Standard Business Terms
and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you
conclude with us as a supplier (Benedikt Glück) via the www.christianmanee.com
website. Unless otherwise agreed upon, the inclusion, if necessary, of your own
conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every
natural person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person,
legal person or legally responsible partnership that concludes a legal
transaction in pursuance of his/its independent professional or commercial
activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) As soon as you place the respective product on our website, we shall submit
to you a binding offer to conclude a contract via the online shopping cart
system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The
goods intended for purchase are placed in the "shopping
cart". You can call up the "shopping cart" using the
corresponding button in the navigation bar and make changes there at any time.
After clicking the
button "Checkout" or "Proceed to order" (or similar
designation) and entering the personal data as well as the payment and shipping
conditions, the order data will finally be displayed to you as an order
overview.
If you use an instant
payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay,
Sofort) as your payment method, you will either be taken to the order overview
page in our online shop or forwarded to the website of the provider of the
instant payment system.
If you are forwarded to
the relevant instant payment system, choose and/or enter your data as appropriate.
Finally, on the website of the provider of the instant payment system or, after
you have been directed back to our online shop, the order data will be
displayed as an order overview.
Before submitting the
order, you have the option once more to review or change (you may also use the
"Back" button on your web browser) any information on the order
summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with
obligation to pay", "buy" / "buy now", "order
with obligation to pay", "pay" / "pay now" or similar
designation) you declare the legally binding acceptance of the offer, whereby
the contract is concluded.
(4) You are not bound by your enquiries regarding the creation of an offer that
have been conveyed to us. We supply you with a textual and binding offer (e.g.
via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated
by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the e-mail
address that you have deposited with us is the correct one, and that the
receipt of the respective e-mails is guaranteed. In particular, you have to
ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal
Checkout", the payment will be processed via the payment service provider
PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449,
Luxembourg; "PayPal"). The individual payment methods via
"PayPal" will be displayed to you under a correspondingly designated
button on our Internet presence as well as in the online ordering process.
"PayPal" may use other payment services for payment processing; if
special payment conditions apply, you will be informed of these separately. You
can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the
ongoing business relationship have been settled in full. The goods subject to
retention of title may not be pledged or transferred by way of security before
ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In
this regard, you hereby cede all the claims amounting to the magnitude of the
billing amount that accrue to you as a result of the re-selling operation to
us, and we accept the cession. Furthermore, you are authorised to collect the
claim in question. However, insofar as you do not discharge your payment
obligations in an orderly fashion, we reserve the right to collect the claim
ourselves.
c) In a situation involving the combination and amalgamation of the goods
subject to retention of title, we acquire co-ownership of the newly-formed
item. This co-ownership corresponds to the ratio that exists between the
invoice value of the goods subject to retention of title and the other
processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the
securities that are due to us, to the extent that the realisable value of our
securities exceeds the claim to be secured by more than 10%. We are responsible
for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is delivered,
and promptly disclose your complaints to us and the shipping company in
writing. Even if you do not comply with this request, it shall have no effect
on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed to be agreed if you were informed of the
same by us before submitting the contractual declaration and the deviation was
expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an
entrepreneur, the following shall apply in deviation from the above warranty
provisions:
a) Only our own
specifications and the manufacturer's product description shall be deemed
agreed as the quality of the goods, but not other advertising, public
promotions and statements by the manufacturer.
b) In the event of
defects, we shall, at our discretion, provide warranty by rectification of the
defect or subsequent delivery. If the rectification of defects fails, you may,
at your option, demand a reduction in price or withdraw from the contract. The
rectification of defects shall be deemed to have failed after a second
unsuccessful attempt, unless the nature of the goods or the defect or other
circumstances indicate otherwise. In the event of rectification of defects, we
shall not be obliged to bear the increased costs arising from the transport of
the goods to a place other than the place of performance, unless such transport
is in accordance with the intended use of the goods.
c) The warranty
period shall be one year from delivery of the goods. The shortening of the
period shall not apply
- for culpable damage
attributable to us arising from injury to life, limb or health and for other
damage caused intentionally or by gross negligence;
- insofar as we have
fraudulently concealed the defect or have assumed a guarantee for the quality
of the item;
- in the case of items
which have been used for a building in accordance with their customary use and
have caused its defectiveness;
- in the case of
statutory rights of recourse that you may assert against us in connection with
rights arising from defects.
§ 6 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the mandatory
provisions of the law of the country in which the respective customer’s usual
place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale
of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Benedikt Glück
Rötelsteinweg 8
82441 Ohlstadt
Germany
Telephone: +4915168487049
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of
disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution
proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the
contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our
standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the
order is sent, via the online - shopping cart system the contract
data can be printed out or electronically saved using the browser’s print
function. After the order is received by us, the order data, the legally-mandated
details related to distance selling contracts and the standard business terms
are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a
binding offer in written form, via E-mail for example, for quotation requests
outside of the online shopping basket system, which can be printed out or saved
electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of
Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective
quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices,
as do the shipping costs. They include all the price components, including all
the incidental taxes.
6.2 There are no shipping costs.
6.3 If delivery is made to countries outside of the European Union, we may
incur unreasonable additional costs, such as duties, taxes or money transfer
fees (transfer or foreign exchange fees charged by the banks), which you must
bear.
6.4 You must also bear the costs arising from money transfers in cases in
which the delivery is made to an EU Member State, but the payment is initiated
outside of the European Union.
6.5 The payment methods that are available to you are shown by
clicking the appropriate button on our website or are disclosed in the
respective quote.
6.6 Unless otherwise specified for the respective payment methods, the
payment claims arising from the contract that has been concluded become payable
immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply
restrictions, if applicable, can be found by clicking the appropriate button on
our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The
risk of the sold item accidentally being destroyed or degraded during shipping
only passes over to you when the item in question is delivered, regardless of
whether or not the shipping operation is insured. This condition does not apply
if you have independently commissioned a transport company that has not been
specified by us or a person who has otherwise been appointed to execute the
shipping operation.
If you are a businessman, the delivery and shipping operations take place at
your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General
Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT
law who work for the Händlerbund, and are constantly checked for legal
conformity. Händlerbund Management AG guarantees the legal security of the
texts and assumes liability in case warnings are issued. More detailed
information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 22.10.2024
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