General Terms and Conditions of Fabian Buchler
(1) The following conditions apply exclusively to all our deliveries and services in the version valid at the time of the order. The buyer can save these GTC on his computer and/or print them out.
(2) All product names are product designations of the respective manufacturer.
(3) The buyer's purchasing conditions are contradicted. Our terms and conditions apply alone.
2. Conclusion of contract, contract text, contract language
(1) The presentation of the products in the online shop does not constitute a legally binding offer. After going through the ordering process
(Place one or more items in the shopping cart, call up the shopping cart, enter the contact details and the billing and delivery address, confirm the terms and conditions and acknowledge the right of withdrawal, click on the “Order with obligation to pay” button)
send your order to us. This is a legally binding offer to conclude a purchase contract. After we have received the order, you will receive an e-mail confirming the receipt of your order (order confirmation). This is only the information required by law regarding the receipt of the order. We are entitled to accept this offer within 3 working days after sending the offer by sending an order confirmation or a shipping notification. In this case you will receive a confirmation of the contract in which the content of the contract is reproduced. After expiry without notice, the offer is considered rejected, so that no purchase contract is concluded.
(2) When using an instant payment system, e.g. PayPal or credit card, the contract is already concluded at the point in time when you make the payment Give the company the instruction to make the booking.
(3) Before you send your order to us, you have another opportunity to check and change the contents of the shopping cart and your details.
(4) The contract language is German.
( 5) The text of the contract is saved by us. If you have created a customer account with us, you can view the text of the contract in the customer account. The general terms and conditions can be viewed at any time on our website. In addition, the order data and the terms and conditions will be sent to you by email.
3. Prices, terms of payment, shipping costs
(1) The prices given are final prices and include the statutory VAT.
(2) Payment is made in advance. Payment is only to be made once the contract has been concluded (see Section 2 (1) or Section 2 (2) of the General Terms and Conditions).
(3) The buyer bears the shipping costs. In the event of cancellation by a consumer, the shipping costs will be reimbursed. The amount of the shipping costs is shown in the respective offer.
4. Delivery, delivery reservation
(1) If the ordered goods are in stock, the goods will be dispatched within one working day after receipt of the order. If the item ordered is not in stock, it will be dispatched within one working day after conclusion of the contract or within the agreed delivery time. The delivery time is a maximum of 3 working days.
(2) We reserve the right not to provide the agreed service if it is not available if
-we were not supplied from the corresponding hedging transaction,
-force majeure or natural disasters are the cause of the non-delivery,
-unforeseeable obstacles to performance that cannot be overcome with reasonable expenses have occurred and
-we are not responsible for the obstacle to self-delivery or that the obstacle to performance is temporary
In the event that the goods are not available, the buyer will be informed about this informed immediately and the consideration reimbursed immediately.
5. Retention of title, offsetting, right of retention
(1) The delivered goods remain our property until full payment.
(2)If you are an entrepreneur, the following also applies:
(a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed.
(b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(d) We undertake to release the securities to which we are entitled at your request.
(3) The buyer only has the right to offset if an undisputed or legally established claim is offset, unless because, in the case of a mutual contract, the counterclaim arose from a payment in kind that entitles you to refuse performance.
(4) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
6. Warranty, transfer of risk, customer service
(1) The warranty claims between us and a consumer are based on the statutory provisions of the German Civil Code. In the case of contracts between us and merchants, the statutory provisions of the HGB on commercial transactions also apply.
(2) If you are an entrepreneur, the following applies in particular:
(a) As regards the quality of the goods, only our own information and the manufacturer's product description are deemed to be agreed, but not other advertising, public promotions and statements by the manufacturer. You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 1 week of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. The assertion of warranty claims is excluded in the event of violation of the duty to examine and give notice of defects.
(b) In the event of defects, we shall provide a warranty, at our discretion, through repair or replacement delivery.If the rectification of the defect fails twice, you can either request a reduction in price or withdraw from the contract. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not comply with the intended purpose use of the goods.
(3) In the context of a purchase of consumer goods for used items and to entrepreneurs for the sale of new goods, the statutory warranty period is reduced to one year. If used goods are sold to entrepreneurs, the statutory warranty is excluded. If the goods are used, a note will appear in the item description. Otherwise it is new.
(4) We are only liable for intent and gross negligence.
The aforementioned exclusion of liability does not apply to
- claims for damages for damage to life, limb or health that are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- other damages, which are based on a culpable breach of essential contractual obligations, i.e. obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. In the case of the purchase contract concluded here, these are the handing over of an item free of legal and material defects and the procurement of ownership of it. In the case of simple negligence, liability is limited to the foreseeable damage that is typical for the contract.
- Claims under the Product Liability Act and from declared guarantees.
-towards companies, for recourse claims according to §§ 478, 479 BGB
-for any obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
This does not involve a reversal of the burden of presentation and proof.
(5) If the buyer is a consumer within the meaning of Section 13 of the German Civil Code, i.e. if the buyer concludes the contract as a natural person for purposes that cannot predominantly be attributed to his commercial or self-employed professional activity, the risk of accidental loss and accidental deterioration of the item upon handover to the buyer, i.e. the seller bears the shipping risk here. If the buyer is an entrepreneur within the meaning of § 14 BGB, i.e. if the buyer acts as a natural or legal person when concluding a legal transaction in the exercise of his commercial or self-employed professional activity, the risk of accidental loss and accidental deterioration of the item passes with the handover to the company commissioned with the shipment to the buyer.
(6) The contact details of customer service can be found in the imprint.
7. Place of jurisdiction, applicable law, severability clause, codes of conduct
(1) If the buyer is an entrepreneur, a legal entity under public law or a special fund under public law, the respective courts responsible for 03130 Spremberg are agreed as having local jurisdiction.
(2) German law applies to the exclusion of the UN - Purchase right.If the customer is a consumer, this only applies to the extent that non-mandatory provisions of the law of the state in which the consumer has his habitual residence are excluded Effectiveness of the rest of the contract.
(4) We are not subject to any special codes of conduct."