1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Dr. Bernd Schnappinger, acting under “faltenlos-online” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur in the sense of these AGB is a natural or legal person or a partnership with legal capacity, which acts with conclusion of a legal transaction in exercise of its commercial or independent vocational activity.
2. Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
2.3 The seller can 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 the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 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 after sending his order along with the present general terms and conditions in text form (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected customer account by entering the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
2.5 Prior to binding submission of the order via the online order form of the Seller, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors may be the browser’s zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address given by him for order processing is correct, so that the 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 third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5. Delivery and shipping conditions
5.1 Goods shall be delivered by dispatch to the delivery address indicated by the customer, unless otherwise agreed.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. For the return costs the regulation made in the revocation instruction of the salesman applies with effective exercise of the right of revocation by the customer for this.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is only transferred to the customer or a person authorized to receive the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self collection is not possible for logistic reasons.
6. Reservation of ownership
6.1 The seller reserves the right to ownership of the delivered goods vis-à-vis consumers until complete payment of the purchase price owed.
6.2 The seller reserves the right to ownership of the delivered goods vis-à-vis entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations towards the seller, does not default on payment and no application for the opening of insolvency proceedings has been made.
7. Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:
7.1 If the customer acts as an entrepreneur,
the seller shall have the choice of the type of subsequent performance; for new goods, the limitation period for defects shall be one year from transfer of risk; the rights and claims due to defects are fundamentally excluded in the case of used goods; the statute of limitations shall not recommence if a replacement delivery is made within the scope of the liability for defects. 7.2 If the customer acts as a consumer, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3 The limitations of liability and shortening of the limitation period regulated in the above paragraphs shall not apply
for objects which have been used for a building in accordance with their normal use and which have caused its defectiveness, for claims for damages and reimbursement of expenses on the part of the customer, as well as for in the event that the seller has fraudulently concealed the defect. 7.4 In addition, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code). If the customer omits the notification obligations regulated there, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual warranty claims.
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable for any legal reason without limitation
in the case of intent or gross negligence, in the case of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise specified, due to mandatory liability such as under the Product Liability Act. 8.2 If the Seller negligently violates an essential contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the customer may regularly rely on.
8.3 The seller is not liable for the rest.
8.4 The above liability regulations also apply with regard to the seller’s liability for his vicarious agents and legal representatives.
9. Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10. Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitra