Terms & Conditions

General Terms and Conditions of Sale

Please note: only the German version of this text is legally binding. This translation is just for your convenience. 

§ 1  Range of applicability

The following General Terms and Conditions of Sale apply to all of our business relationships with our customers (hereinafter "buyers"), as long as the Buyer is a consumer according to § 13 of the German Civil Code.

§ 2  Prices and order

1. Our prices include the value added tax (that is to say, sales tax) in the legally applicable amount. Additional delivery and shipping costs are specified in each offer of goods.

2. The display of products on our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the button “Send order”, you place binding order of the goods in your shopping cart. Confirmation of the receipt of your order will happen together with the acceptance of your order immediately after submission via automated email. With this email, the sales contract becomes binding. 

§ 3  Payment

1. You choose to pay either by payment in advance, cash on delivery, credit card, direct debit, PayPal or on account. We deliver to new customers on cash on delivery. Existing customers can also choose delivery on account. In this case, the Buyer has to transfer the full price without deductions to our accounts within 30 days after receipt of the invoice. 

2. Should the Buyer default regarding payment, we must invoice him for interest 5% over the base interest rate of the European Central Bank (EZB) per annum. We reserve the right to claim higher damages.

(1) Purchase on Account

When choosing Purchase on Account, the invoice amount is due payment to our external partner Billpy GmbH (www.billpay.de) at the date stated in the invoice (20 calendar days after the invoice date). The payment method “Purchase on Account” is not available for all offers and requires a successful credit history check via Billpay GmbH. If the Buyer is granted “Purchase on Account” after a credit history check, payment will be carried out together with Billpay GmbH, who we cede the receivables to. The Buyer can only pay to Billpay GmbH with debt-discharging effect. For “Purchase on Account”, we still remain responsible for general customer enquiries (i.e. regarding goods, delivery, dispatch), returns, complaints, cancellations and credit notes.

(2) Purchase via Direct Debit, Administrative charges for returned direct debits 

(a) When choosing Purchase via Direct Debit, the invoice amount is payable immediately via our external partner Billpay GmbH (www.billpay.de) by direct debit from the account and bank code entered during the order process (“the account”). You hereby authorize Billpay GmbH revocably to debit the account with the amount payable via direct debit. If the account does not have sufficient cover, the custodian credit institute is not responsible for payment. Partial payments are not acceptable via the direct debit system.

(b) The payment method “Purchase via direct debit” does not exist for all offers and requires amongst other things a successful credit history check by Billpay GmbH and a German account. If the Buyer is offered the payment method “Purchase via Direct Debit”, the transaction will be carried out by Billpay GmbH, who we cede the receivables to. The Buyer can only pay to Billpay GmbH with debt-discharging effect. For “Purchase via Direct Debit”, we still remain responsible for general customer enquiries (i.e. regarding goods, delivery, dispatch), returns, complaints, cancellations and credit notes.

(c) By specifying the account, you confirm that you entitled to debit the relevant account. Returned direct debits are associated with high expenses and costs for us and Billpay GmbH. In case of a returned direct debit (due do a lack of necessary cover of the account, due to expiry of the account or due to objection of the account owner), you are therefore required to pay an administrative charge of 12 Euros per returned direct debit. We reserve to right to further claims. Due to the expenses and costs of returned direct debits, we would kindly ask you not to revoke the debit in case of a cancellation or withdrawal from sale, a return or complaint. In such a case, the monetary return will be carried out in consultation with us via return transfer of the amount or by credit note. 

§ 4  Retention of ownership rights

(1) We reserve the right of ownership until full payment of the invoice amount for dealings with consumers. If you are a entrepreneur dealing in your commercial or self-employed occupation, a corporate body organised under public law or special property under public law, we reserve the right of ownership of the purchased goods until such a time when all bills receivable coming from business ventures with the Buyer are balanced. These security interests are transferable to third parties.

 

(2) You are only entitled to the right to offset against counterclaims if said counterclaims are legally binding or undisputed. You are also entitled to the right of retention only if the counterclaim is based on the same contractual relationship.

(3) If the Buyer is in default with any payment obligations towards us, all remaining bills receivable will be due immediately.

§ 5  Adjustment and Retention

The buyer only has the right to adjust our invoices if his counterclaim has been legally established, we have acknowledged it or do not dispute it. Additionally the buyer is only authorised to retain payment if his counterclaim applies to the same contractual relationship.

§ 6  Return charges (only for returns within Germany)

1. You do have a statutory right of withdrawal that is covered in our separate cancellation policy. If you decide to make use of your right of withdrawal, the returns are free for you unless they meet the conditions covered in clause.

2.  Notwithstanding the conditions in clause 1, you will have to cover the costs of returns if

-  the price of the goods to be returned does not exceed the amount of 40 Euros or
-  if you have not paid the purchase price or instalment for higher priced goods at the time of cancellation

§ 7  Applicable law

Contractual language is German. You have the option to conclude the contract in German or English language

§ 8 Complaints procedure

Alternative Dispute Resolution according to Art. 14 Part 1 ODR-Regulation and § 36 of the Law
on alternative dispute resolution for consumer disputes:
The European Commission will provide a platform for online distribute resolution, which can be found under 
http://ec.europa.eu/consumers/odr/
We are willing to take part in an extrajudicial conciliation procedure. 

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