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General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts with us as a supplier (Schwarzbart-Est.14) via the website www.schwarzbart-fashion.com. Unless otherwise agreed, the inclusion of which might be used by your own conditions is contradicted.
(2) Consumers in terms of the following regulations is every natural person who enters into a legal transaction for purposes which can be attributed mainly neither commercial nor its 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.
§ 2 Formation of Contract
(1) Subject of the contract is the sale of goods. Our offers are not binding and no binding offer to conclude a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping cart system.
The purchase of goods intended to be placed in the “shopping basket”. About the appropriate button in the navigation bar, you can call the “shopping cart” and then make changes at any time. After calling the page “Checkout” and the input of personal data and the payment and shipping terms all order data will be displayed on the order summary page conclusively again.
Before submitting the order you will have the opportunity here to check all the details again to change (also using the “back” of the Internet browser) or cancel the purchase.
By sending the order via the “pay it order” you submit a binding offer from us.
(3) The acceptance of the offer (and therefore the contract) takes place immediately after the order by confirmation in writing (e.g. e-mail) in which you carry out the order or delivery is confirmed the goods (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. If necessary services already rendered will be refunded immediately in this case.
(4) Your requests for the creation of an offer are not binding for you. We submit this a binding offer in writing (e.g. email), which you can accept it within 5 days.
(5) The completion of the order and submission of all necessary information in connection with the contract shall be concluded by e-mail automated. They have, therefore, ensure that you stored in your e-mail address is correct, the receipt of e-mails is technically assured and especially not prevented by spam filters.
§ 3 retention, retention of title
(1) A right of retention can only exercise if it is receivable from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We shall be liable without limitation for each damage arising from injury to life, limb or health. Next, we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, on the takeover of guarantee for the condition of the purchased item and in all other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding provision in our customer information (Part II).
(3) If substantial contractual obligations are concerned, our liability for slight negligence to the typical, foreseeable damage. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations, the contract imposes us in his content for purpose of the contract, make the fulfillment of the proper execution of the contract at all possible and compliance with which you may generally rely.
(4) When the breach of minor contractual obligations, liability is excluded for slight negligence.
(5) Data communication via the Internet can be guaranteed at the current state of the art is not error-free and / or available at all times. We shall be liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
§ 5 Applicable law, place of performance and jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favorability).
(2) Performance for all aspects of the business as well as existing jurisdiction with us is our headquarters, where they are not consumers, but a merchant, legal entity under public law or public special assets. The same is true if you have no general jurisdiction in Germany or the EU or domicile or habitual residence at the time the action is not known. The authority also call the court in another legal jurisdiction remains unaffected.
(3) The provisions of the CISG expressly not apply.
II. Customer information
1. Identity of the seller
Am Hahn 62
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction carried out in accordance with § 2 of our general terms and conditions (Part I).
3. The contract language, treaty text storage
3.1. Contract language is German.
3.2. The full text of the contract will not be saved by us. Before sending the order through the online – shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order with us, the order data, the information required by law for distance contracts and the terms and conditions will be sent again via e-mail to you.
3.3. If requests for quotations outside the online shopping cart system will give you all contract data sent as part of a binding offer by e-mail, which you can print or save electronically.
4. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the item description and additional information on our website.
5. Price and Payment Methods
5.1. The reasons given in the respective offer prices and shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly labeled button on our website or in the respective product description, are reported separately during the order process and are payable by you in addition, unless the shipping charge delivery is promised.
5.3. The available payment methods are included under a correspondingly labeled button on our website or in the respective product description.
5.4. Insofar as each payment is not otherwise specified, the payment claims from the completed contract immediately due for payment.
6.1. The delivery, the delivery date and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective product description.
6.2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
7. Statutory warranty rights
7.1. There are the statutory warranty rights.
7.2. As a consumer, you are advised to check the goods immediately upon delivery for completeness, obvious defects and damages and advise us and the shipper complaints as quickly as possible. Come fails to do, this does not affect your statutory warranty claims.
These terms and conditions and customer information have been created by the specialized in IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees for the legal security of the texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 12.02.2014