Terms of Service
I. Basic provisions
The contract is concluded with Sebastian Bohry, Pulsnitzer Str. 6a, 01900 Großröhrsdorf, hereinafter referred to as the seller. Further information can be found in the imprint. The following terms and conditions apply to all contracts concluded between the seller and the respective buyer and are expressly recognized with the order. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
II. Formation of the contract
The seller’s offers on the Internet do not constitute a binding offer to conclude a purchase contract, but rather an invitation to place an order (buyer’s offer to buy). You can submit your purchase offer by telephone, in writing, by fax, by email or using the order form integrated in the seller’s online shop. When purchasing via the online order form, enter your personal data and, if necessary, the shipping method and payment method.
Before submitting the order, the customer has the option of reviewing all information again, changing it (also using the “reset” function or canceling the purchase). By submitting the order using the “order for a fee” button, the customer makes a binding offer You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract. The acceptance of your offer (and thus the conclusion of the contract) is made in any case by written confirmation in which the processing of the order or the If you do not receive an order confirmation or notification of delivery within 10 working days, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately. The contract language is German only. Conditions and Terms of Service are saved by the seller. However, the storage is limited, so please make a printout or separate storage yourself. Regardless of this, you will receive all relevant data of the order by email, which can be printed out.
III. Prices, delivery and shipping costs
The prices listed in the respective offers represent final prices. They include all price components including any applicable taxes such as VAT. For cross-border deliveries
in individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and / or duties (e.g. customs duties) must be paid by you, but not to the seller, but to the customs or tax authorities responsible there. The delivery and shipping costs incurred are not included in the purchase price, they are shown in the item descriptions or can be called up via the “Direct delivery service” page and are to be borne by you in addition.
IV. Terms of payment
You have the following payment options: – prepayment by bank transfer, – cash payment on collection, – cash on delivery (plus cash on delivery fee of 21.00 EUR for delivery by forwarding agent). The seller reserves the right to exclude certain payment methods in individual cases. Invoices issued by the seller are due for payment within 7 days. Invoices are only issued from readiness for dispatch.
V. Delivery and shipping conditions
The delivery takes place within Germany (with the exception of German islands) and to Austria. With the exception of cash on delivery, the goods will only be sent to the specified delivery address after receipt of the full purchase price and shipping costs by the seller. The dispatch takes place within 3-5 working days after receipt of payment (or in the case of cash on delivery after notification of readiness for dispatch), provided that no other delivery period is indicated in the order confirmation or the notification of readiness for dispatch. The goods are ready for dispatch within 1-6 weeks. If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate covering transaction for a reason for which the seller is not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately. Consumers are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to report complaints to the seller and the carrier as soon as possible. Your warranty claims remain unaffected. Insofar as you are a consumer, the risk of accidental loss and accidental deterioration of the thing sold only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. If you are not a consumer, delivery and dispatch are at your own risk. It is agreed that if the right of withdrawal applicable to consumers in distance selling contracts is exercised, the consumer will have to bear the costs of the return shipment if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40 euros or if the Consumer with a higher price of the thing at the time of the revocation has not yet made the consideration or a contractually agreed partial payment.
1. The legal regulations apply. 2. In the case of used items, the warranty period deviates from the legal regulation one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health, grossly negligent or willful damage or malice on the part of the seller, as well as claims for recourse according to §§ 478, 479 BGB. 3. As far as the buyer is an entrepreneur, deviating from para. 1: a) Only the seller’s own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. b) The buyer is obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify the seller in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded. c) In the event of defects, the seller provides a guarantee of rectification or replacement delivery. If the rectification of the defect fails twice, the buyer can either request a reduction or withdraw from the contract. In the event of rectification, the seller does not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. d) The warranty period is one year from delivery of the goods. Section 2 sentence 2 applies accordingly.
VII. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must contact us
Firma Sebastian Bohry
Fax: 035952 421184 Tel: 035952 421181
by means of a clear statement (e.g. a letter sent by post, (fax or e-mail) about your decision to cancel this contract. You can use the attached model cancellation form, but this is not mandatory. You can electronically fill in and submit the sample / cancellation form or another clear statement on our website at: http://www.iter-moebel.homepage.tonline.de/Wiederufsformular2014.pdf If you make use of this option, we will we will send you a confirmation of receipt of such a revocation immediately (eg by e-mail). To meet the revocation deadline, it is sufficient for you to notify us send about the exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. We can refuse the 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 immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct 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 nature, properties and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts – for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer – for the delivery of goods that are quick spoil or whose expiration date would quickly be exceeded – to deliver sealed goods that are not suitable for return due to health or hygiene reasons if their seal was removed after delivery; – to deliver goods if they were delivered after delivery Because of their nature, they were inseparably mixed with other goods – for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered at the earliest 30 days after the contract was concluded and whose current value depends on fluctuations in the market on which the entrepreneur does not Has influence, – for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery – for the delivery of newspapers, magazines or magazines with the exception of subscription contracts
VIII. Retention of title
1. The goods remain the property of the seller until the purchase price has been paid in full.
2. If the buyer is an entrepreneur, the following also applies:
a) The seller retains ownership of the goods until all claims from the current business relationship have been fully settled. Before the ownership of the reserved goods is transferred, it is not pledged or assigned as security allowed.
b) The buyer can resell the goods in the ordinary course of business. In this case, the buyer already assigns all claims in the amount of the invoice amount that arise from the resale to the seller who accepts the assignment. The purchaser is also authorized to collect the debt. If he does not properly meet his payment obligations, the seller reserves the right to collect the claim himself.
c) If the reserved goods are combined and mixed, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) The seller undertakes to release the securities to which he is entitled at your request insofar as the realizable value of the securities of the seller exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
IX. limitation of liability
The liability of the seller for slightly negligent breaches of duty is excluded, provided there are no essential contractual obligations (obligations whose fulfillment only enables the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on which you as the customer regularly rely), damage from the breach of life, body or health, guarantees for the quality of the object of purchase or claims under the Product Liability Act are affected. This also applies to corresponding breaches of duty by the seller’s vicarious agents. Liability is limited to the damage that is typical for the contract. For intent and gross negligence, the limitation of liability does not apply.
X. Place of performance, place of jurisdiction
German law applies exclusively, excluding UN sales law. The place of fulfillment for all services from the business relationship with the seller and the place of jurisdiction is the seat of the seller, insofar as the buyer is not a consumer, but a businessman, a legal person under public law or a special fund under public law.