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 (Monika Reisenauer) via the www.reisenauer.de 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 anoverwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers toevery natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independentprofessional or commercial activity. § 2 Conclusion of the contract (1) The subject-matter of the contract is the selling of products and/ or the provision of repair services.Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(2)
You can use the online shopping cart system to place a binding offer of purchase (order).
(3)
The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
(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 Provision of installation services (1) If the contract includes installation, we shall be responsible for providing installation work set out in the service specification. We shall provide this work to the best of our knowledge and belief in person or via a third party. § 4 Provision of services in case of repairs
(1)
Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.
§ 5 Special agreements related to the offered payment methods
(1)
SEPA Base debit note
§ 6 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.
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.
(1)
The statutory warranty rights are applicable.
(3)
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.
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
§ 8 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).
Alternative dispute resolution:
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.).
3.1 Contract language shall be English.
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.
6.1 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.
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.
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
9.1 Information on the termination of the contract and the terms and conditions of termination can be found in the section “Installation” section of our General Terms and Conditions of Business (Part I), and in the individual quotation.
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
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