Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Reservation of title
- Liability for defects (guarantee)
- Liability
- Applicable law
- Jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Arsolid GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Client”) with the Seller with regard to the goods presented by the Seller in his online shop. This is thereby objected to the inclusion of the customer’s own conditions, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of his commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After having placed the selected goods in the virtual shopping cart and passed through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the order process. Furthermore, the customer can also submit the offer to the seller by e-mail or by telephone.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in writing (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods at the customer is decisive, or
- by asking the customer to pay after submission of his order.
If several of the aforementioned alternatives are met, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer has dispatched the offer and ends at the end of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a refusal of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and the customer is stored in text form (e.g. B. e-mail, fax or letter). The seller does not make any additional access to the contractual text. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.5 Before the order is binding via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which enables the display on the screen to be enlarged. The customer can correct his entries with the usual keyboard and mouse functions as part of the electronic ordering process until he clicks on the button, which completes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or from third parties commissioned by the seller with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal results from the seller’s notice of withdrawal.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices containing the statutory value added tax. If applicable, additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.3 If prepayment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed to a later due date.
5) Terms of delivery and shipping
5.1 If the Seller offers the shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the customer, unless otherwise agreed. When the transaction is processed, the delivery address stated in the order processing of the seller is decisive.
5.2 If the delivery of the goods is responsible for the customer, the customer shall bear the reasonable costs incurred as a result. This does not apply with regard to the costs of sending the customer effectively exercises his right of withdrawal. In the case of the customer, the provision made in the sake of revocation in the seller’s notice of revocation applies to the return costs in the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred to the customer or a person entitled to receive it. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold shall already be transferred to the customer, as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated the shipment, if the customer has not commissioned the carrier, the carrier or the person or institution otherwise designed for the execution of the shipment.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or incorrect self-delivery. This applies only in the event that the non-delivery is not responsible for the seller and has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 If the seller offers the goods for collection, the customer may pick up the ordered goods within the business hours specified by the seller at the address indicated by the seller. In this case, no shipping costs will be charged.
6) Reservation of title
If the seller makes advance payment, he reserves the right to ownership of the delivered goods until the purchase price owed has been paid in full.
7) Defectual liability (guarantee)
Unless otherwise provided by the following regulations, the provisions of statutory liability for defects apply. Deviating from this applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects one year from delivery of the goods;
- the rights and claims for defects are excluded for used goods;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 When the customer is traded as a consumer, the customer shall be deemed to be charged with the restriction of the following item: The limitation period for claims for defects is one year from delivery of the goods, if this has been expressly agreed between the parties separately and separately contractually and the customer was informed of the reduction of the limitation period before submitting his contract.
7.3 The above limitations of liability and reductions in deadlines do not apply
- for claims for damages and reimbursement of expenses of the customer,
- in case the seller has fraudulently concealed the defect,
- for goods which have been used for a building according to their usual use and whose defectiveness have caused,
- for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.4 In addition, the statutory limitation periods for an existing statutory right of recourse remain unaffected for any statutory right of recourse.
7.5 If the customer acts as a merchant within the meaning of S.d. 1 HGB, the commercial inspection and notification obligation pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to provide the notification obligations regulated there, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the delivery agent that has been delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, contractual and statutory, also tortious claims for damages and replacements for expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this respect,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is licensed in accordance with the above figure. Essential contractual obligations are obligations that the contract imposes on the seller in accordance with its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
8.3 In all other respects, liability of the seller is excluded.
8.4 The aforementioned liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Applicable law
All legal relationships of the parties are subject to the laws of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract of the customer’s professional or commercial activity can be attributed. In the above cases, however, the seller is entitled in any case to appeal to the court at the customer’s registered office.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
