Terms and consumer information
§ 1 Basic Provisions
(1) The following conditions apply to all contracts between Tilo Eckhardt, Höchstenbacher Straße 1, D-57644 Welkenbach, Germany - hereinafter referred to providers - and the customer, which www.zuchthoehlen.de on the website are closed. Unless otherwise agreed, the involvement of the customer's own terms is contradicted.
(2) consumer according to the following rules shall mean any natural person who enters into a legal transaction for a purpose that can be attributed neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a partnership with legal personality, who concludes a legal transaction in the exercise of their professional or commercial activity.
(3) The contract language is German. The full text of the contract is not saved by the provider. Before submitting the order via 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 the supplier, the order data, the information required for distance contracts and the terms and conditions will be sent by email to the customer again.
For quotation requests, for example, the be sent to the supplier, the customer receives all contract data in the context of a binding offer sent via email, which the customer can print or save electronically.
§ 2 contract
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and additional information on the website of the provider.
§ 3 Conclusion of contract
(1) The product representations of the provider on the Internet are non-binding and no binding offer to conclude a contract.
(2) The customer may purchase a binding offer (order) using the online item - shopping cart system.
The intention to purchase goods are stored in the "basket"., The customer via the corresponding button in the navigation bar to call the "Shopping Cart" at any time and make changes there. After calling the page "Checkout" and entering your personal data and payment and shipping options data are displayed on the order summary page finally again.
Before submitting the order, the customer has the opportunity here to check all the details again to change, cancel (also using the "back" of the Internet browser) or buying.
"Buy" By submitting the order to the button, the customer makes a binding offer from the provider.
The customer will receive an automatic email on the receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the Offer (and therefore the contract) either by confirmation in writing (eg email), in which the customer confirms the goods the processing of your order or delivery or by sending the goods. If the customer within 5 days of an order confirmation or notice of the shipment or have not received goods, he is no longer bound to his order. Optionally already made will be refunded immediately in this case.
(4) the customer requests for individual quotations outside the line - shopping cart system that will be sent to the seller are not binding for the customer. The provider shall submit to the customers this a binding offer in writing (eg by email) which can accept within 5 days of the customer.
(5) The execution of the order and submission of all information required in connection with the contract shall be partially automated by email. The customer must, therefore, ensure that the instrument deposited by him with the supplier email address is correct, the receiving of emails technically assured and is particularly not prevented by SPAM filters.
§ 4 Prices, Shipping
(1) References in the respective offer prices and shipping costs are final; they include all price components including all applicable taxes.
If the delivery takes place in the non-EU countries, other customs duties, taxes or fees can be paid by the customer, not the seller, but to the competent customs and tax authorities. The customer is advised to check the details before the order to the customs and tax authorities.
(2) The shipping costs are not included in the purchase price. You are on the page "Shipping and payment" callable, are reported separately during the order process and are to be borne additionally by the customer, unless the shipping costs is confirmed.
(3) according to § 19 UStG VAT is not included in the bill.
§ 5 Payment and shipping conditions
(1) The terms of payment and shipping can be found under the same button in the navigation.
(2) Unless otherwise specified in the individual methods of payment, the payment of claims deriving from the contract immediately due for payment.
(3) If a customer ordered product unexpectedly not available, despite prompt conclusion of an adequate hedging transaction from a by the provider to reasons, the customer will be informed immediately of the unavailability and refunded in case of withdrawal payments already made immediately.
(4) For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the goods during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured is.
§ 6 Return costs when exercising the right of withdrawal
Unless you make use of an existing right of withdrawal, you have to bear the cost of returning the goods if the delivered goods correspond to the ordered. Otherwise the return is free for you.
§ 7 Retention, Retention of Title
(1) A lien, the customer can only exercise if they are claims from the same contractual relationship.
(2) The goods until full payment of the purchase price of the provider.
§ 8 Warranty
(1) the applicable legal requirements.
(2) As a consumer is asked to examine the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the shipper to inform the customer complaints as quickly as possible. If the customer does not comply, this does not affect the statutory warranty claims.
§ 9 Liability
(1) The provider shall be liable in each case without limitation damages resulting from injury to life, body or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, warranty coverage for the condition of the purchased item, damage the Product Liability Act and in all other cases established by law.
(2) Unless substantial contractual obligations are concerned, the liability of the provider for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach would jeopardize the purpose of the contract and obligations that the seller imposes the contract according to its content in order to achieve the purpose of the contract, which makes the proper execution of the contract possible in the first may make and to which the customer rely.
(3) Liability is excluded for slight negligence for the violation of essential contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at any time after the current level of technology. The provider is liable for neither the extent nor the constant uninterrupted availability of the Website and the services offered there.
§ 10 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not withdrawn (favourability).
(2) Place of performance for all obligations of the business and jurisdiction with the existing provider's place of business, where the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The power, to the court in another legal jurisdiction remains unaffected.
(3) The provisions of the CISG expressly do not apply.
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
We do not use alternative dispute settlement (AS)
Our email for consumer complaints are: firstname.lastname@example.org