TERMS OF SERVICE
§ 1 Scope and Provider </ h2>
These terms and conditions apply to all orders you make at the online store of
West Street 37
Managing Director: Christian Jäger
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general
Business terms and conditions therefore apply to all future business relationships with companies, even if they are not expressly stated again
be agreed. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German.
(5) You can change the currently valid terms and conditions on the
retrieve and print.
§ 2 Conclusion of Contract </ h2>
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a
non-binding request to order goods in the online shop.
(2) By clicking the button [“Order now to pay” / “Buy”]
You make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and, if necessary,
(3) Only by unlocking the content or providing a link comes the
§ 3 prices </ h2>
The prices stated on the product pages include VAT and other price components.
§ 4 Terms of payment; Default </ h2>
The payment is made either by
(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to choose only for payment
To offer payment methods, for example to secure our credit risk, only prepayment.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). The actual burden
Your credit card account will be processed at the time we ship the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To the invoice amount over
To be able to pay PayPal, you must be registered there or first register, legitimize with your access data and the money order
to confirm with us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information
during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
(5) If you pay by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds or
due to incorrectly transmitted bank details.
(6) If you are in arrears with a payment, you are to pay the statutory default interest of 5 percentage points above the
Base rate obligated. For each reminder sent to you after the default, you will be charged a reminder fee of 2.50
EUR, unless a lower or higher damage is proven in individual cases.
§ 5 set-off / right of retention </ h2>
You are only entitled to set-off if your counterclaim has been legally established and not disputed by us
or recognized or in close synallagmatic relation to our requirement.
Consequences of the cancellation
If you withdraw from this contract, we will give you all the payments we have
have received from you, including delivery costs (except for
additional costs that result from having another type of
Delivery as the cheapest standard delivery offered by us
immediately and no later than fourteen days from the date of
to which the notice of withdrawal of this contract is attached
we have received. We use the same for this repayment
Means of payment used in the original transaction,
Unless otherwise expressly agreed with you; in none
Case you will be charged for this repayment charges.
We can refuse the repayment until we return the goods
or until you have provided proof that you have the
Goods have been returned, whichever is the earlier.
You have the goods immediately and in any case no later than fourteen
Days from the date on which you inform us of the cancellation of this contract
The deadline is met if you send the goods before the expiry of the period of fourteen days. You pay the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is attributable to a handling that is not necessary for checking the integrity, characteristics and functioning of the goods. Model withdrawal form </ strong> If you wish to revoke the contract, then Please fill out this form and return it. Company: Address: E-Mail: Fax: I hereby revoke (I) the contract for the purchase of the following goods (*) concluded by me / us (*) : Ordered on (*) / received on (*) Name of consumer (s): Address of consumer (s): Signature of consumer (s) (only if communicated on paper) Date (*) Incorrect (2) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is authoritative or which clearly depends on the personal requirements of the Ve in the case of delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.A right of withdrawal under § 356 (5) BGB expires in a contract for the supply of digital content which is not on a physical data medium; if the entrepreneur has commenced to execute the contract after the consumer has expressly consented that the contractor commences execution of the contract before the expiry of the period of revocation and has confirmed his knowledge that he will be revoking his consent by commencing execution of the contract
§ 9 Warranty </ h2> (1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 f. BGB). (2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims based on damages resulting from the injury of life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (Kardinalpficht) as well as for Claims based on other damages, which are based on an intentional or grossly negligent breach of duty of the user or his vicarious agents (3) For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. § 438 (1) No. 3 BGB (4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications: -For the commodity of the goods, only our own information and the product description of the manufacturer are binding, but not public prizes and statements and other advertising of the manufacturer. -You are obliged to inspect the goods immediately and with the necessary care for quality and quantity deviations and to report obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects as of discovery. In the event of a breach of the examination and complaint obligations, assertion of the warranty claims is excluded.- In the case of defects, we shall provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided the delivery does not correspond to the intended use of the goods.- If the subsequent performance fails twice, you can demand a reduction at your discretion or withdraw from the contract.- The warranty period is one year from delivery of the goods.§ 10 Liability (1) Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, limb and health of persons. (2) Otherwise, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is the proper execution of the contract Contract in the first place and on whose compliance you can rely on regularly (cardinal obligation). The liability for slight negligence is limited in amount to the damage foreseeable at the time of the conclusion of the contract
This limitation of liability also applies in favor of our vicarious agents.
§ 11 Copyright and Rights of Use </ h2> (1) All protected by copyright of the seller. provided digital content (2) The customer acquires an unlimited, simple, non-transferable right of use exclusively for non-commercial use. Customers are not granted any exploitation rights. In particular, he may not distribute the acquired titles either digitally, in print, in full or in part (§ 17 UrhG), make them publicly available (§ 19aUrhG) or pass them on to third parties in other forms. The right to reproduce (§ 16 UrhG) is limited to acts of reproduction which are exclusively for the own use.Copyright: HÄRTING Rechtsanwälte, www.haerting.de, Vertragstexte@haerting.deChausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40 , Fax (030) 28 30 57 4 (3) The granting of rights of use by the seller is subject to the condition precedent of the full purchase price payment. (4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods. (5) The seller is entitled to individually personalize downloadable digital content with visible and invisible markings to facilitate identification and legal prosecution of the original purchaser in the event of misuse. (6) In the event of unauthorized use of the digital content by the purchaser or a third party the buyer to pay one <§2 Alternative Dispute Resolution </ h2> The EU Commission has provided a platform for out-of-court settlement of disputes to be determined by us in due discretion and, in the event of a dispute, by the competent court. This gives consumers the opportunity to settle disputes related to their online ordering without the involvement of a court. The Dispute Settlement Platform is accessible via the external linkhttp: //ec.europa.eu/consumers/odr/. We will endeavor to resolve any disagreements arising from our agreement. In addition, we are not obliged to participate in a lending procedure and unfortunately can not offer you to participate in such a procedure.
§ 13 Final Provisions </ h2> (1) Should one or more provisions of these Terms and Conditions be or become ineffective (2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Sales Convention”). (3) If you are a merchant, a legal entity under public law or a public-law special fund, our place of business shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us andyour.Stand: 09, 2018Copyright: HÄRTING Rechtsanwälte, www.haerting.de, Vertragstexte@haerting.deChausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4