Standard Business Terms and customer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you make with us as a provider (Tristan Helmreich) via the website www.dudea-latexshop.de. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods including digital content (data that is created and made available in digital form).
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar designation) and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 license to use digital content
(1) The digital content offered is protected by copyright. For every digital content purchased from us, you will receive a license from the respective licensor. The type and scope of the license for use result from the license terms specified in the respective offer.
§ 4 Customized Goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
§ 5 Special agreements for offered payment methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal”). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special terms of payment apply, you will be informed of these separately. You can find more information about “PayPal” under https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of Retention, Retention of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion 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 to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) As far as you are an entrepreneur, deviating from the above warranty regulations applies:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the type of goods or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from date of delivery. The reduction in time does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or with gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- In the case of legal recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
§ 9 Protection of minors
(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that the information you have given regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum receive the goods.
(3) Insofar as we are obliged to carry out an age check due to the statutory provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to receive the identity card for the goods to be shown to the person taking it for age control.
(4) Insofar as we indicate in the respective item description that you must be over the age of 18 to purchase the goods, the above paragraphs 1-3 apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.
II. Customer Information
1. Identity of the seller
Old Market, 13
Phone: + 4941217015098
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, treaty text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Price and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of Delivery, Provision
6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, supply and shipment is at your risk.
7. Statutory warranty rights
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/
last update: 29.11.2022