Terms and conditions under purchase agreements between Stefan Gorzo, Eisenbahnstr. 13, 21680 Stade – hereinafter “provider” – and the respective buyer – the following “customer” – are closed.
Section 1 Scope, Definitions
1. The following General Terms and Conditions apply to the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”) in their version valid at the time of ordering. Deviating terms and conditions of the customer shall not be accepted unless the supplier expressly agrees to their validity.
2. A consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal rights which, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of the contract
2. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print via the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the application. The contract is only concluded by the supplier’s declaration of acceptance, which is sent with a separate e-mail (order confirmation). Exceptions are payment options with immediate payment methods (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Instant Transfer). If you have chosen such a method of payment with immediate payment, the contract will be concluded at the time of your confirmation of the payment order. If you have chosen the payment method prepayment, the contract is already concluded if you receive a payment request with the corresponding bank details before the declaration of acceptance by us. With this request for payment, we accept your offer.
3. The provider saves the contract text and sends the order data to the customer by e-mail. The terms and conditions of the provider can be viewed by the customer at any time also under https://phasetrigger.com/agb/.
Section 3 Delivery, Shipping, Payment
The delivery period begins on payment by prepayment on the day after the payment order is issued to the transferring credit institution or, in the case of other payment methods, on the day following the conclusion of the contract and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the State at the place of delivery, the next working day shall replace such a day.
§ 4 Reservor of title
Until full payment has been made, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
1. The prices shown on the website of the provider are final prices plus Shipping.
2. All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.
3. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
4. The goods are shipped by DHL. The shipping risk is borne by the supplier if the customer is a consumer.
Section 6 Payment modalities
1. The customer can make the payment by the following methods: prepayment or Paypal.
2. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment according to the calendar is determined, the customer is already in default by missing the date. In this case, he must pay the provider default interest of 5 percentage points above the base interest rate.
3. The customer’s obligation to pay default interest does not preclude the claim of further damage caused by delay by the provider.
Section 7 Warranty of defects, warranty
1. For all goods from our shop, the statutory warranty rights exist.
2. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. Bgb. In relation to entrepreneurs, the warranty obligation on goods delivered by the supplier is 12 months.
3. An additional guarantee exists for the goods delivered by the supplier only if this has been expressly stated in the order confirmation for the respective item.
§ 8 Liability
1. Claims of the customer for damages are excluded. This excludes claims for damages by the customer from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or gross damage resulting from intentional or gross Negligent breach of duty on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those that are necessary to achieve the objective of the Treaty.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless the customer’s claims for damages arising from a violation of life are , the body or health.
3. The limitations of the paragraph 1 and 2 also apply in favour of the provider’s legal representatives and vicarious agents if claims are made directly against them.
4. The provisions of the Product Liability Act remain unaffected.
Section 9 Notes on Data Processing
Section 10 Code of Conduct
The seller has submitted to the test criteria of The Tested Webshop, which can be viewed on the Internet under https://www.gepruefter-webshop.de/files/6214/5260/7929/Pruefkriterien_Stand_01.2016.pdf.
Section 11 Final Provisions
1. Contracts between the supplier and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Sale of Goods. In the case of orders from consumers from abroad, mandatory regulations or the protection afforded by judges to the respective country of residence shall remain in force and apply accordingly.
2. Insofar as 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 contractual relationships between the customer and the provider shall be the registered office of the Provider.
3. The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. Instead of the invalid points, if any, the legal requirements will be set. However, to the extent that this would be an unreasonable hardship for a contracting party, the contract becomes ineffective as a whole.
4. The contract language is German.
These Terms and Conditions have been prepared by www.gepruefter-webshop.de and are regularly checked for legal certainty. In the event of a warning, The Tested Webshop assumes full liability for the legal texts created.
Information on the Waste Equipment Ordinance
Act on the placing on the market, withdrawal and environmentally sound disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act – ElektroG)
Note on the Electrical and Electronic Equipment Act (ElektroG):
Please dispose of waste equipment at a municipal collection point, as required by the legislator, or hand it over free of charge at the local trade. The disposal of household waste is expressly prohibited according to the Waste Equipment Ordinance! Devices received from us can be returned to us free of charge after use by sending them back by post to the address indicated in the imprint. pollutants are marked with the symbol of a crossed garbage can. You will also find these notes again in the accompanying documents of the shipment or in the manufacturer’s user manual.
In principle, the following payment options are available to you to pay for your order:
Payment by prepayment
After receiving the order confirmation and the invoice number contained therein, you can pay for your order in advance. As soon as the purchase price has been received in our account, the goods will be shipped to you.
Payment via PayPal
PayPal payment method allows you to pay securely, easily and quickly in online shops. The purchase amount will be transferred immediately to our bank account. This way you get your goods even faster. A user account registered with PayPal free of charge is a prerequisite for payment with PayPal. For more information about PayPal and how to sign up, see http://www.paypal.de/.