General Terms and Conditions
Section 1 Scope and providers
(1) These terms and conditions apply to all orders that you place at the online store of your secrets LOCK, CEO: Peter Schmidt. Service hotline: by calling +49 173 9007372 or firstname.lastname@example.org
(2) The range of goods in our online shop is exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made solely on the basis of these General Terms and Conditions. The terms and conditions apply to companies thus also for all future business, even if they are not expressly agreed to. The inclusion of general terms and conditions of a customer that contradict our Terms and Conditions is been rejected at this point and with immediate effect.
(4) The contractual language is German.
(5) You can view and print the currently valid general terms and conditions on the website.
Section 2 Conclusion
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order in the online shop merchandise.
(2) By clicking the button „ORDER NOW” you made a binding purchase offer (Section 145 German Civil Law).
(3) Upon receipt of the offer to purchase you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your offer to purchase. A contract is not concluded by the confirmation of receipt.
(4) A contract of sale of the goods will only be formed if we expressly declare acceptance of the tender offer or if the items are – send to you – without prior explicit declaration of acceptance.
Section 3 Prices
All prices described on the product pages include VAT and other price components, but exclude the respective shipping costs.
Section 4 Payment and Delay
(1) The payment will be made by: Pre-Payments
(2) For the pre-payment, we will provide our bank details in the order confirmation. The invoice amount is to be paid into our account within 10 days after receipt of order confirmation.
(3) Do you get in delay with the payment; you are to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder that after the occurrence of the delay will be sent to you, you will receive at least one reminder fee of 5 EUR calculated, if you cannot prove a lower damage.
Section 5 Offsetting / Retention
(1) A right to set off is available only if your counterclaim has been legally established or is not disputed by us.
(2) You can create a lien only insofar as their counterclaim is based on the same contract.
Section 6 Delivery; Retention of title
(1) Unless otherwise agreed, 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 is made.
(3) If you are businessmen within the meaning of Section 14 German Civil Law, it also applies:
– We reserve the title to the goods until full settlement of all claims from the ongoing business relationship is made. Before the transfer of the ownership of the goods a pledge of the goods is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you will take all claims in the amount of the bill that will accrue from selling the good and transfer it to us. We accept the assignment, but you have to collect the claims. Unless you meet your payment obligations incorrectly, we reserve the right to collect the claims ourselves.
– By connecting and mixing of the goods we acquire joint ownership of the new item in the proportion of the invoice value of the goods to the other processed items of the time of processing.
– We promised to release the securities we are entitled to request as far as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the collateral to be released is in our hands.
Section 7 shipping damage
(1) If goods are delivered with obvious damages, please file a complaint of such errors immediately and please take action as soon as possible to contact us.
(2) The failure of a complaint or to contact us has no consequences for your statutory warranty rights, but it helps us to make our own claims against the carrier or the transport insurance.
Section 8 Warranty
1) Unless expressly agreed otherwise, your warranty claims (Sections 433 ff. German Civil Law) governed by the statutory provisions of Sale of Goods.
(2) If you are a consumer within the meaning of Section 13 German Civil Law, the Period of limitation for warranty claims for deviated objects of the statutory provisions is one year. This limitation does not apply to claims due to damage resulting from injury to life, limb or health or the breach of a contractual obligation which the proper execution of the contract in the first place and on whose observance the contractual partner may regularly trust (cardinal duty) and for claims due to other damages based on intentional or gross negligence of the user or his agents.
(3) They shall be treated to ensure the statutory provisions.
(4) If you are a business within the meaning of Section 14 German Civil Law, the statutory provisions shall apply with the following modifications:
– Only our own specifications and the manufacturer’s product description are binding, but not promotions and public statements and other advertisements by the manufacturer for the quality of the goods.
– You are obliged to inspect the goods immediately and with due attention to the quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. To meet the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects. In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
– We shall remedy defects at our discretion by repair or replacement (supplementary performance). In case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place, provided that the shipment does not comply with the intended use of the goods.
– If the subsequent performance fails twice, you can demand reduction or withdraw from the contract according to your choice.
– The warranty period is one year from the date of delivery.
Section 9 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for minor negligence in the case of damage resulting from injury to life, body and health of persons.
(2) The following limited liability applies: In the case of slight negligence, we shall be liable only in the event of a breach of a fundamental contractual obligation, the fulfillment of which is permissible for the proper execution of the contract and which you may regularly trust
(Cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the conclusion of the contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
Section 10 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
(2) Any contracts between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
(3) If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising from or in connection with contracts between us and you.
These terms and conditions have been prepared by HÄRTING Rechtsanwälte, Chausseestraße 13, 10115
Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 44, mail@haert ing.de