Terms and Conditions (GTC)
Terms and Conditions (GTC)
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded via our online shop between us, Tarik Aydin Einzelunternehmen. {Kottbusserstr. 3 10999 Berlin , Support@dripcomb.de} fer " or " we ") and you as our customer (hereinafter " customer " or " you ").
(2) The offer in our online shop is aimed exclusively at entrepreneurs within the meaning of Section 14 Paragraph 1 of the German Civil Code (BGB), who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply. The General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again.
(4) We do not accept any deviating terms and conditions from the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and promotion of articles in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the button "order with payment" you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also declares acceptance in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad if the order value is above a certain minimum. The minimum order value can be found in the price information provided in our online shop.
(6) If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries as long as this is reasonable for you.
(2) The delivery period is approximately 12-31 working days, unless otherwise agreed. It begins - subject to the provisions in paragraph 3 - with the conclusion of the contract.
(3) Delivery of freight forwarding goods shall be free curbside, unless otherwise agreed in individual cases.
(4) For orders from customers whose place of residence or business is abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price plus VAT and shipping costs.
(5) When the goods are handed over to the freight forwarder, the carrier or any other person designated to carry out the shipment, the transport risk shall pass to you, Section 447 of the German Civil Code (BGB).
§ 4 Prices and shipping costs
(1) The prices applicable at the time the order is placed apply. All prices stated in our online shop are net prices plus the applicable statutory VAT and any shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price plus sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
(3) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
§ 5 Terms of payment, offsetting and retention rights
(1) The purchase price plus VAT and shipping costs must be paid no later than two (2) weeks after receipt of our invoice.
(2) You can only pay the purchase price plus VAT and the shipping costs of your choice using the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. As part of the proper course of business, customers are entitled to sell the products to third parties. In this case, customers assign to us the purchase price claims from a resale up to the amount of the respective gross sales price invoiced by us.
§ 7 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). If you are an entrepreneur, the statutory warranty period is 12 months. It begins with the transfer of risk.
(2) You are obliged to examine the purchased goods and to notify us of any obvious defects immediately. This also applies to hidden defects discovered later. If you violate your obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
(3) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall be in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
§ 8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the Customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§9 Data protection
Detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, can be found in our privacy policy at: www.luft-werk.com/pages/datenschutzerklärung
§ 10 Copyright
We own the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) Any changes to the contract must be made in writing. Oral side agreements, including the waiver of the written form, must be made in writing to be valid.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and are domiciled in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
(4) Should parts of this contract be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid agreement with one that largely corresponds to the purpose of the contract and is valid.
