For all our deliveries and services exclusively the following General Terms of Sale (GTS) shall apply. Conflicting general terms of sale or general terms of sale of the customer deviating from the present GTS will not be recognised unless we expressly approved of them in written in the individual case.
1. Subject to an agreement to the contrary our offers are without obligation, particularly with regard to the price.
2. By ordering the desired merchandise via the Internet by selecting and submitting the details to be completely filled-in in the order screen the customer launches a binding tender for the conclusion of a purchase agreement with us. The customer shall be bound to his/her/its order for two days starting with the submission of the order.
3. We will immediately confirm the receipt of the order to the customer by email (“Order Confirmation”). Subject to an express declaration to the contrary, this Order Confirmation does not constitute an acceptance of the offer on our part, but is only intended to inform the customer of our receipt of the order.
4. A purchase agreement with us shall only be concluded if and when we accept the order vis-à-vis the customer within two days in another notification in text form (e.g. letter, fax, email) or by delivery of the ordered merchandise.
1. In addition to and regardless of the statutory right of withdrawal the customer shall be entitled to return all of the merchandise or individual items to the deliverer commissioned with the delivery of the merchandise by us within the period from the 15th to the 21st day from receipt.
The precondition is that the respective items are unused and undamaged. Shrink-wrapped or sealed merchandise can only be returned if the plastic film or the seal is undamaged. Further, there is no right to return for merchandise produced in accordance with the instructions of the customer or for goods which are clearly customised to the personal standards of the customer or unfit for return due to their quality.
2. The return of the merchandise to our deliverer shall be at the expense and at the risk of the customer. We will communicate the name and address of the deliverer to the customer upon conclusion of the agreement at the latest. The customer may use our online return service for the return of the merchandise.
3. If the customer makes use of the right to return in accordance with No. IV.1 of the present GTS we will repay the purchase price already paid for the returned merchandise to the customer. Shipping charges paid by the customer will not be refunded.
4. The above provision shall not affect the customer’s statutory rights, particularly the statutory right of withdrawal according to No. III of the present GTS as well as potential claims for defects.
1. The purchase price as well as incurred shipping costs shall become due at the time of the conclusion of the agreement.
2. You may pay via credit card (MasterCard or Visa) or PayPal in all eshopdirect.com shops. If you are resident in Germany you may also conveniently pay on account. The customer will be informed of the respectively available payment methods at the time of ordering.
3. Purchase on account via payolution
In cooperation with payolution we offer you invoices as a payment option. When making use of payolution invoice you never have to disclose your bank data, and you only pay after having received the merchandise. You will find further information on the purchase on account under the following link: https://payment.payolution.com/payolution-payment/infoport/termsandconditions?mId=QXJlbmRpY29tIEdtYkg=&lang=en
payolution prüft und bewertet die Datenangaben des Käufers und pflegt bei berechtigtem Anlass einen Datenaustausch mit anderen Unternehmen und Wirtschaftsauskunfteien (Bonitätsprüfung). Sollte die Bonität des Käufers nicht gewährleistet sein, kann payolution dem Kunden darauf payolutions Zahlungsarten verweigern und muss auf alternative Zahlungsmöglichkeiten hinweisen. Ihre Personenangaben werden in Übereinstimmung mit dem Datenschutzgesetz behandelt und werden nicht zu Werbezwecken an Dritte weitergegeben. Hier erfahren Sie mehr zu payolutions Datenschutzbestimmungen. (https://payment.payolution.com/payolution-payment/infoport/dataprivacydeclaration?mId=QXJlbmRpY29tIEdtYkg=&lang=en)
Für weitere Informationen zu payolution besuchen Sie www.payolution.de
Payolution GmbH, Handelsgericht Wien, FN359641i
1. To the extent a delivery to the customer is impossible for reasons he/she is responsible for, particularly because he/she cannot be reached under the indicated delivery address despite of the fact that the time of delivery was announced an appropriate period in advance, the customer shall bear the costs of the failed delivery.
2. Delays in delivery resulting from force majeure and other obstacles affecting our deliverers or us, e.g. legitimate strikes or lock-outs, fire, war, etc., which temporarily prevent us from delivering the purchased object at the date bindingly or non-bindingly agreed on without actual or attributable fault shall extend these deadlines for the duration of the impairments of performance caused by these circumstances. If such interference leads to a delay in performance of more than six weeks both parties shall be entitled to withdraw from the agreement. If such impairment renders delivery and performance permanently impossible or unacceptable we will immediately inform the customer, and already rendered considerations will be immediately refunded. In such a case we will become permanently freed of our duty to perform. Statutory rights of withdrawal shall remain unaffected.
The property in the merchandise delivered by us will only pass to the customer at the time of the full payment of all accounts receivable arising from the purchase agreement.
The customer shall only be entitled to offset against undisputed claims or claims which are ready for decision or finally assessed.
For claims arising from defects of the delivered merchandise the statutory provisions shall be applicable with the exception that a claim for damages based on a defect only exists subject to the following No. X.
1. We shall be fully liable for intent and gross negligence. In case of a slightly negligent infringement of a major term or secondary obligation the infringement of which threatens the achievement of the purpose of the agreement or the fulfilment of which only renders the proper execution of the agreement possible in the first place and on the compliance with which the customer was entitled to rely (“essential secondary obligation”) our liability shall be limited to foreseeable damage typical for the agreement. We shall not be liable for the slightly negligent infringement of secondary contractual duties which are not among the essential secondary duties./p>
2. Liability in case of fraudulent concealment of defects or in case of acceptance of a quality warranty as well as liability for claims based on product liability law as well as for damage arising from injury to life, limb or health shall remain unaffected. A reversal of the burden of proof to the detriment of the customer is not associated with this.
This is the link to the Data Privacy Agreement: Link
I. The following shall apply to tradespersons, bodies corporate organised under public law or public separate estate: Place of jurisdiction for all potential disputes arising from the business relationship between the vendor and the purchaser is, depending on the choice of the vendor, its registered office or the purchaser’s registered office. For lawsuits against the vendor, its registered office shall be the exclusive place of jurisdiction. The same shall apply if the purchaser has no place of general jurisdiction in Germany or the residence or permanent residence are unknown at the date of the filing of suit. Mandatory statutory regulations relating to exclusive places of jurisdiction shall remain unaffected by this stipulation.
II. The following shall apply to entrepreneurs: The relationships between the vendor and the purchaser shall exclusively be subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not be applicable.
III. The following shall apply to consumers: The choice of law according to No. II. of the present General Terms and Conditions shall not be applicable if the consumer is thereby deprived of the protection granted by existing mandatory provisions of the law of the country of his/her permanent residence. Online dispute resolution (ODR) acc. to art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR) that you can find at http://ec.europa.eu/consumers/odr/
Arendicom GmbH, Ziegeleistraße 12, D-82327 Tutzing, Local Court Munich, HRB 172073, Managing Directors: Marcus Krehan, Dominik Gehlen
Status: January 2016