§ 1 - General - Scope
(1) Our conditions of sale apply exclusively to all current and future business relationships; We do not recognize customer conditions that conflict with or deviate from our conditions of sale, unless we have expressly agreed to their validity. Our conditions of sale also apply if we carry out the delivery to the entrepreneur without reservation while being aware of conflicting or deviating conditions of purchase of the customer.
(2) All agreements that are made between us and the customer for the purpose of executing this contract must be set out in writing in this contract.
§ 2 - Offer - Offer documents
(1) If the order qualifies as an offer in accordance with Section 145 BGB, we can accept it within a maximum of 2 weeks. The acceptance can be declared in writing or by delivering the goods to the customer.
(2) Our offer is non-binding, unless otherwise stated in the order confirmation.
(3) We reserve property rights and copyrights to images, drawings, calculations and other documents. This also applies to written documents that are designated as "confidential". Before passing them on to third parties, the customer requires our express written consent.
(4) Information in catalogs, drawings and descriptions as well as information on performance, dimensions, weight and color are only approximate unless they are the subject of a binding offer. In addition, we reserve the right to make design and shape changes and improvements to the delivery item made by the manufacturer during the delivery time if these changes are reasonable for the customer. Deviations in size, content, weight and color tones are permitted within the scope of what is customary in trade.
(5) If the contract is concluded, the contract comes with SchokoBedarf GmbH Taube Bünte 21, D-29308 Winsen / Aller Register number HRB 204770 Lüneburg District Court conditions.
(6) The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(7) When an order is received in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order takes place in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the button "Order" or "Add to shopping cart"
3) Checking the information in the shopping cart
4) Click on the "Checkout" button
5) Registration in the online shop after registering and entering the registration details (email address and password).
6) Another check or correction of the respective entered data.
7) Binding dispatch of the order. Before the binding submission of the order, the consumer can return to the website on which the customer's information is recorded and correct or correct input errors by pressing the "Back" button contained in the Internet browser used by him after checking his details Cancel the order process by closing the Internet browser. We immediately confirm receipt of the order by an automatically generated email ("order confirmation"). With this we accept your offer.
(8) We save the contract text of your order. You can print this out before sending your order to us by clicking on "Print" in the last step of the order. We will also send you an order confirmation as well as an order confirmation with all order data and our general terms and conditions to the email address you provided.
§ 3 - Prices - Terms of Payment
(1) The statutory value added tax is included in our prices in the shop; it will be shown separately on the day of invoicing at the statutory rate. Transport costs are shown separately.
(2) Installation and assembly costs are only included in the price in the event of a separate agreement.
(3) We reserve the right to change our prices accordingly if, after the conclusion of the contract, cost reductions or increases occur, in particular due to collective bargaining agreements or changes in the price of materials.
(4) Discount deduction requires a special written agreement.
(5) Unless otherwise stated in the order confirmation, the net purchase price is due upon receipt of the invoice. If an entrepreneur is in default of payment, we are entitled to demand default interest of 9.5% above the respective base rate p.a. In the case of a consumer, the default interest is 5% above the respective base rate p.a. If we are able to prove higher damage caused by default, we are entitled to assert this.
(6) If we are obliged or entitled to take back the equipment used, we are entitled to the following flat-rate claims as minimum sums for the use and depreciation of the delivered goods: for use and depreciation in the case of redemption during the first six months after delivery / acceptance 33 % of the order price, during the second half year after delivery / acceptance 40% of the order price, during the third and for each further half-year commenced a further 5% of the order price. The customer reserves the right to prove that we did not suffer any damage or significantly less damage as a result of the return. We reserve the right to prove that the damage we incurred for use and depreciation is greater. When determining the damage, the age and condition of the device and its recyclability must be taken into account
(7) The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognized by us. Rights of retention can only be asserted if the counterclaim is based on the same contractual relationship and is undisputed by us.
§ 4 - delivery time
(1) The start of the delivery time specified by us presupposes the clarification of all technical questions and agreement on all conditions of the business.
(2) Compliance with the delivery obligation requires the timely and proper fulfillment of the customer's obligations, in particular the complete provision of the documents to be provided by the customer and the receipt of any agreed down payment.
(3) If the customer is in default of acceptance or if he violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. We reserve the right to make further claims.
(4) If the prerequisites of Paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
(5) We are entitled to deliver at the start of the agreed delivery time. If the customer cannot or does not want to accept the goods at this point in time despite our offer, we have the right to store the goods with us and to charge them for immediate payment. All of the additional costs resulting from this measure or otherwise due to the delay in acceptance can be invoiced separately.
(6) If the order is not carried out for reasons for which the customer is responsible, 25% of the order amount shall apply as agreed damages. The customer reserves the right to prove that we did not suffer any damage or significantly less damage due to non-implementation. The compensation is due for immediate payment. This does not exclude the assertion of further damage.
(7) Delivery and service disruptions due to force majeure and unforeseen events for which we are not responsible and which make delivery significantly more difficult or impossible for us, in particular strikes, lockouts, operational disruptions, official measures, delay in the delivery of Accessories, etc., even if they occur at our suppliers or sub-suppliers, entitle us to extend the delivery time by up to 8 weeks, even in the case of binding delivery deadlines.
(8) If the hindrance lasts longer than 3 months, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
(9) If we are in default of delivery, the customer is entitled to compensation for damage caused by default in the amount of a maximum of 10% of the invoice value of the delayed delivery / service. Any further claims are excluded, unless the delay is based at least on our gross negligence. The right of the customer in the event of an existing delay to withdraw from the contract after the unsuccessful expiry of a period of grace with a threat of rejection remains unaffected. Insofar as a commercial firm deal has been agreed between the parties, Paragraphs (7), (8) and (9) do not apply.
(10) Partial deliveries are permitted within the framework of what is reasonable and must be invoiced according to the agreed terms of payment.
§ 5 - assembly
(1) When assembly begins, all construction work must have progressed so far that assembly can be carried out unhindered. The customer undertakes to provide electricity, water, heating, lighting and the lockable rooms required to store the items delivered and the tools brought for assembly. For the transport of heavy objects, the customer has to procure auxiliary persons as well as the necessary equipment and lifting equipment. If openings in the buildings for bringing in parts turn out to be too small, all costs arising as a result, in particular for enlarging the opening or dismantling the parts as well as absent and waiting times, must be borne by the customer.
(2) Masonry, plastering, painting, carpentry, installation and electrical connection work are not included in the offers. If devices are connected by the seller, all necessary water and sewage systems must be provided on site. Electricity and gas connections at the installation site must be routed to the devices.
(3) We are only liable for the proper handling and installation or assembly of the delivery items; we are not liable for the work of the people working for us insofar as this work is not related to the installation or assembly or insofar as it is initiated by the customer.
§ 6 - Transfer of risk, packaging costs
(1) You can find detailed information on shipping and packaging costs in the corresponding subsection of the shop menu.
(2) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the item sold is transferred to the forwarding agent, the carrier or the person or institution otherwise assigned to carry out the shipping Customers over. If the customer is a consumer, the aforementioned risk is only transferred to the buyer when the goods are sold by mail.
(3) If the packaging material is delivered after delivery to our plant, it will be returned free of charge.
(4) If the customer so wishes, we will cover the delivery with transport insurance at his own expense.
§ 7 - Warranty for defects
(1) We are liable to consumers in the event of a defect in accordance with the statutory provisions.
(2) With regard to entrepreneurs, we guarantee a defect in the delivery item for which we are responsible, either through repair or replacement, at our option. In the case of repairs, we only bear the expenses up to the amount of the purchase price. If, contrary to its intended use, the entrepreneur has moved the delivery item to a location other than the place of residence or the commercial branch, he shall bear the additional costs incurred in remedying the defect.
(3) The entrepreneur can withdraw from the contract or demand a reduction in price if we do not carry out the supplementary performance successfully. However, in the event of only a minor breach of contract, in particular only minor defects, the entrepreneur is not entitled to withdraw from the contract. If the purchased item does not meet a guarantee of quality, we are liable in accordance with the statutory provisions.
(4) We are liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence and if the customer asserts claims for damages resulting from injury to life, limb or health that are based on intent or negligence . Insofar as we are not accused of intentional breach of contract or we have culpably breached an essential contractual obligation, the liability for damages is limited to the foreseeable, typically occurring damage.
(5) Otherwise liability for damages is excluded. The exclusion of liability from § 7 Paragraph 4 and 5 does not apply to consumers
(6) An entrepreneur's warranty rights require that he notifies us of obvious defects within 14 days of receipt of the goods; otherwise the assertion of the warranty claim is excluded. In commercial transactions, the obligations arising from §§ 377, 378 HGB remain unaffected.
(7) The warranty period for entrepreneurs is one year and for consumers two years, in each case from delivery of the goods. The period is a limitation period. If the manufacturer grants us a longer warranty period, this also applies to our customers.
(8) For consumers, the warranty period for used items is one year. Otherwise there is no guarantee for used items.
(9) In relation to entrepreneurs, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer, on the other hand, do not represent a contractual specification of the quality of the goods.
(10) The customer does not receive any guarantees in the legal sense from us, a possible manufacturer guarantee remains unaffected. Guarantee claims to which we are entitled against this manufacturer, supplier or third party have been assigned to the customer. If a guarantee card is taken over, the content of the guarantee results from this.
(11) Warranty claims against us are only available to the customer directly and are not transferable.
§ 8 - Joint Liability
(1) Any further liability for damages than provided for in § 7 - regardless of the legal nature of the claim asserted - is excluded.
(2) Insofar as liability is mandatory due to the provisions of the Product Liability Act, this remains unaffected.
(3) As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, representatives and vicarious agents.
§ 9 - Securing retention of title
(1) With regard to entrepreneurs, we reserve ownership of the goods until all payments from the business relationship with the customer have been received. This also applies until all payments from an existing current account relationship (business relationship) with the customer have been received; the reservation relates to the recognized balance.
(2) In relation to consumers, we reserve ownership of the goods until the purchase price has been paid in full.
(3) The customer is obliged to treat the reserved goods with care; in particular, he is obliged to insure them adequately at replacement value at his own expense against damage caused by fire, water and theft. If maintenance and inspection work is required, the customer must carry this out at his own expense.
(4) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 ZPO. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incur.
(5) The customer is entitled to resell the reserved goods in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (incl. VAT) of our claim that arise from the resale to his buyer or third party, regardless of whether the purchased item is resold without or after processing has been. The customer remains revocably authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, has not filed for bankruptcy, composition or insolvency proceedings or payments have been suspended. If this is the case, the customer is obliged to notify us of the assigned claims and their debtors, to provide all information required for collection, to hand over the associated documents and to notify the debtors (third parties) of the assignment. (6) The processing or transformation of the reserved goods by the customer is always carried out for us free of charge. If the reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item resulting from processing as to the goods delivered under reservation.
(7) If the reserved goods are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep the resulting sole or joint ownership for us. (8) The customer also assigns to us the claims to secure our claims against him, which arise against a third party through the connection of the reserved goods with a property.
(9) We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is incumbent on us.
§ 10 - Customer Service
For customer service, the rates valid on the day of the respective customer service call apply as agreed. If flat rates are charged for the journey, these also apply if the Customer service was requested "occasionally". If goods are delivered at the same time as part of customer service operations, flat rates for the journey will still be offset. For Customer service work on devices that have not been purchased by us may be charged with a flat-rate service charge.
§ 11 - Place of jurisdiction - place of performance
(1) Our place of business is the place of jurisdiction for full merchants however, we are entitled to sue the customer at his place of residence.
(2) Unless otherwise stated in the order confirmation, our place of business is the place of performance.
(3) German law applies exclusively. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the state in which they have their domicile or habitual residence.
§ 12 - cancellation policy for distance contracts
(1) Cancellation policy - Beginning of the right of withdrawal - You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not a carrier has taken possession of the last goods or the last partial shipment. In order to exercise your right of withdrawal, you must send a clear message to us (SchokoBedarf GmbH, Taube Bünte 21, 29308 Winsen / Aller, phone: 0049 5143/66 90 517, fax: 0049 5143/66 90 518, email: firstname.lastname@example.org) Declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired. Consequences of the withdrawal If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. -- End of revocation - Paragraph 2 Sample cancellation policy At: SchokoBedarf GmbH Taube Bünte 21 29308 Winsen / Aller by fax: 0049 5143/66 90 518 by email: email@example.com - I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods - Ordered on (*) / received on (*) - Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this is communicated on paper) - Date ___________ (*) Delete where inapplicable. (3) Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law have no right of withdrawal.
§ 13 - data protection
(1) When initiating, concluding, processing and reversing a sales contract, we collect, store and process data within the framework of the statutory provisions.
(2) When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you viewed are logged. However, it is neither possible nor intended for us to draw conclusions about personal data. The personal data that you provide to us, e.g. For example, when placing an order or by e-mail (e.g. your name and contact details) will only be processed for correspondence with you and only for the purpose for which you have made the data available to us. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment details to the credit institute commissioned with the payment.
(3) We assure you that we will not otherwise pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. As far as we use the services of third parties to carry out and process processing, the provisions of the Federal Data Protection Act are observed.
(4) Duration of storage: Personal data that have been communicated to us via our website are only stored until the purpose for which they were entrusted to us has been fulfilled. As far as commercial and tax retention periods are to be observed, the duration of the storage of certain data can be up to 10 years.
(5) Your rights: If you no longer agree to the storage of your personal data or if it has become incorrect, we will initiate the deletion, correction or blocking of your data in accordance with the statutory provisions. Upon request, you will receive free information about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact: SchokoBedarf GmbH Taube Bünte 21 29308 Winsen / Aller firstname.lastname@example.org Tel. 0049-5143 - 66 90 517
(6) Links to other websites Insofar as we refer or link to the websites of third parties from our website, we cannot assume any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.
§ 14 - Contract language:
As contract language german will be available exclusively.
§ 15 - Final remark:
If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective. If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.