GENERAL TERMS AND CONDITIONS
Overview
§ 1 Scope and Provider
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Terms of Payment; Default
§ 5 Offsetting; Right of Retention
§ 6 Delivery; Retention of Title
§ 7 Cancellation policy
§ 8 Damage in transit
§ 9 Warranty
§ 10 Liability
§ 11 Alternative Dispute Resolution
§ 12 Final Provisions
§ 1 Scope and supplier
(1) These General Terms and Conditions apply to all orders placed with the online shop of
Johannes Stein Metalldesign (sole proprietorship)
Managing Director: Johannes Stein
make.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is English, German or Swedish depending on the language setting.
(5) You can call up and print out the currently valid General Terms and Conditions on our website [specify link]. ["A storage of the contract text does not take place." / "In addition, the text of the contract is stored by us and can be made available subsequently by e-mail."]
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button "Order with costs" you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. Your request can only be accepted by us up to the point in time at which you may expect the receipt of the response under regular circumstances (§ 147 para. 2 BGB). Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under "Terms of delivery".
§ 4 Terms of Payment; Default
(1) Payment shall be made either by:
Invoice,
advance payment,
cash on delivery,
credit card,
Klarna,
Swish,
PayPal or
direct debit.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
(3) If you select the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) If payment is made by cash on delivery, an additional fee of EUR 10 will be charged,
which will be charged by the deliverer on site. Further costs and taxes do not apply.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by you.
§ 5 Offsetting; right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full.
You are not permitted to pledge or transfer ownership of the goods subject to retention of title by way of security.
- You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- 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.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of cancellation, you must contact us at.
Company:
Address:
E-mail:
Phone:
Fax:
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us [or, if applicable, to the name and address of a person authorised by you to receive the goods] without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
"You shall bear the direct costs of returning the goods." Or
"We will bear the costs of returning the goods."
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Cancellation form
If you wish to cancel the contract, please complete and return this form.
To
Company:
Address:
E-mail:
Fax:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where inapplicable.