Standard business terms and customer information

 
I. Standard business terms
 
§ 1 Basic provisions
 
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Frank Schneller) via the https://www.uhrenlieferant.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
 
(2)  A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
 
§ 2 Conclusion of the contract
 
(1) The subject-matter of the contract is the selling of products .
 
(2) We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.
 
(3) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
 
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
 
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
 
§ 3 Right of retention, reservation of proprietary rights
 
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
 
(2) The goods remain our property until the purchase price is paid in full.
 
§ 4 Warranty
 
(1) The statutory warranty rights are applicable.
 
(2) Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
 
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
 
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
 
§ 5 Choice of law
 
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
 
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
 
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II. Customer information
 
1. Identity of the seller
 
Frank Schneller
Bergfinkenstraße 13 a
82194 Gröbenzell
Germany
Telephone: 01718131211
E-Mail: info@uhrenlieferant.de
 
 
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 regarding the conclusion of the contract
 
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
 
3. Contractual language, saving the text of the contract
 
3.1 Contract language shall be English.
 
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
 
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
 
4. Main features of the product or service
 
The key features of the goods and/or services can be found in the respective quote.
 
5. Prices and payment arrangements
 
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
 
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
 
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
 
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
 
6. Delivery conditions
 
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
 
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
 
7. Statutory warranty right
 
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I). 
 
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
 
last update: 19.11.2018