General Terms And Conditions
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
The sales contract is concluded with Hubert Sommer.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
The contract text is not stored by us.4. Terms of delivery
In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.
We only deliver by shipping. Unfortunately, a self collection of the product is not possible.
The following payment methods are generally available in our shop:
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice, regardless of a connection or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.9. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of an intentional or grossly negligent breach of duty,
- in the case of a guarantee promise, if agreed, or
- as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which can typically be expected. In addition, claims for damages are excluded.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ .
We are ready to participate in an extrajudicial arbitration procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If you are a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.