Terms of service
General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redeeming promotional vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Spreewald Kommunikationstechnik GmbH (hereinafter "Seller") apply to all contracts for the delivery of Goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed ;activities.
1.3 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction in the exercise of their commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
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 in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, online contact form, post or telephone.
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 email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be signed by the seller after the conclusion of the contractstored and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, stating the corresponding login -Data can be retrieved for free.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify 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 enlargement function of the browser, 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.
2.7 For the conclusion of the contract, German and English are available.
2.8 Order processing and contact are usually made via 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 by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If you select a payment service via the “PayPal“ The payment method offered is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the person commissioned by PayPal and the Customer specifically named payment service provider. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or within the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. on the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4.4 If you select a payment service via the "Shopify Payments" The payment method offered is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Learn more about "Shopify Payments" are available online at https://www.shopify.com/legal/terms-payments-de available.
5) Terms of delivery and shipping
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has sold the item delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the freight forwarder, the freight carrier or the other person responsible for the execution; person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller provides the customer with this person or institution has not previously named.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and that he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the commercial inspection and Rüobligatory according to&rszlig; § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter " Promotional vouchers"), can only be redeemed in the seller’s online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
8.7 The credit on a promotional voucher will neither be paid out in cash nor will interest be paid.
8.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract are related to professional or commercial activity of the customer can be attributed. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.