General Terms and Conditions

Björn Wiedemann, hereinafter referred to as “we” or “us”.

Scope
Contractual partner, conclusion of contract, correction options
Contract language, storage of contract text
Delivery conditions
Payment
Right of withdrawal
Retention of title
Transport damage
Warranty and guarantees
Liability
Dispute settlement
Final provisions
Copyright

1. Scope of application

The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Björn Wiedemann.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. If the store system is active, you can initially place products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

If the store system is inactive, please send a non-binding purchase request.

We accept your offer by issuing a declaration of acceptance in a separate email or, if applicable, by executing the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).

The relevant alternative for you depends on which of the events listed occurs first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our General Terms and Conditions in text form.

4. Terms of delivery

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers and on the information page on shipping costs.

You generally have the option of collecting the goods from Björn Wiedemann, Breiter Weg 28, 39288 Burg (DE). A prior appointment is necessary for this.

5. Payment

The following payment methods are generally available:

Prepayment
If you choose prepayment, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

PayPal

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Cash payment on collection
You can pay the invoice amount in cash on collection.

6. Right of withdrawal

Consumers are generally entitled to the statutory right of withdrawal. Further information on this can be found in the withdrawal policy.

7. Retention of ownership

The goods shall remain our property until payment has been made in full.

For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

9 Warranty and guarantees

9.1 Warranty for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.

Restrictions on entrepreneurs

Gegenüber Unternehmern gelten als Vereinbarung über die Beschaffenheit der Ware nur unsere eigenen Angaben und die Produktbeschreibungen des Herstellers, die in den Vertrag einbezogen wurden; für öffentliche Äußerungen des Herstellers oder sonstige Werbeaussagen übernehmen wir keine Haftung. Für Unternehmer beträgt die Verjährungsfrist für Mängelansprüche bei neu hergestellten Sachen ein Jahr ab Gefahrübergang.

Die gesetzlichen Verjährungsfristen für den Rückgriffsanspruch nach § 445a BGB bleiben unberührt.

Regelungen gegenüber Kaufleuten

Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.

in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the event of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

11. Dispute resolution

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final regulations

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Copyright

The content and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any type of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use.

If the content on this page was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, we ask you to notify us accordingly. If we become aware of any infringements, we will remove such content immediately.

Stand der AGB: 07.12.2023