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General business conditions 1 TG
§ 1 general - coverage
1. the following general business conditions are applicable to all business relationships between us and a customer.
2. consumer in the sense of these business conditions is natural people, with which is kicked in business relationship, without an industrial or independent vocational activity being able to class as belonging to this.
Entrepreneurs in the sense of these business conditions are natural or legal people or right-capable persons companies, with which is kicked in business relationship and trades them/her/it in exercise of her/its/their industrial or independent vocational activity.
Consumers are customer in the sense of these business conditions exclusively. To businesses, deviant conditions are applicable.
3. the setting valid at the time of the contract end is decisive in each case.
4. our offer directs for itself exclusively at customers with residential or business seat in the European union.
§ 2 contract end
1. the conditions for our merchandise are subject to change and not binding. Our representation of merchandise in the internet doesn't represent any offer but, to order a not binding invitation to the customers. Technical as well as other alterations of form, color or weight remain in the framework of the reasonable reservation.
2. with the order, the customer explains the wished ware binding is contract offer.
We will confirm the access of the customer's order instantaneously. The access confirmation doesn't still represent any binding assumption of the order. The access confirmation represents an assumption explanation only when we explain this expressly.
The receipt of a telephonic order doesn't represent any binding assumption unsererseits.
3. we are justifiable, that to accept lying contract offer in the order within two weeks. With on electronic way of ordered ware is we justifiable to assume the order after entrance with us within three working days.
We are justifiable, the assumption of the order-approximately after examination of the customer's Bonität-, to reject.
We are justifiable to limit the order to a haushaltsübliche quantity.
4. the contract end takes place under the reservation, in the case not right or not proper self supply, to achieve, not or only partially. This is applicable only to the case that the non-delivery is to be not represented from us.
In the case of the non-availability or the only partial availability of the ware, the customer is informed instantaneously. The return is reimbursed instantaneously.
§ 3 retraction and return right
1. the consumer has the right to revoke his will explanation directional at the conclusion of the contract after entrance of the ware within two weeks. The retraction doesn't need to contain any reason and is to be explained in text form or through return of the ware opposite the salesperson; to the period maintenance, the timely dispatch suffices. The retraction right is impossible with the delivery of merchandise after customer specifications or the Entsiegelung of the ware.
2. the consumer is indebted with exercise of the retraction right to the return if the ware can be sent by package. The consumer carries the costs of the return with exercise of the retraction right, unless, the delivered ware doesn't correspond to the ordered ware.
3. the consumer has Wertersatz to achieve for a deterioration originated through the due Ingebrauchnahme of the ware. The consumer can test the ware carefully and carefully as this would be possible in the store business. The value loss, that leads through the utilization outgoing over the pure examination, that "again the ware no more than “can be sold, the consumer has to carry. The consumer has to handle the ordered ware carefully in order to avoid the payment of the value substitute in the case of a return.
§ 4 reimbursement
1. the offered price is binding. The legal sales tax is in the price contained. The offered price is applicable to the case of special offers limited at the special action.
At the shipment purchase, the price knows plus shipping costs, that are to be taken the offer.
For the customer, no additional costs occur with order through utilization of the long-distance communication means.
The customer has to do the price for Vorkasse per remittance, VISAS, MasterCard or PayPal, it then become arrange it other payment conditions. We keep the right for ourselves to exclude before individual payment types.
2. the customer commits himself to pay the price at the latest within ten days after receipt of the ware. After course of this period, the customer comes in default.
§ 5 guarantee
It has 1. consumer the election whether the after-fulfillment should take place through update or substitute delivery. We are justifiable, the type the chosen after-fulfillment, to refuse, if she/it is possible only with disproportionate costs and the other type is left for the after-fulfillment without considerable disadvantages to the consumer.
2. if the after-fulfillment goes wrong, the customer can ask reduction of the reimbursement (decrease) or Rückgängigmachung of the contract (resignation) as well as compensation for his/its election in principle. With only insignificant lacks, no resignation right is entitled the customer.
3. customer has to show us obvious lacks of the ware in writing within 2 months after reception; alternatively, the assertion of the guarantee claim is impossible. Updates through the customer or third are impossible and have the going out of all guarantee claims to the consequence. The business instructions of the salesperson or manufacturer are not followed, executed not in time the stipulated service intervals, the vehicle or the article unfachgemäß repairs, performed alterations at the vehicle or the article or not released parts replaced, so every guarantee is discontinued. This also is valid if the lack is to be led back on improper use, montages, storage or handling of the vehicle or the article. A guarantee for business-usual wear is impossible. There is not guarantee for wear parts, external use tracks, with industrial utilization or competition use of the vehicle or article furthermore.
4. for Neuware, the guarantee period amounts to two years from delivery of the ware.
With used matters, the guarantee period amounts to one year from delivery of the ware.
5. we don't hand over any guarantees opposite our customers in the legal sense. Manufacturer guarantees remain from this untouched.
§ 6 data protection
1. in the case of a close of escrow raises and we process put person-referential data for ourselves from the customer to the disposal in our system and use these for the duration of the contract handling, i.e. for the order processing as well as settlement. Person-referential data are account connection all information, on the basis of whose a person can be identified directly or indirectly, residential address, for example name, e-mail address, date of birth, occupation, etc
We give the customer information about his person-referential data stored with us gratuitously.
The customer can request about the correction, closing and stoppage his person-referential datum stored with us anytime.
We give the for this necessary, person-referential data for the purpose and for the duration of the shipment of the ware at the business assigned by us.
2. the rise, processing and utilization of the person-referential data for marketing purposes needs of the customer the consent. The right to anytime-y retraction of the consent with effect is entitled the customer for the future.
§ 7 end regulations
1. it is worth the right of the Federal Republic of Germany. This legal election, in which the consumer has his/its usual stay, is valid with consumers only insofar, as not the granted protection through necessary regulations of the right of the state, who don't complete the contract for vocational or industrial purposes, is withdrawn.
The regulations of the un purchase right don't find any application.
2. the customer is merchant, legal person of the public right or legal special fortune, is exclusive jurisdiction our business seat for all disputes from this contract. The same is valid if the customer doesn't have any general jurisdiction in Germany or is not familiar residence or usual stay in the time of the complaint rise.
3. individual regulations of the contract with the customer including these general business conditions should be whole or partially ineffective or should become, so the validity of the remaining regulations is not touched hereby. This whole or partially ineffective regulation should be replaced with a regulation, whose economic success comes him/it the ineffective as near as possible.