Terms of Service
Franz Müller GmbH & Co. KG, Am Schafberg 4, 96489 Niederfullbach, hereinafter referred to as seller.
§ 1 General, Definitions
(1) The seller offers via the online shop on the website http://shop.flechtwaren-mueller.de goods. The following terms and conditions (GTC) apply to the business relationship between the seller and the customer in their version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur i. P. D. Business terms and conditions are natural persons, legal entities or partnerships with legal capacity who act in the course of their legal business in the course of their commercial or independent professional activity. Customer i. P. D. Terms of business are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary terms and conditions do not become part of the contract, unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the website of the seller does not constitute an offer in the legal sense, but merely an invitation to the customer to make an offer in the legal sense. The ordered goods may differ slightly from the goods shown on the Internet due to the technical presentation possibilities within reasonable limits, in particular, this may lead to color variations, as far as this is reasonable.
(2) The order can be made by the customer via the seller's website, by e-mail, by fax or in writing. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods / s.
(3) The seller will confirm the receipt of the customer's order immediately by fax or e-mail.
The purchase contract comes with payment in advance / bank transfer or on account not already with this order confirmation, but only with sending a separate e-mail with an order confirmation or delivery of the goods. The seller is entitled to accept the contract offer in the order within 5 working days. In the case of goods ordered electronically, the seller is entitled to accept the order within 2 working days of receipt. An assumption is the same if the seller delivers the goods ordered within this period.
(4) The conclusion of the contract is subject to the proviso, in the case of improper or improper self-supply, not or only partially. This applies only in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a specific hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability or only partial availability of the goods, the customer will be informed immediately.
(5) If the customer orders the goods by electronic means, the contract text will be stored by the seller and sent to the customer along with the legally valid terms and conditions by e-mail after conclusion of the contract.
§ 3 Retention of title
(1) For consumers, the seller reserves ownership of the goods until full payment of the purchase price. For entrepreneurs, the seller reserves ownership of the goods until full settlement of all claims from an ongoing business relationship.
(2) In case of breach of contract by the customer, in particular default in payment, false information from the customer about his creditworthiness or if an application for opening insolvency proceedings is made, the seller - if necessary after setting a deadline - entitled to withdraw from the contract and the goods out if the customer has not or not yet provided the consideration in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns the seller all claims i. H. d. Invoice amount accruing to him from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim itself as soon as the entrepreneur fails to meet his payment obligations properly and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled on request of the customer to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the VAT. The additional shipping costs incurred during shipping are included in the shipping cost overview / delivery restrictions. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price by e-mail or invoice within 14 days of receiving the order confirmation. After the deadline, the customer is in default of payment. The consumer has the debt during the delay i. H. v. Interest rate of 5 percentage points above the base rate. The entrepreneur has the debt during the delay i. H. v. Interest rate of 9 percentage points above the base rate. In addition, the entrepreneur owes a lump sum payment in the amount of 40 euros in case of default with a payment claim. This also applies if the entrepreneur is in arrears with an installment or other installment payment. With respect to the entrepreneur, the seller reserves the right to assert a higher damage caused by default. The lump sum pursuant to sentence 5 shall be credited against a claim for damages owed, insofar as the damage is justified in the costs of prosecution.
(3) The customer has the right to offset only if his counterclaims have been legally established, recognized or not disputed by the seller. The right of the buyer to offset with contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
§ 5 payment options
(1) Customers can pay the purchase price in advance or on account.
(2) You will find information about the costs of the selected means of payment in the summary of payment methods on our website.
§ 6 shipping
(1) The seller delivers exclusively within the EU.
(2) The delivery period for deliveries within Germany is stated on the quotation page. The beginning of the delivery period is determined (depending on the chosen payment method) according to para. 3 to 4.
(3) When paying in advance, the delivery period begins one day after the payment order has been made. For all other payment methods, the period begins one day after the order.
(4) If the start of the period or the end of the period falls on a Saturday, Sunday or public holiday, the start of the period or the deadline shall be postponed to the following working day.
(5) With regard to the reservation of proper self-delivery, the seller refers to § 2 Abs. 4 of these terms and conditions.
(6) The seller is entitled to partial delivery, as far as a partial delivery in consideration of his interests is to be expected the customer. This has no influence on the content of the contract, in particular on the performance owed by the seller or on the agreed performance time. The customer does not incur additional costs due to the partial delivery.
§ 7 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the consumer during the sale of the goods when the goods are handed over.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, when the goods are dispatched to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
(3) The transfer is the same if the customer is in default with the acceptance.
§ 8 Warranty
It is the statutory warranty.
§ 9 Final Provisions, Dispute Resolution
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Sales Convention do not apply. §§ 151, 636 TDSG remains unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court having jurisdiction at the registered office of the seller, unless an exclusive place of jurisdiction exists. However, the seller is also entitled to sue the merchant at his place of residence or business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched.
(3) We are obliged to inform you that a suitable online platform is available with regard to the so-called online dispute resolution by the European Commission. You can access this platform at the following link: http://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address.
This is: firstname.lastname@example.org
For consumers we are obliged to participate in a dispute settlement procedure before a consumer arbitration board.
The competent consumer arbitration board is:
General Consumer Arbitration Board
of the Center for Mediation e.V.
Strasbourg street 8
77694 Kehl on the Rhine
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