Operator of the online shop:
schlauershoppen.de
Owner: Andreas Dölling
Elbchaussee 14, 22765 Hamburg
Telephone: 0049 40-484 077 33
Contact form
VAT ID: DE232132645
1. General
a) The General Terms and Conditions of Business (AGB) below apply to any and all purchase contracts concluded by the company schlauershoppen.de, owner Andreas Dölling, Elbchaussee 14, 22765 Hamburg (hereinafter: "schlauershoppen.de") with the Customer or which it has mediated with its cooperation partners on behalf of the Customer.
b) Application of deviating, contrary or supplementary general terms and conditions of business is hereby expressly excluded unless their application has been expressly agreed in writing.
c) "Seller" within the sense of these AGB is schlauershoppen.de if and when the Customer concludes the purchase contract with schlauershoppen.de as the contract partner. In cases in which the conclusion of a purchase contract with a cooperation partner is mediated by schlauershoppen.de, the "Seller" is the relevant cooperation partner.
d) "Consumers" within the sense of these AGB are natural persons with whom the Seller enters business relationships and who are not engaged in commercial or freelance professional activities.
e) "Entrepreneurs" within the sense of these AGB are natural or legal entities or partnerships with legal capacity with whom schlauershoppen.de or the partner enters a business relationship and who are acting in the exercise of commercial or freelance professional activities.
f) "Customers" within the sense of these AGB include both consumers and entrepreneurs.
2. Conclusion of Contract
a) Seller's offers are subject to change and non-binding. Any and all offers represent solely an invitation to the Customer to submit an offer for the conclusion of a contract to the Seller. Purchase contracts may be concluded in German, English, Finnish, French, Greek or Italian.
b) The placement of an order represents a binding offer by the Customer. This applies also to orders placed by telecommunications (e.g., Internet, e-mail, telephone, fax, letter). The Customer's placement of an order for goods shall be his binding declaration of his desire to acquire the ordered goods. schlauershoppen.de will confirm receipt of the Customer's order immediately by sending the first e-mail. However, this confirmation receipt does not represent a binding acceptance of the offer. The Seller is entitled to accept the contract offer inherent in the order within two weeks after its receipt. Acceptance is declared in the form of a written order confirmation or by delivery of the ordered goods to the Customer. The contract enters into effect at this point. The order transaction is saved by schlauershoppen.de.
c) The conclusion of the contract is subject to the reservation that it will not be performed, or will be performed only in part, in the event of incorrect or improper supply to the Seller. If and when an ordered item is not available, the Seller is entitled to declare his release from the contractual obligation to deliver the item. The Seller undertakes at the same time to notify the Customer without delay of the unavailability and to reimburse any consideration which may have been received without delay.
3. Compensation
All prices are shown including statutory VAT and excluding the costs for packaging and for shipping and handling, which are shown on the website. If payment is made by COD, an additional charge of €2.00 will be due and payable and will be collected by the deliverer. A surcharge of 2% of the value of the goods will be levied on credit card payments; the surcharge is shown on the order page. Your credit card account will be debited when the order is concluded.
4. Retention of Title
a) The Seller retains title of ownership to any and all goods (reserved goods) which he has delivered until payment has been made in full.
b) The Customer is obligated to handle the goods with care. The Customer is not entitled to pledge or assign by way of security the reserved goods. The Customer shall notify the Seller immediately of any seizures by third parties of the goods which serve as security and have been delivered subject to retention of title and of any change of possession.
5. Right to Return Goods
a) Right to Return Goods
You may return the received goods without giving any reasons at any time within two weeks by sending the goods back to the Seller. The return period begins upon receipt of these instructions in text form (e.g., as letter, fax, e-mail), but not, however, before the receipt of the goods by the recipient (in the event of repeated delivery of similar goods, not before the receipt of the first partial delivery) and not before the fulfilment of our information obligations pursuant to Section 312c (2) BGB (German Civil Code) in conjunction with Section 1 (1), (2) and (4) BGB-InfoV (German Information Regulations to BGB) and our obligations pursuant to Section 312e (1) Sentence 1 BGB in conjunction with Section 3 BGB-InfoV. You may declare the return of the goods by means of a written request to accept the return only in the event of goods which cannot be sent as a package (e.g., bulky goods). The return period shall be deemed observed if the return request or the goods have been dispatched in due time. The goods must be returned or the return request sent to:
SCHLAUERSHOPPEN.DE
Wendenstrasse 255
20537 Hamburg
Germany
b) Consequences of Return
In the event of an effective return, the performances received by both Parties shall be returned and any benefits which may have accrued (e.g., utilisation benefits) shall be surrendered. Value compensation may be requested in the event there has been a worsening of the goods. This provision does not apply if and when the worsening of the goods is solely and exclusively a consequence of their inspection such as that which would be possible for you in shops. In other respects, you may prevent the obligation to pay value compensation for a worsening resulting from the proper utilisation of the item if and when you do not utilise the goods as if they were your property and avoid doing anything which would lessen their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for us when the goods or the return request is dispatched, for us when they are received.
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6. Transfer of Risk
a) For consumers, the risk of accidental loss and accidental worsening of the purchased goods always transfers upon the surrender of the goods to the consumer.
b) For entrepreneurs, the risk of accidental loss and accidental worsening of the goods transfers to the entrepreneur upon surrender, in the case of shipped purchases upon the handover of the goods to the forwarding agent, the carrier or other persons or institutes designated for performance of the shipment.
7. Warranty
a) Consumers may choose between remedy of the defect (subsequent improvement) or substitute delivery as subsequent performance. The Seller is entitled to refuse the type of subsequent performance chosen if it is not possible without incurring unreasonable costs and the other type of subsequent performance does not entail significant disadvantages for the consumer.
b) With respect to entrepreneurs, the Seller is entitled to carry out his choice of subsequent improvement or substitute delivery in the event of defects.
c) If the subsequent performance fails, the Customer may, at his discretion, demand reduction of the compensation or rescind the contract (rescission). However, the Customer is not entitled to rescind the contract in the event of only slight defects.
d) If the Customer decides to rescind the contract due to a legal or material defect after the failure of subsequent performance, he does not have any further claims for damage compensation due to the defect.
e) Entrepreneurs must submit written complaint of obvious defects within 10 days of the receipt of the goods. Entrepreneurs must submit written complaint of defects which are not obvious and which are not discernible during proper inspection within 10 days of their discovery. If the complaint period is exceeded, no warranty can be considered for the pertinent defects.
f) The warranty period for consumers is two years from the handover of the goods. For entrepreneurs, the warranty period is one year as of the handover of the goods. The one-year warranty period does not apply if and when the Seller has been grossly negligent and in cases of fraudulent misrepresentation, injury to body and health for which the Seller is accountable and in the event of the loss of the Customer's life. The above provision is without prejudice for liability in accordance with the Product Liability Act.
g) The Seller is not liable for defects in the supplied goods which have been caused by the improper handling of the goods or by a modification of the goods which has not been approved by the Seller. The above provision also applies in the event that the Customer has not complied with instructions for handling, maintaining and caring for the goods (e.g., operating instructions).
8. Limitation of Liability and Indemnification
a) The Seller is not liable for slightly negligent breach of minor contractual obligations. In the event of a slightly negligent breach of a major contractual obligation, the Seller's liability shall be limited to the foreseeable damage or loss typical of the contract according to the type of goods. Major contractual obligations shall be understood to mean those obligations which must be fulfilled if the contract is to be performed properly at all and which the contractual partner can normally expect to be fulfilled.
b) The liability limitations above do not apply to Customer's claims arising from product liability. Furthermore, the liability limitations do not apply to injury to body or health for which the Seller is accountable or in the event of the loss of life and in cases of fraudulent concealment of a defect or the acceptance of a guarantee.
c) If and when the Seller's liability is excluded or limited, the exclusion or limitation also applies to his staff, employees and vicarious agents.
9. Data Protection
a) The protection of the Customer's personal data is an important concern for the Seller. The Seller carefully and conscientiously uses the data provided to him by the Customer.
b) The Seller strictly complies with statutory provisions for data protection, in particular the German Data Protection Act and the German Telemedia Act, when collecting, processing and utilising the Customer's data. We save the contract text and send to you by e-mail the order data and our AGB. Your past orders are available for viewing in our customer logon section.
d) Details about data protection at schlauershoppen.de can be found in the Data Protection Information of schlauershoppen.de.
10. Offset and Retention
a) The Customer has the right to set off debts only if and when his counterclaims have been finally determined by a court of law or have been recognised by the Seller. The Customer may exercise a right of retention only if and when his counterclaim arises from the same contractual relationship.
b) The Customer is authorised to exercise a right of retention only if and when his counterclaim is based on the same contractual relationship.
11. Final Provisions
a) Any and all legal transactions between the Seller and the Customer shall be governed by the laws of Germany. The UN Convention on the International Sale of Goods (CISG) shall not apply. The above provision is without prejudice for mandatory statutes of the country in which the Customer has his usual domicile.
b) If and when the Customer is a merchant, a legal entity under public law or a public-law special fund, any and all disputes arising from this contract shall be subject solely and exclusively to the jurisdiction of the courts of Hamburg. The above provision shall also apply if and when the Customer is not subject to a general jurisdiction in Germany or if his residence and usual domicile at the time the action is brought are unknown.
c) Should individual provisions of these General Terms and Conditions of Business be invalid, in whole or in part, the remaining provisions shall not be affected.
Hamburg, 01/04/2008 |
