This Conditions-Text is an translation from the german by Google-Translate:
GENERAL TERMS AND CONDITIONS (ONLINE-SHOP) § 1 Scope and Provider
(1) These terms and conditions apply to all orders you have at the online store
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German.
(5) You can change the currently valid terms and conditions on the
View and print website [https://bilder-poster-poesie.de/agb/].
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button [“order now for payment” / “buy”] you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can recheck the order and correct it if necessary.
(3) After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you without prior express acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
§ 3 prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. For more information about shipping costs, please visit our website at [“Shipping Information” / “Terms of Delivery”].
§ 4 Terms of payment; delay
(1) Payment may be made by:
Invoice in advance, PayPal.
(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
(3) When selecting the payment method in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by cash on delivery, an additional fee of [X] EUR is payable by the local delivery agent. Further costs and taxes are not applicable.
(5) If paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information is available
during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
(7) If you pay by direct debit, you may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.
(8) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 set-off / right of retention
(1) You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in close syn- agmatism with our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part, but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
– We reserve ownership of the goods until the complete settlement of all claims from the current business relationship.
Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
– In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
by means of a clear statement (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract,
inform. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*) Name of consumer (s): Address of consumer (s):
Signature of the consumer (s) (only on notice on paper) Date
(*) Delete as appropriate.
End of revocation
(1) The right of withdrawal does not exist on delivery
– goods which are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer (eg T-shirts with your photo and name),
– sealed goods which, for reasons of public health or hygiene, are not suitable for return if their seal has been removed after delivery,
– of goods, if, by reason of their nature, they have been inseparably mixed with other goods after delivery,
– sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery,
– from newspapers, periodicals or magazines, with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage in order to avoid claims for damages due to defective packaging.
(3) Please call us before returning to [Tel.No.] to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damages, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods – deviating from the statutory provisions – one year.This restriction does not apply to claims due to damage from injury to life, limb or the health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractor regularly relies (cardinal duty) as well as for claims due to other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. Section 438 (1) no. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
– For the condition of the goods are only our own information and the product description of the manufacturer binding, but not public suggestions and statements and other advertising of the manufacturer.
– You are obliged to inspect the goods immediately and with the required care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
– In the case of defects, we provide warranty at our option through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
– If the supplementary performance fails twice, you can request a reduction or withdraw from the contract.
– The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform is accessible via the external linkhttp: //ec.europa.eu/consumers/odr/.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Sales Convention”). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of December, 2018
Source: Copyright: HÄRTING Rechtsanwälte, www.haerting.de, Vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr . Consumers have the option to contact [name, address, website of the Conciliation Body] for the settlement of their disputes. We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.