Terms and Conditions
Contractual terms in the context of purchase agreements concluded via this online shop between Michael Kohlbecher, Eich 40, 56727 Mayen - hereinafter referred to as "Provider" - and the respective Buyer - hereinafter referred to as "Customer".
§ 1 Scope, Definitions
1. For the business relationship between the Webshop Provider (hereinafter "Provider") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his or her commercial or self-employed professional activity.
§ 2 Conclusion
1. The customer can select products from the product range of the supplier and collect them via the button "Add to cart" in a so-called shopping cart. Via the button "order with costs" he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the "back button" in the browser on the page on which his data has been recorded. Input errors can be corrected here. By closing the internet browser, the order process can be aborted. However, the application can only be submitted and transmitted if the customer has accepted these terms of contract by confirming the check box "Terms and Conditions read and accepted" and thereby included in his application. If you have chosen a payment method with immediate payment, the contract is concluded at the time of confirmation of the payment order. If you have selected the method of payment in advance, the contract is already concluded if you receive a payment request with the corresponding bank details before acceptance by us. With this payment request we accept your offer.
2. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and the customer can print out the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).
3. The provider saves the contract text and sends the order data to the customer by e-mail. The terms and conditions of the provider can be viewed by the customer at any time under https://www.mistertuch.de/agb.html
§ 3 Delivery, Shipping, Payment
The deadline for delivery begins with payment in advance on the day after the payment order is sent to the referring bank or other payment methods the day after conclusion of the contract and ends with the expiration of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day will be substituted for such day.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the supplier.
§ 5 Prices and Shipping Costs
1. The prices indicated on the website of the provider are final prices plus shipping costs.
2. All prices quoted on the website of the provider are inclusive of the applicable statutory sales tax.
3. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
4. The goods are shipped via Deutsche Post, DHL. The shipping risk is borne by the provider if the customer is a consumer.
§ 6 Payment Modalities
1. The customer can make the payment by the following methods: Paypal
2. The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the supplier default interest amounting to 5 percentage points above the base rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
4. Promotional vouchers are issued free of charge and have a limited validity period. These can be found in the respective voucher. Only in this period and only for the products in the action, the voucher can be redeemed in our online shop. There is no cash payment. Only one action coupon can be redeemed per order. The coupon code must be entered in the spaces provided before completing the order. Subsequently, no offset with the voucher is possible. The voucher is not personal and therefore transferable. In the case of a cancellation by the customer no refund of the action voucher.
§ 7 Warranty, Warranty
1. For all goods from our shop, the legal warranty rights exist.
2. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Compared to entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
3. An additional guarantee exists with the goods supplied by the supplier only if this was expressly delivered in the order confirmation to the respective article.
§ 8 Liability
1. Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 9 Data Handling Information
§ 10 Code of Conduct
The seller has subjected himself to the test criteria of Geprüfter Webshop, which are available on the Internet at https://www.gepruefter-webshop.de/files/6214/5260/7929/Pruefkriterien_Stand_01.2016.pdf .
§ 11 Final provisions
1. The law of the Federal Republic of Germany applies to contracts between the supplier and the customer under exclusion of the UN sales law. In the case of orders from foreign consumers, compulsory regulations or the protection afforded by judicial law of the respective country of residence remain valid and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
3. The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract will become invalid as a whole.
4. The contract language is German.
These terms and conditions were created by www.gepruefter-webshop.de and are regularly checked for legal certainty. In the case of a warning, Geprüfter Webshop assumes full liability for the legal texts created.
In principle, the following payment options are available for you to pay for your order:
Payment via PayPal
The payment method PayPal allows you to pay securely, easily and quickly in online shops. The purchase amount is immediately transferred to our bank account. So you get your goods even faster. Prerequisite for the payment with PayPal is a PayPal account registered for free. Further information about PayPal and the possibility to register can be found under http://www.paypal.de/.