terms and conditions
1 Scope of application
(1) The following General Terms and Conditions of Business shall apply to all contracts, deliveries and other services. We shall only recognise conflicting terms and conditions of the customer or terms and conditions that deviate from our General Terms and Conditions of Business if we expressly agree in writing to their validity.
(2) We are entitled to amend or supplement these General Terms and Conditions of Business including all possible attachments. Orders received before will be processed according to the old General Terms and Conditions of Business.
2 Offer and conclusion of contract
Our product information and illustrations are non-binding. Deviations and changes in relation to our illustrations or descriptions are possible. The following regulations apply to the conclusion of a contract within the framework of an order in our Internet shop:
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Order" you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order will be sent by automated e-mail immediately after the order has been accepted. With this e-mail confirmation the contract of sale has been concluded.
3 Delivery, shipping costs, transfer of risk
For shipments up to 199g, which are paid by cash on delivery, an additional fee of 2 EUR will be charged by the deliverer on site. Additional shipping costs will only be charged if expressly agreed. Special forms of shipment requested by the customer will be charged with a local surcharge. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner. If the non-compliance with a delivery or performance period is due to force majeure, industrial action, unforeseeable hindrances or other circumstances for which we are not responsible, the period shall be extended accordingly. In the event of non-compliance with the delivery period from other than the above-mentioned. The customer is entitled to set a reasonable period of grace with the threat of refusal in writing and to withdraw from the contract after its unsuccessful expiry with regard to the delivery or service contained in the contract. If the impossibility of delivery is based on the inability of the manufacturer or our supplier, both we and the customer can withdraw from the contract if the agreed delivery date has been exceeded by more than 2 weeks. In such a case we will inform you immediately. We will refund any payments already made immediately. Claims for damages due to delay or impossibility or non-fulfilment, including those which have arisen up to withdrawal from the contract, are excluded. Unless a legal representative of the company Oliver Höllige acted intentionally or grossly negligently.
4 Retention of title
We reserve the right of ownership of the delivered item until complete payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer behaves contrary to the contract.
5 Cancellation policy
right of withdrawal
You can revoke your contractual statement within 14 days without giving reasons in writing (e. g. letter, e-mail) or - if the goods are handed over to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations according to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Sentence 1 BGB in connection with Article 246 § 3 EGBGBGB. The punctual dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be sent to:
87534 Oberstaufen i. Allgäu
In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e. g. interest) that may have been drawn are to be surrendered. If you are unable to return the received performance to us in whole or in part or only in a deteriorated condition, you must pay us compensation for the value of the goods. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a retail shop. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet rendered the consideration or a contractually agreed partial payment at a higher price of the goods at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for us with their receipt.
End of the revocation instruction
The contractual relationship between us and the customer as well as the respective terms and conditions of business shall be governed by the law of the Federal Republic of Germany. If the customer is a consumer, the legal regulations and rights existing under the law of the country of residence of the customer in favour of the consumer remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction shall be the district court of our registered office if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law.
It is guaranteed that the goods have any agreed quality at the time of delivery or are free from material defects. This means that the goods are suitable for the use stipulated in the contract or are suitable for normal use and have a quality which is customary for goods of the same type and which the customer can expect from us or the manufacturer according to the type of item and/or the announcement. Characteristics of the goods according to our specifications, the identification or advertising shall only be deemed to be part of the agreed quality with respect to entrepreneurs if this is expressly stated in the offer, confirmed by us in writing or marked in the order confirmation. Upon receipt of the goods, the customer shall immediately inspect the goods for defects and condition. In the case of obvious defects, these must be reported to us in writing within 3 days after discovery, as well as hidden defects. Otherwise, the warranty for these defects shall lapse. In the case of complaints, the date of purchase must be verified with an invoice. The claimed article must be sent in together with a copy of the invoice, sufficiently stamped. We reserve the right to deviate from shop and/or brochure illustrations. These deviations, as well as customary deviations with regard to colour, quantity or weight, shall not be considered as defects and shall not give rise to any warranty claims. The warranty does not extend to normal wear and tear. The warranty expires if the customer changes the delivered goods. Partial or complete replacement of the article is permitted. In the event of a defect, you have the right to choose between the statutory claims arising from subsequent performance (remedy of defects or subsequent delivery). If the legal preconditions are met, you also have the right to reduce the purchase price or withdraw from the contract and to claim damages and reimbursement of futile expenses. Subsequent performance may be refused if it is only possible with disproportionately high costs. Withdrawal is excluded if the defect is insignificant.
8 Consumer information on distance contracts for the purchase of goods
We are not subject to any special codes of conduct not mentioned above. The essential characteristics of the goods we offer as well as the validity period of limited offers can be found in the individual product descriptions on our website. You have the possibility to conclude the sales contract in German or English language.
You will automatically receive an email with further information about the execution of the contract. Complaints and warranty claims can be made at the address given in the imprint. For information on payment, delivery or fulfilment please refer to the confirmation of your offer (see §2).
Behaviour in case of input errors: In the Internet shop you will be informed about possible ways of recognizing and correcting input errors as part of the order process.
9 Cost transfer agreement
If you make use of your right of revocation, you have to bear the regular costs of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of revocation, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return shipment is free of charge for you.
10 Severability Clause
Should individual provisions of this contract not be legally effective in whole or in part, or should they lose their legal validity at a later date, the validity of the rest of the contract shall not be affected.