GENERAL TERMS AND CONDITIONS
On the basis of these General Terms and Conditions of Business (AGB), the customer and the supplier shall be bound by each other.
Heinz Diekmann GmbH, Germany
Represented by Stefan Diekmann
Address: Warendorfer Str. 10 59075 Hamm
E-mail address: email@example.com
Commercial Register: Hamm Local Court
Commercial register number: HRB 1814
Sales tax identification number: DE162253453
hereinafter referred to as the provider, the contract is concluded.
SUBJECT OF THE CONTRACT
This contract regulates the sale of new goods from the Tiny House area/areas, trailers, spare parts, water treatment, paints and varnishes via the supplier’s online shop. Please refer to the product description on the offer page for details of the respective offer.
CONCLUSION OF CONTRACT
The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept. The ordering process for the conclusion of the contract comprises the following steps in the shop system:
Selection of the offer in the desired specification (size, colour, quantity)
Adding the offer to the shopping cart
Press the button ‘order’.
Entering the billing and delivery address
Selection of payment method
Verification and processing of the order and all entries
Press the button ‘order’.
Confirmation mail that order has been received
With the sending of the order confirmation the contract comes off.
The contract is concluded for an indefinite period.
RETENTION OF TITLE
The delivered goods remain the property of the supplier until full payment has been received.
The provider reserves the right not to provide the promised service if it is not available.
PRICES, SHIPPING COSTS, RETURN COSTS
All prices are final prices and include the legal sales tax. In addition to the final prices, further costs are incurred depending on the mode of dispatch, which are displayed before dispatch of the order. If there is a right of withdrawal and this is used, the customer bears the cost of return.
TERMS OF PAYMENT
The customer has only the following options for payment: prepayment, cash on delivery, payment service (PayPal), cash payment on collection. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred after receipt of the invoice, which contains all data for the transfer and is sent with E-Mail, to the account indicated there in advance. In the case of cash on delivery, the cash on delivery amount is paid to the deliverer in cash upon delivery, whereby the deliverer charges a cash on delivery fee. If a trustee service/payment service provider is used, this enables the provider and customer to process the payment among themselves. The trustee service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trust service/payment service provider. The invoice amount can also be paid in cash during normal office hours, after deduction of the shipping costs charged, at the business premises of the Provider. The customer is obliged to pay or transfer the stated amount to the account stated on the invoice within 7 days of receipt of the invoice. Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined on a calendar basis, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or legally established.
TERMS OF DELIVERY
The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average at the latest after 2 days. The entrepreneur commits himself to the delivery on the 14 day after order entrance. The standard delivery time is 3 days, if nothing else is indicated in the article description. The offerer sends the order either from own camp, as soon as the entire order is there in stock or the order is dispatched by the manufacturer, as soon as the entire order is there in stock. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB). The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to compensation claims of the customer because of injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
DRAFTING THE CONTRACT
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The customer has no possibility to directly access the stored contract text. The customer can correct errors in the input during the order process. He can proceed as follows: In the event of input errors, simply press the back button of your browser and correct them.
RIGHT OF REVOCATION AND CUSTOMER SERVICE
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day,
– In the case of a contract of sale: where you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.
– In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: to which you or a third party other than the carrier designated by you have taken possession of the last goods.
– In the case of a contract for the supply of goods in several instalments or pieces: in which you or a third party other than the carrier designated by you took possession of the last instalment or piece.
– In the case of a contract for the regular delivery of goods over a fixed period: when you or a third party other than the carrier designated by you took possession of the first goods.
– If several alternatives meet, the last time is decisive.
In order to exercise your right of cancellation, you must inform us (Heinz Diekmann GmbH, Stefan Diekmann, Warendorfer Str. 10 59075 Hamm +49 2381/871270 firstname.lastname@example.org) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can download and use a sample withdrawal form here, but it is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (with the exception of additional charges arising from your choice of a method of delivery other than the low-cost standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to Heinz Diekmann GmbH, Stefan Diekmann, Warendorfer Str. 10 59075 Hamm 02381/871270 email@example.com immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
End of the revocation instruction
DISCLAIMER OF LIABILITY
Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.
PROHIBITION OF ASSIGNMENT AND PLEDGING
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.
LANGUAGE, PLACE OF JURISDICTION AND APPLICABLE LAW
The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly consented beforehand. If a third party is used for services in connection with the handling of processing, the provisions of the Federal Data Protection Act will be complied with. The data communicated by the customer in the course of the order are processed exclusively for the establishment of contact within the framework of the contract winding up and only for the purpose, for which the customer made the data available. The data will only be forwarded to the shipping company, which takes over the delivery of the goods in accordance with the order, if necessary. The payment data will be passed on to the bank commissioned with the payment. Insofar as storage periods of a commercial or tax nature apply to the provider, the storage of some data may take up to ten years. During the visit in the Internet Shop of the offerer anonymized data, which do not permit conclusions on personal data and also do not intend, in particular IP address, date, time, browser type, operating system and visited sides, are logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Heinz Diekmann GmbH, Stefan Diekmann, Warendorfer Str. 10 59075 Hamm 02381/871270 firstname.lastname@example.org.
The invalidity of a provision of these GTC shall not affect the validity of the other provisions.