Terms and conditions
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
General terms and conditions with customer information
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Table of Contents
––––––––––––––––––
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Code of conduct
11. Alternative dispute resolution
1) Scope
1. 1 These General Terms and Conditions (hereinafter referred to as “GTC”) of encuma Handels GmbH (hereinafter referred to as “Seller”) shall apply to all contracts that a consumer or trader (hereinafter referred to as “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1. 2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity.
1. 3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2. 1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2. 2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and passing through the electronic ordering process, the customer submits a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking on the button concluding the ordering process. Furthermore, the Customer may also submit the offer to the Seller by phone or e-mail.
2. 3 The Customer shall receive an automated confirmation of receipt of the order from the Seller immediately after ordering. This is not an acceptance of the offer. 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), whereby receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, where the Customer’s access to the goods is decisive, or
- by asking the customer to pay after the order has been placed.
If more than one of the aforementioned alternatives exists, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to have rejected the offer with the consequence that the Customer is no longer bound by its declaration of intent.
2. 4 The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the Customer and shall end at the end of the fifth day following the dispatch of the offer.
2. 5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e. g. e-mail, fax or letter) after sending his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account, provided that the Customer has created a customer account in the Seller’s online shop before sending his order.
2. 6 Before submitting 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 tool for better detection of input errors may be the enlargement function of the browser, which helps to enlarge the display on the screen. During the electronic ordering process, the customer can correct his/her entries using the usual keyboard and mouse functions until he/she clicks on the button “order for a fee” which completes the ordering process.
2. 7 Only the German language is available for the conclusion of the contract.2. 8 Orders are usually processed and contacted 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 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 a third party commissioned to process the order can be delivered.
3) Right of withdrawal
3. 1 Consumers are in principle entitled to a right of withdrawal.
3. 2 Further information on the right of withdrawal can be found in the cancellation policy of the seller.
4) Prices and payment terms
4. 1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory VAT. Additional delivery and shipping costs, if applicable, are indicated separately in the respective product description.
4. 2 Various payment options are available to the Customer, which are indicated in the Seller’s online shop right at the beginning of the ordering process.
4. 3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4. 4 If the payment method “PayPal” is selected, payment will be processed via the payment service provider PayPal (Europe) S. a. r. l. et Cie, S. C. A. , 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, available at https://www. paypal. com/de/webapps/mpp/ua/useragreement-full.
4. 5 If you choose the payment method of invoice purchase, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the online shop.
5) Delivery and shipping conditions
5. 1 The delivery of goods shall be effected by dispatch to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the order processing of the seller shall be decisive. By way of derogation from this, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive when selecting the payment method PayPal.
5. 2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable notice of the service beforehand. Furthermore, this does not apply with regard to the costs of the return, if the customer exercises his right of withdrawal effectively. For return shipping costs, if the customer exercises the right of revocation effectively, the provisions laid down in the revocation policy of the seller shall apply.
5. 3 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are available for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office in consultation with the Seller. In this case, no shipping costs will be charged.
6) Reservation of title
If the seller makes advance payment, he reserves the right to ownership of the delivered goods until full payment of the purchase price due and all related costs and expenses.
7) Liability for defects (warranty)
7. 1 Unless otherwise provided in the following regulations, the provisions of statutory liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:
7. 2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
- rights and claims due to defects are excluded in the case of second-hand goods;
- the limitation period does not begin again if a replacement delivery is made within the scope of the liability for defects.
7.3 The above-mentioned limitations of liability and shortening of time periods shall not apply to
- to claims for damages and reimbursement of expenses of the customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
- for a possibly existing obligation of the Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified promotion period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting 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 equal to 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 may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Applicable law
9.1 If the Customer is acting as an entrepreneur within the meaning of Section 1.2, the law of the country in which the Seller has its registered office shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.
9.2 If the Customer acts as a consumer within the meaning of clause 1.2, all legal relations between the Parties shall be governed by the law of the country in which the Customer has its habitual residence, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer's place of residence.
10) Code of Conduct
- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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 involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Copyright notice: These terms and conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
Status: 31.03.2022, 10:16:47 Uhr