Conditions of Use
General Terms and Conditions of Sale and Delivery (GTC)
I. Section:
Conditions that also apply in particular to consumers:
The following terms and conditions of this section apply in particular to consumers. For entrepreneurs, the conditions stated in Section II also apply.
Consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1. Scope:
All sales and deliveries of goods to you by Ms. Helga Freier as your contractual partner (hereinafter „your contractual partner“) are made on the basis of the following General Terms and Conditions.
2. Contract conclusion/contract partner:
2.1 Contract language
The language available for the conclusion of the contract is German.
2.2 contractors
The purchase contract is concluded with Helga Freier, Am Heistersiek 15, 32139 Spenge
2.3 Ordering process/conclusion of contract
The following applies to the order process, depending on the platform you use to conclude the contract:
2.3.1 Conclusion of contract in the shop
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. By clicking on the order button, you place a binding order for the goods contained in the shopping cart.Confirmation of receipt of the order is sent together with acceptance of the order immediately after it has been sent by means of an automated e-mail.The purchase contract is concluded with this email confirmation.
In this email we will send you the essential content of the contract as well as these general terms and conditions and - if you are a consumer - a separate cancellation policy.
A binding contract can also be concluded beforehand as follows:
If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment order to PayPal.
You can cancel the order process at any time by leaving the shopping cart or the respective offer pages using the „Close“ or „Previous page“ function of your Internet browser.
You only place an order when you click on the „Order now for a fee“ button in the shopping cart.
In this case, you have made a binding offer. However, you then have the statutory right of withdrawal (see section 15)
2.4 Provider details / address:
Helga Freier
Am Heistersiek 15
32139 Spenge
Tel.: +49 5225-2607
Fax : +49 5225-872693
E-Mail: helga_freier@hotmail.de
Sales tax identification number : DE 251992463
Tax identification number : 324/5039/1415
3. Shipping / Pickup / Shipping costs:
3.1 Unless otherwise agreed, delivery and invoicing shall only be
within Germany.
Unless otherwise agreed, delivery and invoicing will only take place
within Germany. Delivery is subject to a flat-rate packaging – and shipping fee. The shipping costs stated in the offer apply to the German mainland. This excludes German islands, as additional shipping costs are incurred in this case.
As a rule, these shipping costs apply :
Small package 9.90 €
Largeßes package 19,00 € to 45,00 €
Palette 69,00 €
The respective shipping costs will be shown in the order process and communicated to you before sending the order.
We also offer free shipping on some items (see item description).
For cash on delivery, an additional charge of 7.00 euros for postal packages and 35.00&euros for freight forwarding.
3.2 In the event of withdrawal from the contract within the scope of your statutory right of withdrawal as a consumer, the following is agreed:
You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed 40 € or if you have not yet provided the consideration or a contractually agreed partial performance at a higher price of the goods at the time of the revocation. Otherwise the return shipment is free of charge for you.
4. Delivery times
4.1 Please refer to the item description for delivery times. Delivery is only made at ground level and only to the first door at the address you specify.
4.2 We reserve the right to make proper deliveries ourselves. This means that your contractual partner is not liable for late or non-delivery if the carefully selected supplier does not supply us, does not supply us on time or does not supply us properly. In this case, we will of course inform you immediately and, in the event that delivery is no longer possible, refund any purchase price paid immediately.
5. Prices:
The prices quoted are final prices including the statutory VAT of currently 19%. The prices from the day of the order apply. They apply to delivery within Germany. Information contained in brochures, advertisements etc. is subject to change and non-binding.
The shipping costs are included in the final price and are shown separately.
6. Payment
The following payment methods are available in our store:
pre-checkout
If you select the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. You will not incur any additional costs for this payment method, with the exception of any transfer costs incurred by your bank.
After
If you select cash on delivery as your payment method, you will incur an additional charge of 7.00 euros. In addition, further costs may have to be paid directly to the deliverer or delivery company.
Paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception: guest access). You will receive further information during the ordering process.
7. Retention of title:
In any case, the delivered goods shall only become your property after full payment has been made.
8. Partial deliveries:
Partial deliveries are possible insofar as this is reasonable for you. You will not incur any additional shipping costs for partial deliveries.
9. Complaints/rights due to material defects:
Complaints must be addressed to the above address of your contractual partner.
If you are a consumer, the statutory warranty rights apply to all goods sold by us. With regard to the term consumer, we refer to the legal definition of § 13 BGB mentioned under I. Section at the beginning.
10. transportationschäden
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Sending a complaint or contacting us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance company.
11. customer service
You can reach our customer service as follows:
Tel: +49 5225-8623031 (Mon – Fri / 09:00 - 18:00)
12. contract text storage
We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.
13. Privacy:
The data recorded during the conclusion of the contract will only be collected, processed and used in accordance with the Data Protection Act (BDSG) and the Telemedia Act (TMG) for the fulfillment of the obligations arising from the contract. For details, please refer to our privacy policy.
14. Other provisions:
Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision. German law shall apply in all other respects.
15. consumer/right of withdrawal
As a consumer, you have a statutory right of withdrawal.
Please refer to the cancellation policy under the link "Right of withdrawal" for details.
II. section
Other conditions that apply exclusively
apply if you are an entrepreneur:
Entrepreneurs are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when the order is placed. (§ 14 BGB)
1. General:
1.1 The provisions set out in the previous section of these terms and conditions also apply to entrepreneurs, unless it is expressly stated that they only apply to consumers. In addition, the following conditions apply to entrepreneurs.
1.2 The terms and conditions also apply to future transactions, even if we do not refer to them separately in the future.
Your General Terms and Conditions of Purchase shall not apply, even if we do not expressly object to them again.
2. Liability:
Your contractual partner shall be liable for damages in accordance with the statutory provisions without limitation if this
a) are based on injury to life, limb or health and are caused by an intentional or negligent breach of duty by your contractual partner, one of its legal representatives or vicarious agents or
b) are based on an intentional or grossly negligent breach of duty by your contractual partner or legal representative or vicarious agent or
c) are based on the Product Liability Act or
d) Your contractual partner has assumed a procurement risk or a guarantee and is therefore liable.
If damage is only due to a negligent, but not grossly negligent breach of a material contractual obligation (cardinal obligation) by your contractual partner, its legal representatives or vicarious agents, without at the same time causing damage; In the event of a breach of a material contractual obligation (cardinal obligation) by your contractual partner, his legal representatives or vicarious agents, without a simultaneous claim based on the above provisions under a) to d), your contractual partner shall also be liable for damages, but limited to the amount of typically occurring and foreseeable damage.
Essential contractual obligations (cardinal obligations) in the above sense are those obligations on whose proper fulfillment you rely and may also rely because they form the basis of the contract.
In addition, your contractual partner is liable insofar as claims for damages are covered by liability insurance.
The legal burden of proof remains the same.
Further claims for damages against your contractual partner, the legal representatives or vicarious agents are excluded, regardless of the legal grounds on which they are based.
3. Rejuvenation of property claims:
Your rights and claims due to material defects expire in one year, unless
a) the delivered goods are one thing,
which, according to their usual use, are used for a
caused or
b) these are claims for reimbursement of expenses pursuant to section 479
BGB or
c) the defect is due to a willful breach of duty by
your contractual partner, its legal representatives or fulfillment
assistants or
d) it concerns claims for damages.
In cases a) to d), the statutory limitation periods shall apply.
The statutory provisions on suspension shall apply,
expiry suspension and üabout the new start of the limitation period.
4. Retention of title:
1. Your contractual partner shall retain title to all goods delivered (reserved goods) until the purchase price has been paid in full and until all its claims arising from the business relationship have been paid.
2. You are entitled to further process and resell the goods in the ordinary course of business as long as you are not in default with the fulfillment of your obligations towards your contractual partner or cease your payments. The following applies in detail:
a. The processing or transformation of the reserved goods is carried out for your contractual partner within the meaning of § 950 BGB, without obligating your contractual partner. By processing or transforming the reserved goods, you do not acquire ownership of the new item in accordance with Section 950 BGB.
If the reserved goods are processed, mixed, blended or combined with other items, your contractual partner shall acquire co-ownership of the new item in a proportion corresponding to the ratio of the invoice value of its reserved goods to the total value.
The provisions applicable to the reserved goods shall apply accordingly to the co-ownership shares arising in accordance with the above provisions.
b. You hereby assign the claims arising from the resale or other transactions such as, for example, contracts for work and services. You hereby assign to your contractual partner all claims arising from resale or other transactions, such as contracts for work and services, together with all ancillary rights, also on a pro rata basis to the extent that the goods have been processed, mixed or blended and your contractual partner has acquired co-ownership in the amount of its asset value or the goods have been permanently installed. Insofar as the goods subject to retention of title are processed, mixed, blended or permanently installed, your contractual partner shall be entitled to a fraction of the respective claim from the resale in proportion to the invoice value of his goods subject to retention of title to the invoice value of the item.
If the reserved goods are sold by you together with other goods not supplied by your contractual partner, you hereby assign to him a share of the claim from the resale in the amount of the invoice value of the reserved goods of your contractual partner.
If you have sold this claim within the framework of genuine factoring, you hereby assign the claim against the factor taking its place to your contractual partner. If the claim from the resale is placed by you in a current account relationship with your customer, you hereby assign your claims from the current account relationship to your contractual partner in the amount of the invoice value of the goods subject to retention of title.
c. Your contractual partner hereby accepts the above assignments.
d. You are entitled to collect the claims assigned to your contractual partner until revoked by him. The authorization to collect expires upon revocation, which takes place if you are in default of payment or cease payment. In this case, your contractual partner is authorized by you to inform the customers of the assignment and to collect the claim himself.
Upon request, you are obliged to provide your contractual partner with a precise list of the claims to which you are entitled, including the names and addresses of the customers, the amount of the individual claims, invoice date, etc. and to provide him with all information and documents necessary for the assertion of the assigned claims and to allow him to check this information.
e. Amounts received by you from assigned claims are to be kept separately for your contractual partner until they are transferred to him.
f. Pledges or security assignments of the reserved goods or the assigned claims are not permitted. Your contractual partner must be informed immediately of any pledges, stating the pledgee.