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Terms of conditions

GTCs for the online shop of Concept S Ladenbau u. Objekt Design GmbH

1. General information

1.1. The following terms (GTCs) apply to all contracts that are concluded with the customer (hereinafter: CUSTOMER) through the online shop of Concept S Ladenbau u. Objekt Design GmbH, Steinbeisstraße 8, 73614 Schorndorf, Germany (hereinafter: SELLER) under the domain www.concept-s-design.com.

1.2. These GTCs contain special provisions for customers who are entrepreneurs in the sense of article 14 of the German Civil Code (Bürgerliches Gesetzbuch)(hereinafter: ENTREPRENEUR). These special clauses for the course of trade are marked by an explicit reference to ENTREPRENEURS and are not applicable for transactions with consumers in the sense of article 13 of the German Civil Code.

1.3. The SELLER does not recognise deviating general terms of the customer unless the SELLER has explicitly consented to them in written form.

 

2. Contract conclusion

2.1. By clicking the respective button, the CUSTOMER can place the desired product into the shopping cart and then initiate the order process by clicking on the shopping cart. In the order process, the CUSTOMER must enter the required contact data for delivery and for payment, and conclude the order by clicking the button “order with obligation to pay”.

2.2. Input errors, particularly products that are mistakenly placed into the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and by using the available buttons. In the order process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the “previous” and “next” buttons of the browser.

2.3. The presentation of the products in the online shop of the SELLER merely represents a non-binding invitation to the CUSTOMER to place an order. By placing the order, the CUSTOMER makes a binding offer to contract conclusion with regards to the products contained in the shopping cart. The SELLER will automatically confirm the receipt of the order via e-mail. A contractual relationship does not arise from the automated order confirmation of the shop system. After reviewing its inventory, the SELLER will accept the CUSTOMER’s offer by means of a separate acceptance declaration via-email or by sending the goods within a period of 5 days or 3 workdays after the order is placed. Only with this separate acceptance declaration via e-mail or upon receiving the goods within the specified period is the purchase agreement concluded. The issue of an invoice is the equivalent of an acceptance declaration.

2.4. The purchase agreement is concluded with Concept S Ladenbau u. Objekt Design GmbH, Steinbeisstraße 8, 73614 Schorndorf, Germany.

2.5. The contract language is German.

 

3. Contractual text storage

The contract text is stored by the SELLER. The order data sent to the CUSTOMER separately in written form (e-mail). The GTCs can also be called up and printed out in the online shop.

 

4. Right of revocation

Consumers are generally entitled to a statutory right of revocation. The legal provisions on any existing right of revocation can be found exclusively in the revocation Policy that can be called up within the scope of the order process for the CUSTOMER.

5. Prices and delivery costs

5.1. The applicable prices on the day of the order as they are displayed in the online shop shall apply.

5.2. The prices displayed in the online shop are specified in euros and include the statutory value-added tax.

5.3. When purchasing goods that are delivered in a package or in any other manner, the following applies: The prices displayed in the online shop do not include the delivery costs for packaging and postage. The delivery costs are calculated dynamically in the order process and are displayed in the shopping cart overview before ordering.

5.4. For all orders/deliveries abroad, a flat shipping rate is calculated according to the delivery cost table retrievable in the online shop. The flat shipping rate for the delivery abroad can also be viewed in the shopping cart before sending off the order.

5.5. Additional taxes (e.g. in the event of an intra-community acquisition) and/or duties(e.g. customs duties) may be due by the CUSTOMER on a case-by-case basis for cross-border deliveries.

 

6. Terms of payment

6.1. The SELLER only accepts the payment methods offered during the order process in the online shop. The CUSTOMER himself/herself selects their preferred payment method from the available payment methods.

6.2. If the delivery is carried out as an advance payment by bank transfer, the CUSTOMER must transfer the payment of the purchase price plus incurred supply and delivery costs before delivery to the seller. The delivery shall be carried out after receipt of the full invoice amount onto the account of the SELLER.

6.3. If a delivery is carried out against invoice, the purchase price must be paid net (without deduction) immediately, at the latest within 20 days from the invoice date or after receipt of the goods. The statutory provisions concerning the consequences of payment default shall apply.

6.4. if the delivery is carried out against payment by credit card, the CUSTOMER issues the authorisation to charge the full invoice amount including incurred delivery and shipping costs when due via the concerned credit card company upon disclosing the credit card data. The charge in this case is executed with the order confirmation.

6.5. If a payment is carried out via PayPal, the CUSTOMER must have a PayPal account and legitimise themselves with their PayPal login details. The CUSTOMER must then pass through the PayPal payment process and confirm the payment to the SELLER. Payment can also be carried out using the PayPal payment method without a PayPal user account. With regards to the guest function of PayPal, the available provisions on the payment method apply.

6.6. The CUSTOMER is granted a discount to the sum of 2% of the net invoice amount for payment made within 8 days from the invoice date.

6.7. CUSTOMERS who are ENTREPRENEURS in the sense of article 14 of the German Civil Code are only entitled to rights to offset if the counterclaims have been legally determined, are uncontested or recognised by the SELLER or if the opposing claims are based on the same legal relationship. This offsetting prohibition does not apply to CUSTOMERS who are consumers in the sense of article 13 of the German Civil Code.

 

7. Delivery and shipping terms – information on calculating the delivery date

7.1. The delivery of goods that are delivered in a package or otherwise by postal delivery shall be carried out, unless agreed otherwise with the CUSTOMER, via postal delivery (package, small package, letter, freight forwarder, etc.) to the delivery address specified in the order by the CUSTOMER.

7.2. The delivery period is specified separately for the respective product in the product description on the product page.

7.3. In case of payment in advance, the delivery period specified on the product page begins on the workday after the payment order of the CUSTOMER to the transferring credit institute, and for all other payment methods on the workday after the day of contract conclusion.

7.4. The risk of accidental loss and accidental deterioration of the sold object passes for deliveries to entrepreneurs with the transfer to them or to an authorised recipient, in the event of the sales shipment already when the goods are handed over to an authorised transport person. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold goods passes over with the transfer of the goods to the consumer in accordance with article 446 of the German Civil Code. With regards to the risk assumption, the same applies if the CUSTOMER is in default of acceptance.

7.5. Orders and deliveries are only offered in and to Germany, and to the countries specified in the online shop and/or in the delivery cost table.

7.6. The SELLER shall immediately inform the CUSTOMER in the event of any delays in delivery.

7.7. If the carrier sends the purchase object back to the SELLER because a delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a renewed delivery. This shall not apply if the CUSTOMER, parallel to the refused acceptance, has exercised any existing right of revocation or if he is not responsible for the circumstances that led to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the offered service unless the SELLER had provided notice of the service to him an appropriate time in advance.

 

8. Retention of title

8.1. The SELLER retains title of the sold goods until full payment of the purchase prices.

8.2. Goods under retention of title may neither be pledged to third parties, nor assigned as a security. The CUSTOMER must immediately notify the SELLER in written form if and insofar as third parties access the goods of the SELLER.

8.3. If the CUSTOMER should act in violation of the terms of the contract, particularly in the event of the non-payment of the due purchase price, the SELLER is entitled in accordance with the statutory provisions to withdraw from the contract and to demand the goods as a result of the retention of title and the withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER has previously unsuccessfully been set an appropriate deadline for payment or if such a deadline is unnecessary according to the statutory provisions.

9. Guarantee/liability for defects/duty to give notice of defects

9.1. In the event of defects of the purchased goods, the rights are governed by the statutory provisions.

9.2. Claims for defects from ENTREPRENEURS who are merchants in the sense of the German Commercial Code (Handelsgesetzbuch) assume that they have met their obligations in accordance with article 377 of the German Commercial Code to examine and complain within 14 calendar days after receipt of the goods in written form. This duty to give notice of defects shall not apply to CUSTOMERS who are consumers in the sense of article 13 of the German Civil Code.

9.3. The period of limitation for claims for defects made by ENTREPRENEURS amounts to 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This reduction of the warranty obligation does not apply for CUSTOMERS who are consumers in the sense of article 13 of the German Civil Code.

 

10. Liability

10.1. The claims of the CUSTOMER to damages or reimbursement of futile expenses against the SELLER are subject, outside the warranty law, to these provisions regardless of the legal nature of the claim asserted.

10.2. The liability of the SELLER is – irrespective of the legal reasons – ruled out unless the cause of damage is based on intent and/or gross negligence of the SELLER, their employees, their representatives or their vicarious agents. Insofar as the liability of the SELLER is ruled out or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER in accordance with the German Product Liability Act (Produkthaftungsgesetz) remains unaffected (article 14 of the Product Liability Act).

10.3. For damages that arise from the injury to life, limb or health that are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a statutory representative or vicarious agents of the SELLER, the SELLER shall be liable in accordance with the statutory provisions.

10.4. Insofar as the SELLER has at least negligently violated a material contractual obligation, i.e. a duty whose observance is of special importance for the achievement of the contractual purpose (material contractual obligation or cardinal obligation), the liability is limited to the typically resulting damages, i.e. to such damages that one must typically anticipate within the scope of the contract. A material contractual obligation or cardinal obligation in the aforementioned sense is such a duty whose fulfilment makes the proper execution of this contract possible in the first place and on which the CUSTOMER can regularly rely and is entitled to rely.

 

11. Data storage and data privacy

The data privacy legal provisions of the data privacy statement on the website www.concept-s-design.com shall exclusively apply.

 

12. Reference in accordance with article 14 of the ODR directive

12.1. CUSTOMERS who are consumers in the sense of article 13 of the German Civil Code have the option, in case of a dispute, to initiate online dispute resolution proceedings at the EU portal “Your Europe” (https://europa.eu/youreurope/citizens/index_de.htm) with a recognised arbitration body. For this purpose, you can make use of the online arbitration platform of the EU under the URL https://ec.europa.eu/consumers/odr/.

12.2. The online arbitration proceedings are not a mandatory requirement for going to responsible general jurisdiction courts, but represent an alternative option to resolving differences that can arise within the scope of a contractual relationship.

12.3. Other national provisions on the execution of arbitration proceedings remain unaffected by the aforementioned provisions in sections 12.1 and 12.2.

 

13. Reference in accordance with article 36 of the Act on Alternative Dispute Resolution in Consumer Matters

13.1. CUSTOMERS who are consumers in the sense of article 13 of the German Civil Code generally have the option of pursuing alternative dispute resolution proceedings in the sense of article 36 of the Act on Alternative Dispute Resolution in Consumer Matters.

13.2. The alternative arbitration proceedings are not a mandatory requirement to go to responsible general jurisdiction courts, but represent an alternative option to resolve differences that can arise within the scope of a contractual relationship.

13.3. The seller does not participate in the alternative dispute resolution proceedings in the sense of article 36 of the Act on Alternative Dispute Resolution in Consumer Matters.

 

14. Information on battery disposal

The following information concerns the handling of goods by end users if these goods consist of batteries or if these goods contain batteries.

Cost-free return of old batteries:

Batteries may not be disposed of in the household waste. You are legally obligated to return used batteries to ensure a professional disposal. You can hand in used batteries at a communal collection point or at local retail. As a distributor of batteries, the SELLER is obligated to take back used batteries, whereby his take-back obligation is limited to the type of used batteries that he offers and sells as new batteries or has offered and distributed. You can send the SELLER used batteries of the aforementioned type with sufficient postage by mail or directly hand them in at the offices of the SELLER without cost.

Meaning of the battery symbols:

 

Batteries are labelled with the symbol of a crossed-through rubbish bin. Batteries may not be disposed of in the household waste. Batteries that contain more than 0.002 per cent by weight of cadmium or more than 0.004 per cent by weight of lead are labelled accordingly with the respective information under the rubbish bin as follows with the respective abbreviated chemical designation (“Cd” for Cadmium, “Pb” for lead and “Hg” for mercury):

 

15. Final provisions

15.1. The law of the Federal Republic of Germany shall apply under the exclusion of the UN convention on the international sale of goods.

15.2. The aforementioned choice of law only applies to consumers who do not conclude the contract for professional or commercial purposes insofar as the afforded protection is not deprived through mandatory provisions of the law of the country in which the consumer has their habitual place of residence.

15.3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER in 73614 Schorndorf, Germany.

15.4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or the habitual place of residence at the time of filing a complaint is not known. The right of the SELLER to appeal to the court of another statutory place of jurisdiction remains hereby unaffected.

 

 

 

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