his payment obligations, there is no default and no application for the opening of insolvency proceedings has been made against the customer, or the payment has been suspended, the assignment will not be disclosed and the claim will not be collected.


Exclusion of the right of withdrawal
Since contracts are only concluded with entrepreneurs via this online shop, the customer has no right of withdrawal.


Reservation of withdrawal
If, after the conclusion of a purchase contract, the supplier experiences delivery difficulties in the form that the supplier himself is not supplied on time in terms of type and quantity, the supplier reserves the right to withdraw from the contract. The above only applies in the event that the provider is not responsible for the lack of delivery, in particular concluded a hedging transaction in good time to fulfill his contractual obligations and immediately informed the customers concerned. In such a case, the provider will immediately reimburse the services already provided by the customer.


Statutory warranty law
(1) Notwithstanding the statutory provisions, a warranty period of one year from delivery to the customer applies to contracts with entrepreneurs for the delivery of new goods.
(2) In the case of contracts with entrepreneurs for the delivery of used goods, a warranty period of three months from delivery to the customer applies.
(3) The rights of the entrepreneur from §§ 478, 479 BGB remain unaffected.
(4) The above shortening of the warranty period does not apply to claims based on damage caused by the provider, his legal representatives or vicarious agents in the following cases: In the event of injury to life, limb or health, intentional or grossly negligent breach of duty, in the case of fraudulent concealment of a defect, in the event of a breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the buyer can regularly rely (cardinal obligation). Furthermore, the provider is liable under the Product Liability Act, insofar as the scope of application of the Product Liability Act is opened, or in other cases listed by the law in which liability on the part of the provider is mandatory.

Notification of defects
If the customer is a merchant within the meaning of the German Commercial Code, he must notify the provider of defects immediately, but no later than one week after receipt of the goods. Defects that cannot be discovered within this period, even with careful inspection, must be reported in writing immediately after their discovery, otherwise the goods shall be deemed to have been approved even with regard to this defect. The foregoing does not apply if the provider fraudulently concealed the defect or assumed a corresponding guarantee. If the provider enters into negotiations about a complaint, this does not in any way represent a waiver of the objection to the late, inadequate or unfounded complaint.


Limitation of Liability, Guarantees
(1) The provider is fully liable for damage if he is guilty of willful intent or gross negligence.
(2) The provider is only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the buyer can regularly rely (cardinal obligation). Otherwise, liability in the event of simple negligence is excluded.
(3) If the provider is liable for simple negligence as above, the liability is limited to the damage that would typically have to be expected based on the circumstances known at the time the contract was concluded.
(4) The aforementioned exclusions and limitations of liability do not apply if a guarantee for the quality of the goods has been assumed or the defectiveness of the goods has been fraudulently concealed. The provider is also fully liable for damage that he has to compensate for in accordance with the Product Liability Act, as well as for damage to life, body and health.
(5) If the manufacturer or the provider gives guarantees for certain products, this is indicated on the corresponding product page or on a separately linked subpage. The statutory rights of the customer, in particular the statutory warranty rights, are not affected by any guarantees granted.


Contract language, contract text storage
(1) The contract language is German.
(2) The contract text is not saved by the provider after the contract is concluded and is not accessible to the customer. The customer can print out the contract text before the contract is concluded and / or save it in a reproducible form by taking screenshots of the main websites or converting it to PDF format.


Applicable law, jurisdiction agreement
(1) The sales contracts concluded via this online shop are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN sales law.
(2) In the case of disputes regarding contracts that have been concluded via this online shop, the place of jurisdiction in whose district the provider is based is agreed if the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.


Severability clause
If one of the above provisions is wholly or partially ineffective due to legal provisions, regulations or changes in the law, all other provisions remain unaffected and continue to apply in full.


Note on the disposal of batteries / rechargeable batteries
If batteries or rechargeable batteries are included in the scope of delivery, please note the following: Used batteries and rechargeable batteries must not be disposed of with household waste. By law, used batteries and accumulators are to be disposed of exclusively through retailers or the specially set up collection points. Retailers and manufacturers are legally obliged to take back batteries and rechargeable batteries free of charge and to recycle them properly or dispose of them as hazardous waste. The customer can therefore return used batteries and accumulators free of charge to a communal collection point or to the retailer or to the provider.
Batteries and rechargeable batteries are marked with a crossed-out garbage can. For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the respective chemical symbol (Hg (mercury), Cd (cadmium) or Pb (lead) is below the garbage can symbol listed.

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