General Terms and Conditions of the Erzgebirgskunst-Shop
§1 Scope and definitions
(1) These general terms and conditions apply to all business relations between us and the customer in the version valid at the time of the order.
(2) “Consumer” in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction with us for a purpose that can not be attributed to either their commercial or their independent professional activity (§ 13 BGB).
(3) “Entrepreneurs” within the meaning of these General Terms and Conditions are all natural or legal persons or legal partnerships who enter into business relations with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). Insofar as an entrepreneur does not act in the exercise of his commercial or self-employed activity, he also benefits from the rights granted to consumers. He is considered a consumer in terms of these terms and conditions.
(4) “Customers” within the meaning of these General Terms and Conditions are understood to mean both consumers and entrepreneurs.
(5) General terms and conditions of entrepreneurs who oppose, deviate from, or supplement our terms and conditions shall, even in knowledge, not be part of the contract, unless their validity is expressly agreed in writing.
§2 conclusion of the contract
(1) The following provisions regarding the conclusion of the contract apply to orders in our Internet shop [www.erzgebirgskunst-shop.de].
(2) If a contract is concluded, this is with
legally represented by the managing director [Jan Schlötzer]
Bad Sodener Straße 17a
D-63628 Bad Soden-Salmünster
(3) The posting of goods in our Internet shop is not a legally binding contract offer by us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thereby makes a binding offer to conclude a purchase contract.
(4) If an order is received in our Internet shop, the following regulations apply:
If a customer goes through the order process shown below, he makes a binding contract offer. The order process takes place in these steps:
a) Select the desired goods
b) Confirm by clicking the “Add to cart” button
c) Check all information in the shopping cart
d) Press the “Cashier” button
e) Login to the webshop after registering and entering the login data (e-mail address and password) or ordering as a guest with a unique address input.
f) Check and correct the entered data.
g) Select shipping methods and payment methods.
h) Binding submission of the order by confirmation by clicking on “Order for a fee”.
Before submitting the order, by clicking the “back” button on its Internet browser, the customer, after reviewing his details, may return to the page where the information provided by the customer during the ordering process was recorded. There he can rectify any errors or end the ordering process by closing the Internet browser. After receiving the order, we confirm this by an automatically written e-mail. However, this e-mail does not constitute acceptance of the offer on our part. Acceptance of the offer is made by us within five days in writing, in writing or by sending the goods.
(5) We save the contract text and send you the data of your order as well as our general terms and conditions by e-mail. You can also retrieve the terms and conditions at [https://www.erzgebirgskunst-shop.de/AGB/].
§3 regulations on prices, shipping costs, payment and due date
(1) All prices, which we specify in our Internet shop, contain the legal value added tax and further price components. Not included are any shipping costs and possibly the cost of cash on delivery. These will be charged separately.
(2) Payment is made in advance (bank transfer), via PayPal, purchase on account. In order to hedge the credit risk, we reserve the right, in accordance with the creditworthiness of the customer, to demand advance payment for the order placed.
(3) If a customer chooses PayPal or prepayment as a payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract. If the customer chooses to pay by iclear (direct debit or credit card), his account will be charged 30 days after delivery of the ordered goods.
(4) A debtor must pay interest on debt during the default of 8 percentage points above the base rate. However, we reserve the right to assert a higher damage caused by default to an entrepreneur.(5) An entrepreneur only has a right of set-off if his counterclaims with which he wishes to set off are undisputed or legally established.
§4 Regulations for delivery and transfer of risk
(1) If we do not expressly state otherwise in the product description, the delivery time of the goods is 2 to 3 working days.
(2) If the customer is a consumer, a transfer of the risk of accidental loss and accidental deterioration of the thing takes place only with the transfer of the thing to the customer.
(3) If the customer is an entrepreneur, a transfer of the risk of accidental loss and accidental deterioration of the goods already takes place when we hand over the goods to the logistics company commissioned by us.
(4) If the customer is an entrepreneur, we reserve the right, in the event that a delivery time can not be met for reasons for which we are not responsible, to determine a new reasonable delivery period. The customer will be informed immediately about non-compliance with the delivery time. If we are unable to deliver the ordered article within the new deadline, we are entitled to withdraw from the contract. If the customer has already provided services, we will refund them immediately.
§5 retention of title
(1) If the customer is a consumer, we reserve the ownership of the goods until full payment of the purchase price.
(2) If the customer is an entrepreneur, we reserve the ownership of the goods until full payment of all claims resulting from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he hereby assigns to us all claims in the amount of the invoice amount, which accrue to the customer through a resale to third parties. We already accept the assignment. The entrepreneur is authorized by us after the assignment to collect the claim. However, we reserve ourselves for the case. The fact that the entrepreneur does not meet his payment obligations properly and is in default of payment, before collecting the claim itself. A processing and processing of the delivered goods by an entrepreneur takes place named and on behalf of us. If an entrepreneur has processed the goods, we acquire the co-ownership of the new thing. This co-ownership is measured in relation to the value of the goods delivered by us. The same applies if an entrepreneur processes or mixes the goods with items that are not ours.
(1) For consumers, the statutory warranty provisions apply.
(2) In the case of used items, warranty claims for consumers deviate from these after one year from delivery of the goods.
Such a shortening of the period of limitation, however, does not apply to such warranty claims, which result in damages and where there is intent or gross negligence or a breach of material contractual obligations. Substantial contractual obligations are those, by the fulfillment of which a proper execution and execution of the contract becomes possible in the first place and on whose observance a buyer normally can trust.
(3) Claims for damages for consumers due to injury to life, limb or health or due to provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
For breaches of duty of our vicarious agents the same regulations apply.
(4) Warranty claims, which are not directed to damages, become time-barred for entrepreneurs after one year from delivery of the goods. This does not affect the statutory limitation periods for recourse claims of the entrepreneur according to § 478 BGB.
(5) Entrepreneurs within the meaning of these General Terms and Conditions are obliged to examine the goods received for quantity and quality deviations. Recognizable defects must be reported in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us of hidden defects within a period of one week in writing. The period begins with the discovery of the corresponding defect. To the time to get it, if the defects display to be used to be be. In particular for the defect itself, for the time of its establishment and for the timeliness of the notice of defects carries thereby the entrepreneur.
§7 Limitation of Liability
It is a liability for damages, unless they result from the violation of material contractual obligations, excluded product liability law (ProdHaftG) are concerned. Substantial contractual obligations are thereby, by the fulfillment of which a proper execution and completion of the contract becomes possible in the first place and whose buyer normally can trust.
For breaches of duty of our vicarious agents the same regulations apply.
In this case, liability for breach of material contractual obligations is limited to those damages that are typically associated with the contract and are foreseeable.
§8 Right of Withdrawal for Customers as Consumers:
Right of withdrawal
You have the right to withdraw from 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.
In order to exercise your right of withdrawal, you must contact us Erzgebirgskunst shop, Inh. Jan Schlötzer, Bad Sodener Straße 17a, 63628 Bad Soden-Salmünster, Phone: 06056-983670, Fax: 06056-983784 E-Mail: service (at) Erzgebirgskunst-shop dot de by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
End of revocation
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To [here is the name, address and, if applicable, fax number and e-mail address of the entrepreneur through the
To insert entrepreneurs]:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
Goods (*) / Provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
§10 Code of Conduct
We have not subjected ourselves to codes of conduct.
§11 Contract language, choice of law, place of jurisdiction
(1) For the execution and completion of the contract only the German language is considered.
(2) For the contractual relations the law of the Federal Republic of Germany applies, whereby the UN-purchase right is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is withdrawn.
(3) If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be our place of business.
§ 12 customer service
For questions, complaints and complaints, our customer service is available on weekdays Mon-Thu from 10:00 to 18:00 and Fri from 10:00 to 16:00
Telephone: 0049 (0) 6056 – 983670
Fax: 0049 (0) 6056 – 983784
eMail: service at Erzgebirgskunst-shop dot de
§13 Severability clause
If one or more provisions of these terms and conditions are invalid or unenforceable or if they subsequently become invalid, the remaining provisions shall remain unaffected. This shall only apply if, by the removal of individual clauses, a contracting party is so unreasonably disadvantaged that it can no longer be expected to cling to the contract.
Status of the Terms: 13.06.2014