General terms and conditions with customer information

Scope
Conclusion of contract
Contractual right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Force majeure
Delay of the service at the request of the customer
Retention of title
Liability for defects / warranty
Liability
Rejuvenation
Retention, assignment
Special conditions for the processing of goods according to certain specifications of the customer
Applicable law, place of jurisdiction

1) Scope

1.1 These General Terms and Conditions of Business (hereinafter referred to as GTC) of Stephan Rewohl, trading under "Stephan Rewohl Onlinehandel" (hereinafter referred to as "Seller"), shall apply to all contracts for the supply of goods concluded by an entrepreneur (hereinafter referred to as "Customer") with the Seller; (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods which an entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions shall also apply exclusively if the Seller carries out the delivery to the Customer without any special reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these Terms and Conditions.

1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days.

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed an order, or
if payment by direct debit is offered and the customer opts for this method of payment by collecting the total price from the customer's bank account, whereby the time at which the customer's account is debited is decisive in this respect.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and communicated to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. Any further access to the text of the contract by the seller shall not take place.

2.5 Prior to the binding submission of the order üvia the online order form of the seller, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 For the conclusion of the contract, only the German and English languages are available.

2.7 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.8 Haben die Parteien Sonderkonditionen vereinbart, gelten diese grundsätzlich nicht für gleichzeitig laufende und zukünftige Vertragsverhältnisse mit dem Kunden.

2.9 Bei wirtschaftlichem Unvermögen des Kunden, seine Pflichten gegenüber dem Verkäufer zu erfüllen, kann der Verkäufer bestehende Austauschverträge mit dem Kunden durch Rücktritt fristlos beenden. Dies gilt auch bei einem Insolvenzantrag des Kunden. § 321 BGB und § 112 InsO bleiben unberührt. Der Kunde wird den Verkäufer frühzeitig schriftlich über eine drohende Zahlungsunfähigkeit informieren.

3) Contractual right of withdrawal

The seller grants the customer a contractual right of withdrawal in accordance with the following conditions:

3.1 The customer has the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer who is not the supplier has taken possession of the last goods.

3.2 In order to exercise his right of withdrawal, the customer must inform the seller by means of a clear declaration in text form (e.g. a letter sent by post, fax or e-mail) über his decision to withdraw from the contract. In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

If the customer revokes the contract in due form and time, the seller shall reimburse the customer for the purchase price paid, but not for the costs of sending the goods to the customer and any costs incurred for the method of payment chosen by the customer. The repayment of the purchase price shall be made within fourteen days from the day on which the notification of the revocation of the contract is received by the seller.

3.4. The Seller may refuse repayment until he has received the goods back in full.

3.5. The customer must return or hand over the goods to the seller without delay and in any case no later than fourteen days from the day on which he notifies the seller of the cancellation of the contract. The time limit is met if the customer sends the goods before the expiry of the period of fourteen days.

3.6 The customer shall bear the costs and the risk of the return of the goods.

3.7 The customer shall be liable for any loss in value of the goods in accordance with the statutory provisions.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are net prices which are subject to statutory value added tax. Packaging and shipping costs, loading, insurance (in particular transport insurance), duties and taxes shall be charged separately, if applicable.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer has various payment options at his disposal, which are indicated in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract unless the parties have agreed a later due date.

4.5 A payment shall be deemed to have been received as soon as the equivalent amount has been credited to one of the Seller's accounts. In the event of default in payment, the Seller shall be entitled to interest on arrears in the amount of 10 percentage points above the respective base interest rate. The Seller's other statutory rights in the event of a default in payment by the Customer shall remain unaffected. Insofar as claims are overdue, incoming payments shall first be set off against any costs and interest, then against the oldest claim.

4.6 Should unforeseeable cost increases occur (e.g. fluctuations in the currency, unexpected price increases by suppliers, etc.), the Seller shall be entitled to pass on the price increase to the Customer. However, this shall only apply if the delivery is to take place later than four months after the conclusion of the contract as agreed.

5) Delivery and shipping conditions

5.1 Goods shall be delivered by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive in the processing of the transaction.

5.2 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller shall also be entitled to issue partial invoices.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately.

5.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. This shall also apply if the Seller bears the costs of the transport. Transport insurance shall only be taken out at the special request and for the account of the customer.

5.5. In the event that the dispatch of the goods to the customer is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon notification that the goods are ready for dispatch. Any storage costs incurred after the transfer of risk shall be borne by the customer.

5.6 Self-collection is not possible for logistical reasons.

6) Force majeure

In the event of force majeure affecting the performance of the contract, the Seller shall be entitled to postpone delivery for the duration of the hindrance and, in the event of prolonged delays, to withdraw from the contract in whole or in part, without this giving rise to any claims against the Seller. Force majeure shall be deemed to be all events unforeseeable by the Seller or events which, even if they were foreseeable, lie outside the Seller's sphere of influence and the effects of which on the performance of the contract cannot be prevented by reasonable efforts on the part of the Seller. Any statutory claims of the customer shall remain unaffected.

7) Delay of the service at the request of the customer

If dispatch or delivery of the goods is delayed at the request of the customer by more than one month after notification of readiness for dispatch, the customer may be charged storage costs in the amount of 0.5% of the purchase price for each additional month or part thereof, but in no case more than a total of 5% of the purchase price. The contracting parties shall be at liberty to prove a higher or lower damage.

8) Retention of title

8.1 The Seller shall retain title to the goods delivered until the purchase price owed has been paid in full. Furthermore, the seller retains ownership of the delivered goods until all his claims arising from the business relationship with the customer have been fulfilled.

8.2 In the event of processing of the delivered goods, the Seller shall be deemed to be the manufacturer and shall acquire ownership of the newly created goods. If the processing is carried out together with other materials, the Seller shall acquire ownership in the ratio of the invoice values of his goods to that of the other materials. If, in the event of the Seller's goods being combined or mixed with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such value, to the market value of the main item. In these cases, the customer shall be deemed to be the custodian.

8.3 The customer may neither pledge nor provide security for items subject to retention of title or reservation of rights. The customer shall only be permitted to resell the goods in the ordinary course of business as a reseller on condition that the customer has effectively assigned to the seller its claims against its customers in connection with the resale and the customer transfers title to its customer subject to payment. By concluding the contract, the customer assigns its claims in connection with such sales against its customers to the seller by way of security, who accepts this assignment at the same time.

8.4 The customer shall immediately notify the seller of any access to the goods owned or co-owned by the seller or to the assigned claims. He shall immediately transfer to the Seller any amounts assigned to the Seller and collected by him, insofar as the Seller's claim is due.

8.5. Insofar as the value of the Seller's security interests exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding proportion of the security interests at the request of the customer.

9) Liability for defects / warranty

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in deviation from this:

9.1. Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials or as a result of special influences which are not assumed under the contract. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the resulting consequences, unless the customer can prove that the defect was not caused by these modifications or repair work.

9.2 In the case of new goods, the limitation period for claims based on defects shall be one year from delivery of the goods. In the case of used goods, the rights and claims due to defects are excluded.

9.3 The above limitations of liability and reductions of the statute of limitations shall not apply to

for items which have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer,
in the event that the seller has fraudulently concealed the defect, and
for the right of recourse according to § 445a BGB.

9.4 In the event of a subsequent defect, the Seller shall have the right to choose between rectification of the defect or replacement delivery.

9.5 If a replacement delivery is made within the scope of the liability for defects, the limitation period shall not recommence.

9.6. If the replacement is made by way of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days. The return package must contain the reason for the return, the customer's name and the number assigned for the purchase of the defective goods, which enables the seller to allocate the returned goods. As long as and to the extent that the assignment of the returned goods is not possible for reasons for which the customer is responsible, the seller shall not be obliged to accept returned goods and to refund the purchase price. The costs of a renewed dispatch shall be borne by the customer.

9.7 If the Seller delivers a defect-free item for the purpose of subsequent replacement, the Seller may claim compensation for use from the Customer pursuant to Section 346 (1) of the German Civil Code (BGB). Other statutory claims shall remain unaffected.

9.8 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

10) Liability

The Seller shall be liable to the Customer for all contractual, customary and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

10.1 The Seller shall be liable for any legal reason without limitation

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,

on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,

on the basis of mandatory liability, such as under the Product Liability Act.

10.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

10.3 Otherwise, any liability on the part of the Seller is excluded.

10.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

11) Limitation

The customer's claims against the seller shall become time-barred - with the exception of the claims regulated under the item "Liability for defects / warranty"; The liability for defects shall expire one year after knowledge of the facts giving rise to the claim, at the latest, however, five years after performance of the service, unless liability is unlimited in accordance with the above section.

12) Retention, assignment

12.1 The customer's rights of retention and refusal of performance are excluded unless the seller does not dispute the underlying counterclaims or these have been validly established.

12.2 Any assignment by the customer of claims arising from the contract concluded with the customer, in particular an assignment of any defect claims of the customer, is excluded.

13) Special conditions for the processing of goods according to certain specifications of the customer

13. 1. If, according to the content of the contract, the Seller is obliged not only to deliver the goods but also to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats specified by the Seller; The customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use. The customer alone shall be responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.

13.2 The customer shall indemnify the seller against any claims of third parties which the latter may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees at the statutory rate. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claim and a defence.

13.3. The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

14) Applicable law, place of jurisdiction

14.1. All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods.

14.2 If the customer is a merchant, a legal entity under public law or a special public-law entity with its registered office in the territory of the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.

15) Return costs

The return costs are the costs incurred for the return of the goods from the consumer to the trader within the framework of the right of withdrawal. According to the implementation of the Consumer Rights Directive, these costs are generally to be borne by the consumer. Exceptions exist if the trader bears the costs voluntarily or does not inform about the assumption of the return costs.

Terms and Conditions