TERMS AND CONSUMER INFORMATION
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Andrea Eschgfeller, Via S. Giorgio 22B, 39017 Scena, Italy – hereafter called supplier – and the customer, which are closed on the website www.alpenecke.com/wp/shop/ the provider. Unless otherwise agreed, the inclusion of the customer’s own terms is contradicted.
(2) consumer within the meaning of the following rules shall mean any natural person who enters into a legal transaction for a purpose that can be attributed neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
(3) The contract language is German. The full text of the contract is not saved by the provider. Before submitting the order via the online – shopping cart system the agreement data can be printed using the print function of the browser or saved electronically. After receipt of the order offered by the ordering data, the information required by law for distance contracts and the terms and conditions will be sent to the customer again by e-mail.
For quotation requests, for example, the phone, be submitted in writing to the seller via email or the customer receives all contract data in the context of a binding offer sent by email, which can print or save the customer electronically.
§ 2 contract
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods found in the item description and additional information on the website.
§ 3 Conclusion of contract
(1) The product representations of the supplier on the Internet are not binding and no binding offer to conclude a contract.
(2) The customer may make a binding offer to purchase (order) using the online shopping cart system.
The purchase of goods intended to be placed in the “basket”. Can call the “shopping cart” and then make changes at any time the customer on the appropriate button in the navigation bar. After calling the page “Checkout” and enter your personal details and payment and shipping terms, all order data is displayed on the order summary page finally again.
Before submitting the order, the customer has the opportunity here to check all the details again to change, cancel (also using the “back” of the Internet browser) or buying.
By submitting your order by clicking the “pay it ordered” the customer makes a binding offer from the seller.
The client first obtains an automatic e-mail on receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and therefore the contract) within 2 days with confirmation in writing (eg e-mail), in which the customer to fulfill the order or delivery of the goods is confirmed (order confirmation).
If the customer has not received a corresponding message within that period, he is no longer bound to his order. If necessary services already rendered will be refunded immediately in this case.
(4) requests the customer to purchase goods outside of the online – shopping cart system, which are by phone, sent by email or in writing to the seller are not binding for the customer. The provider shall submit to the customers this a binding offer in writing (eg by email), which can accept within 5 days of the customer.
(5) The execution of the order and submission of all information required in connection with the contract shall be concluded by e-mail automated. The customer must, therefore, ensure that the instrument deposited by him offered e-mail address is correct, the receipt of the e-mails technically assured and is particularly not prevented by SPAM filters.
§ 4 Prices, Shipping
(1) References in the respective offer prices and shipping costs are final., You include all price components including all applicable taxes.
(2) The shipping costs are not included in the purchase price. You are on the page “Shipping and payment” callable, are reported separately during the order process and have to be borne additionally by the customer, unless the no shipping costs is confirmed.
(3) Gem. § 19 is not included in the bill the VAT.
§ 5 Payment and shipping terms
(1) The conditions for payment and shipping are available at the same button in the navigation.
(2) Unless otherwise specified in the individual methods of payment, the payment of claims from the completed contract immediately due for payment.
(3) If a member appointed by the Customer unexpectedly not available, despite the timely completion of an adequate hedging transaction from one of the vendors due to reasons, the customer will be informed immediately of the unavailability and refunded in case of withdrawal payments already made immediately.
(4) For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs.
For entrepreneurs, the supply and shipment is done at his own risk.
§ 6 Return costs when exercising the right of withdrawal
In the event of the exercise of the applicable consumer statutory cancellation rights apply to distance contracts is agreed that the customer shall bear the regular costs of the return if the price of the returned goods does not exceed an amount of 40 euros or if, at a higher price the thing customer has the consideration or a contractually agreed partial payment at the time of the revocation not yet rendered, unless the delivered goods do not correspond to the order. In all other cases the supplier bear the cost of returning.
§ 7 Retention, Retention of Title
(1) A right of retention, the customer can only exercise if they are claims from the same contractual relationship.
(2) The goods until full payment of the purchase price of the provider.
(3) If the customer is a company, the following also applies:
a) The seller retains title to the goods until full payment of all claims from the current business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he assigns all claims to the amount of the invoice amount accruing to him from the resale to which the assignment accepting from the manufacturer. The customer is also authorized to collect the debt. As far as he fulfills his payment obligations properly, the Provider reserves the right, however, to collect the debt itself.
c) When connecting and mixing of the goods the supplier acquires joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities he is entitled, on request of the customer insofar as the realizable value of the securities of the provider exceeds the secured claims by more than 10%. The selection of the securities to be released is up to the provider.
§ 8 Warranty
(1) The statutory provisions.
(2) The consumer is asked to examine the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the carrier as soon as possible notify complaints of the customer. If the Customer does not comply, this does not affect the statutory warranty claims.
(3) If the customer is an entrepreneur, by way of derogation from paragraph 1:
a) apply condition of the goods only their own information by the provider and the manufacturer’s product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods to the supplier in writing, the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects the provider shall, at its option by repair or replacement. If the repair fails twice, the customer can demand a reduction or withdraw from the contract at his discretion. In case of repair, the provider must not bear the increased costs incurred by the shipment of goods to a place other than the place of performance, provided that the shipment does not match the intended use of the product.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to the seller attributable culpably caused damage arising from injury to life, body or health, and with gross negligence or damage caused intentionally or bad faith of the provider, as well as recourse under §§ 478, 479 BGB.
§ 9 Liability
(1) The provider shall be liable in each case without limitation for damages from injury to life, body or health, according to in all cases of intent and gross negligence, fraudulent concealment of a defect in the transfer of guarantee for the quality of the purchased item, damage the Product Liability Act and in all other cases established by law.
(2) If significant contractual obligations are concerned, the liability of the supplier in case of slight negligence on the contract-typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the seller imposes the contract according to its content for purpose of the contract, which makes the proper execution of the contract possible in the first may make and to which the customer rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at any time after the current level of technology. The seller is liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.
§ 10 Applicable Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not withdrawn (favourability).
(2) The place of performance for all obligations of the business as well as existing jurisdiction with the seller is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention specifically does not apply.
These terms and conditions were created by the specialized IT Law lawyers of dealers Federal and be permanently checked for legal compliance. The Dealers Association Management Ltd guarantees for the legal certainty of the texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.