General terms and conditions
General Terms and Conditions Legal and Customer Information I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Thomas Kraus) via the website www.spanngummishop.de. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant number system, make the appropriate selection or enter your data there. Finally you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the option of checking all details again, changing them (also via the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the button "order payable" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all in connection with the conclusion of the contract
The required information is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
§ 3 Special agreements on payment methods offered
(1) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA basic direct debit or by SEPA corporate direct debit, you authorize us to debit the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The collection of the direct debit takes place within 4 days after conclusion of the contract.
The time limit for pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account is adequately covered on the due date. In the case of a return debit note due to your fault, you must bear the bank charges incurred.
§ 4 Right of retention, reservation of title
(1) You can only exercise a right of retention to the extent that it relates to claims arising from the same
(2) The goods remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
e) For returns, we charge 20% of the order amount as a re-storage fee plus the outward shipping costs.
§ 5 Warranty
(1) The statutory liability for defects exists.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the foregoing warranty provisions shall not apply:
a) Only our own details and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction in the purchase price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else results, in particular, from the nature of the object or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The time limit reduction shall not apply:
- culpably caused damages attributable to us from injury to life, limb or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.
§ 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. customer information
1. identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data within the framework of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment methods
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. You are informed about a corresponding
The button marked on our website or in the respective offer are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.
5.3 The methods of payment available to you are indicated by a button on our website or in the relevant offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
7. statutory liability for defects
Liability for defects shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found under: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017