General Terms and Conditions with Customer Information
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. reservation of title
8. warranty for material defects and guarantee
10. Storage of the contract text
11. final provisions
1.1 For the business relationship between Melikov & Dettler GbR, Schonensche Str. 5, 10439 Berlin (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply exclusively in their version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections by e-mail at email@example.com.
1.3 Consumers within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4. deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs and on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. In all other respects, errors excepted.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the range of the seller without obligation and collect them via the button [into the shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the ordering process.
3.2 Via the button [order subject to payment], the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function “back” or cancel the ordering process altogether. Necessary information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. Should the seller allow payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller by a date of 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the seller withdraws from the contract with the consequence that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payments is therefore made for a maximum of 10 calendar days.
4. Prices, shipping costs and taxes / duties
4.1 All prices quoted on the website of the seller are inclusive of the applicable statutory VAT. For deliveries to non-EU countries, additional duties, taxes and fees may apply.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment is agreed, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want delivery of a comparable product, the seller will reimburse the customer, if necessary, already provided consideration without undue delay.
5.4. customers will be informed about delivery times and delivery restrictions (eg restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment modalities
6.1. the customer can choose within the framework and before completion of the ordering process from the available payment methods. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
6.5. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
7. Retention of title
Until full payment, the delivered goods remain the property of the seller.
8. Warranty and guarantee
8.1 The warranty is determined by statutory provisions.
8.2. A guarantee exists for the goods supplied by the seller only if this was expressly given within the statutory periods. Customers will be informed about the warranty conditions before the initiation of the ordering process.
9.1. For a liability of the seller for damages, the following exclusions and limitations of liability apply, without prejudice to the other statutory requirements for claims.
9.2. The seller is liable without limitation, provided that the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10. Storage of the contract text
10.1. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
11. Final Provisions
11.1 Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, legal entity under public law or public law special fund.
11.2. contract language is German.
11.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.