General Terms and Conditions
General terms and conditions for the online store "Polsterbag.de
Operator of the online store:
Greeny GmbH
Field mountain road 1
61449 Steinbach
Phone: 06151/6290882
E-Mail: shop@polsterbag.de
§ 1 General, clientele, language
(1) All offers, sales contracts, deliveries and services based on orders placed by our clients (hereinafter referred to as Customers) via our online store www.polsterbag.de (hereinafter referred to as the "Online Shop") are subject to these General Terms and Conditions. They are an integral part of all contracts concluded by the Seller with his contractual partners (hereinafter also referred to as "Customers") for the deliveries or services offered by him. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.
(2) The product range in our online store is aimed exclusively at entrepreneurs. For the purposes of these General Terms and Conditions, an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (Section 14 (1) of the German Civil Code).
(3) Terms and conditions of the Customer or third parties shall not apply, even if the Seller does not separately object to their applicability in individual cases. Even if the Seller refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this shall not constitute an agreement to the validity of those terms and conditions.
(4) Contracts with the Customer shall be concluded exclusively in the German language.
§ 2 Offer and Conclusion of Contract
(1) All offers in the online store are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. Orders or contracts can be accepted by the seller within fourteen days of receipt.
(2) By placing an order in the online store, the customer makes a binding offer to purchase the relevant product. We may accept the offer until the end of the third working day following the day of the offer.
(3) We shall send the customer a confirmation of receipt of the offer without undue delay after receipt of the offer, which shall not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only be concluded upon our acceptance.
(4) Supplements and amendments to the agreements made must be in writing to be effective. With the exception of managing directors or authorized signatories, the employees of the online store are not entitled to make verbal agreements that deviate from this. Telecommunicative transmission, in particular by fax or by e-mail, shall be sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted.
(5) Information provided by the Seller on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) shall only be approximate unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components with equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
§ 3 Prices and payment
(1) Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless otherwise expressly agreed, we shall deliver only against advance payment (in the manner specified in the online store on the order form) or cash on delivery, in each case against invoice.
(3) If delivery on account has been agreed, our invoices shall be due for payment within 30 working days after dispatch of the goods and receipt of the invoice by the customer. The date of receipt by the Seller shall be decisive for the date of payment. Payment by check is excluded, unless it is agreed separately in individual cases. If the customer fails to make payment when due, interest of 5% p.a. shall be charged on the outstanding amounts from the due date; the right to claim higher interest and further damages in the event of default shall remain unaffected.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally adjudicated.
§ 4 Shipment of the goods
(1) Deadlines and dates specified by us for the dispatch of the goods shall always apply only approximately and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed.
(2) All delivery periods stated by us in the order or otherwise agreed upon shall commence (a) if delivery against advance payment has been agreed upon, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment by cash on delivery or on account has been agreed upon, on the day of the conclusion of the purchase contract.
(3) The date on which the goods are handed over by us to the shipping company shall be decisive for compliance with the shipping date.
(4) Even if goods are marked as "in stock" on the order form, we shall be entitled to sell these goods at any time if
a. there is a notice on the order form that the goods are only available to a limited extent, or
b. the delivery is made against advance payment and the payment is not received by us within a period of five working days after our acceptance of the offer.
In these cases, shipment within the agreed period or the period specified by us shall only take place while stocks last.
(5) If no delivery period is specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted under para. 4, shipment within three weeks from the relevant start of the delivery period pursuant to para. 2 shall be deemed agreed.
(6) In the event that our supplier fails to deliver to us in due time goods which are indicated on the order form as "not in stock" or which have been sold off in accordance with para. 4, the delivery period applicable in each case in accordance with this clause 4 shall be extended until delivery by our supplier plus a period of three working days, however, by a maximum period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have immediately reordered the goods.
(7) If the goods cannot be delivered or cannot be delivered in time for one of the reasons mentioned in paragraph 6, we shall notify the customer thereof without undue delay. If the goods are not available from our suppliers for the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The legal rights of the customer due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of § 9 of these General Terms and Conditions.
(8) The Seller shall only be entitled to make partial deliveries if
- the partial delivery is usable for the customer within the scope of the contractual intended purpose
- the delivery of the remaining ordered goods is ensured and
- the customer does not incur significant additional expenses or costs as a result (unless the seller agrees to bear these costs).
§ 5 Place of Performance, Shipping, Insurance, Packaging, Transfer of Risk, Acceptance
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
(2) We shall only owe the timely, proper delivery of the goods to the transport company and shall not be responsible for any delays caused by the transport company. A shipping time stated by us is therefore non-binding.
(3) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or the Seller has assumed other services (e.g. shipping or installation). If the dispatch or the handover is delayed due to a circumstance the cause of which lies with the customer, the risk shall pass to the customer from the day on which the delivery item is ready for dispatch and the seller has notified the customer of this.
(4) Storage costs after transfer of risk shall be borne by the Customer. In the event of storage by the Seller, the storage costs shall amount to [0.25]% of the invoice amount of the delivery items to be stored per expired week. The right to claim and prove further or lower storage costs is reserved.
(5) The Seller shall insure the consignment against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the Customer and at the Customer's expense.
§ 6 Retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer shall not be entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
§ 7 Warranty, material defects
(1) The warranty period shall be one year from delivery. This period shall not apply to claims for damages by the Customer arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Seller or his vicarious agents, which shall in each case be time-barred in accordance with the statutory provisions.
(2) The delivered items shall be inspected carefully immediately after delivery to the Customer or to the third party designated by the Customer. With regard to obvious defects or other defects that would have been recognizable in the course of an immediate, careful inspection, they shall be deemed to have been approved by the customer if the seller does not receive a written notice of defect within seven working days after delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the Customer if the notice of defect is not received by the Seller within seven working days of the time at which the defect became apparent; however, if the defect was already apparent to the Customer at an earlier time during normal use, this earlier time shall be decisive for the commencement of the period for giving notice of defect. At the request of the Seller, a delivery item which is the subject of a complaint shall be returned to the Seller carriage paid. In the event of a justified complaint, the Seller shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.
(3) In the event of material defects of the delivered items, the Seller shall first be obliged and entitled to rectify the defect or to make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the customer may withdraw from the contract or reasonably reduce the purchase price.
(4) If a defect is due to the fault of the Seller, the Customer may claim damages under the conditions specified in § 8.
(5) The warranty shall not apply if the Customer modifies the delivery item or has it modified by a third party without the Seller's consent and the rectification of the defect becomes impossible or unreasonably difficult as a result. In any case, the customer shall bear the additional costs of the rectification of defects arising from the modification.
(6) Any delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty for material defects.
§ 8 Industrial property rights
(1) The Seller warrants in accordance with this § 8 that the delivery item is free of industrial property rights or copyrights of third parties. Each contracting party shall notify the other contracting party in writing without delay if claims are asserted against it due to the infringement of such rights.
(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, the Seller shall, at its discretion and at its expense, modify or replace the delivery item in such a way that no rights of third parties are infringed any longer, but the delivery item continues to fulfill the contractually agreed functions, or procure the right of use for the Customer by concluding a license agreement. If the Seller does not succeed in doing so within a reasonable period of time, the Customer shall be entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages by the customer shall be subject to the limitations of § 9 of these General Terms and Conditions of Delivery.
(3) In the event of infringements of rights by products of other manufacturers delivered by the Seller, the Seller shall, at its discretion, assert its claims against the manufacturers and upstream suppliers for the account of the Customer or assign them to the Customer. In such cases, claims against the Seller shall only exist in accordance with this § 8 if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers was unsuccessful or is futile, for example due to insolvency.
§ 9 Liability for damages due to fault
(1) The Seller's liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, shall be limited in accordance with the provisions of this § 9, insofar as fault is relevant in each case.
(2) The Seller shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, unless this involves a breach of material contractual obligations. Material contractual obligations are the obligation to deliver the delivery item in due time, its freedom from defects of title as well as such material defects that impair its functionality or usability more than insignificantly, as well as advisory, protective and custodial obligations that are intended to enable the customer to use the delivery item in accordance with the contract or are intended to protect the life and limb of the customer's personnel or to protect the customer's property from significant damage.
(3) Insofar as the Seller is liable on the merits for damages pursuant to § 9 para. 2, this liability shall be limited to damages which the Seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which it should have foreseen by exercising due care. Indirect damages and consequential damages which are the consequence of defects of the delivery item shall furthermore only be compensable insofar as such damages are typically to be expected when using the delivery item as intended.
(4) ) Our liability for delay in delivery is - except in the case of intent or gross negligence - limited to an amount of 50 % of the respective purchase price (including value added tax), even if it concerns a breach of essential contractual obligations.
(5) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the Seller.
(6) Insofar as the Seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of performance owed by it, this shall be done free of charge and to the exclusion of any liability.
(7) The limitations of this § 8 shall not apply to the Seller's liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
§ 10 Final Provisions
(1) If the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Seller and the Customer shall be, at the Seller's option, Darmstadt or the Customer's place of business. In such cases, however, Darmstadt shall be the exclusive place of jurisdiction for actions against the Seller. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
(2) The relations between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
(3) Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had been aware of the loophole.
§11 Right of revocation
If you are a consumer, you shall have a right of revocation in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us ([name online merchant], [address], [telephone number], [fax number], [e-mail address]) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.