General Terms and Conditions of Business and Consumer Information in the context of purchase contracts made through the Onlineshop between the company Gloning Krantechnik GmbH, represented by the Managing Director Josef Gloning, Im Lachfeld 1, 73495 Stödtlen (hereinafter referred to as the "Seller" getting closed.
§ 1 Scope and general notes
1. Subject to individual agreements and agreements which take precedence over these General Terms and Conditions, the following general terms and conditions shall apply exclusively for the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions will be rejected.
2. The customer is a consumer insofar as he concludes the contract for purposes which can not be attributed predominantly to his commercial or his independent professional activity.
On the other hand, entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
§ 2 Conclusion of contract
1. The contract is concluded with:
Gloning Krantechnik GmbH, represented by Josef Gloning, Managing Director, Im Lachfeld 1, 73495 Stödtlen.
2. The essential characteristics of the goods are determined by the respective product description set by the seller.
3. All offers in the Seller's Onlineshop are merely a non-committal invitation to the customer to submit a corresponding purchase offer to the Seller. As soon as the seller has received the customer's order, the customer is first sent a confirmation of his order to the seller, usually by e-mail (order confirmation). The order confirmation does not constitute the acceptance of the order. Upon receipt of the customer's order, the vendor will check this at short notice and notify the customer within two working days of acceptance of the order (order confirmation). The order process in the Seller's Onlineshop works as follows:
The customer can select products from the assortment of the seller and collect them via the "Add to basket" button in a so-called shopping basket. By clicking on the "Shopping Cart" button, the customer gets an overview of the selected products. After entering the customer data and payment method, the customer can submit a binding request for the purchase of the goods in the shopping cart via the "Buy Now" button. Before sending the order, the customer can change the data entered and the entered data at any time by means of the browser functions "Back" and "Next", which are displayed as arrow keys. The application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the button "Accept terms and conditions". The seller then sends the customer an automatic one
Acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not represent acceptance of the application. The contract is only concluded by the seller's declaration of acceptance, which is sent with a separate e-mail.
§ 3 Subject matter of the contract, nature, delivery, availability of goods
1. The object of the contract is the goods and services specified in the order by the customer and the order and / or order confirmation to the final prices stated in the onlineshop. Errors and mistakes are reserved there, especially as regards the availability of goods.
2. The quality of the goods ordered is based on the product descriptions in the onlineshop. Illustrations on the website may reproduce the products only imprecisely; Especially colors, may deviate considerably for technical reasons. Images are only intended as visual material and may differ from the product. Technical data, weight, measurement and performance description are given as precisely as possible, but may have the usual deviations. The characteristics described here do not constitute defects of the products delivered by the seller.
3. If, at the time of ordering the customer, no copies of the product selected by him are available, the seller shall inform the customer of this in the order confirmation. If the product is not permanently available, the seller will not accept an acceptance declaration. A contract is not concluded in this case.
4. If the product designated by the customer in the order is only temporarily unavailable, the seller also immediately notifies the customer in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to terminate the contract. In this case, he will refund any payments already made by the customer without delay.
§ 4 Delivery, Prices, Shipping Costs
1. Delivery to the shipping company takes place no later than two days after receipt of payment, at the latest two days after the order confirmation. The delivery time is up to five days. The Seller shall refer to the respective product page for any differing delivery times.
2. Delivery is only within the EU.
3. All product prices are net prices plus VAT. The prices shown are
Final selling price plus shipping and packaging costs. The customer receives an invoice showing VAT.
§ 5 Payment
The payment is currently only in advance or PayPal.
§ 6 Transport damages
1. If goods are delivered with apparent transport damage, the customer is requested to immediately report these errors to the supplier and to contact the seller as soon as possible.
2. Failure to make a complaint or to make a contact has no consequences for the statutory warranty rights of the customer, but helps the seller to assert his own claims against the freight carrier or the transport insurance.
§ 7 Non-performance guarantee
1. The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise specified below.
2. The limitation period for warranty claims of the customer is 2 years for newly manufactured items, 1 year for used items. The limitation period for newly manufactured items and for used items is 1 year. The abovementioned shortening of the limitation periods does not apply to damages claims of the customer due to injury to life, body, health as well as to claims for damages resulting from a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. The abovementioned shortening of the limitation periods shall also not apply to claims for compensation which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. The right of recourse under § 478 German Civil Code (BGB) is also applicable to entrepreneurs, except for the reduction of the limitation periods.
3. A guarantee only exists if the goods delivered by the supplier are expressly stated in the order confirmation of the respective article. Goods with warranties and / or assured characteristics are not guarantees / assured characteristics within the meaning of Sections 443, 444 and 639 German Civil Code (BGB).
4. Complaints and claims for defects can be made under the conditions set out in the
§ 8 Reservation of title
The goods delivered remain the property of the seller until full payment has been received.
§ 9 Liability
1. Seller's total liability is limited to 100% of the value of the goods, including liability claims and repayment claims of any kind whatsoever, such as e.g. Breach of contract, tort, detention, breach of warranty, or any other cause or action.
The seller is not liable for other damages, eg for loss of profit, for production loss, for other indirect damages or for damages to objects processed. The foregoing liability provisions shall also apply to the suppliers, licensors and other vicarious agents of the buyer involved. The above liability provisions do not apply to claims arising from default and non-liability.
2. Exclusion from liability under the provisions of clause 1 are claims for damages resulting from a breach of life, body, health and damages resulting from the violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. Liability for damage caused by an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents is excluded from the exclusion of liability.
3. Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 10 Prohibition of assignment and pledge
The assignment or pledge of claims or rights against the supplier against the supplier is excluded without the consent of the supplier, provided the customer does not prove a justified interest in the assignment or pledge.
§ 11 Offsetting
A right of set-off of the customer exists only if his claim for set-off has been legally established or is undisputed.
§ 12 Revocation instruction for consumers
1. Right of revocation
Customers who are consumers have the right to revoke this contract within fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which the customer or a third party you have named who is not a carrier is or has been the last commodity. In order to exercise your right of revocation, the customer must inform the seller, Gloning Krantechnik GmbH, Im Lachfeld 1, 73495 Stödtlen, phone: 07964/33 090-0 Telefax: 07964/33 090-40, E-Mail: email@example.com By means of a clear statement (eg a letter, facsimile or e-mail sent by mail) about the decision to revoke this contract. He may use the enclosed sample revocation form, but this is not required. In order to maintain the revocation period, it is sufficient that he send the notification of the exercise of the right of revocation before the end of the revocation period.
2. Consequences of the revocation
If the Customer revokes this Agreement, the Seller shall repay all payments received by the Seller from the Customer, including the cost of delivery, forthwith and within fourteen days from the date on which the notice of revocation of this Agreement has been received by the Seller. For such reimbursement, the seller uses the same payment method that the customer used in the original transaction, unless the customer has expressly agreed otherwise; In no case will any charges be charged for such repayment. The seller can refuse the repayment until he has returned the goods.
The customer has to return the goods to the seller immediately or in any case no later than fourteen days from the date on which he informed the seller of the cancellation of this contract. The deadline is respected when the customer sends the goods before the end of the deadline of 14 days. The return directly at the seller is free, the cost of the return has to be borne by the customer himself.
3. Sample revocation form
If the customer wishes to revoke the contract, he can complete the following form and send it back to the seller.
- Gloning Krantechnik GmbH, Im Lachfeld 1, 73495 Stödtlen, Germany Telephone: 07964/33 090-0 Fax: 07964/33 090-40, E-Mail: firstname.lastname@example.org
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
- Appointed on (*) / received on (*)
- name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate
4. Exclusion of the Right of Withdrawal
The right of revocation does not exist with contracts for the delivery of goods, which are made according to customer specifications or are clearly tailored to the personal requirements or which are not suitable for a return due to their nature or which can spoil quickly or whose expiry date has been exceeded. Furthermore, the right of withdrawal does not apply to contracts with entrepreneurs.
§ 13 Contract text
The contract text is stored on the seller's internal systems. The customer can always see the general terms and conditions in his customer account. The order data and the terms and conditions are sent to the customer by e-mail. Once the order has been completed, the ordering data are no longer accessible via the Internet for security reasons.
§ 14 Final Provisions
1. The contract language is German. The english version is only for understanding.
2. The laws of the Federal Republic of Germany apply to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only if the protection granted by mandatory provisions of the law of the State of the habitual residence of the consumer is not withdrawn from the customer.
3. If the customer is a merchant, a legal person of public law or a public-law special fund, the court of jurisdiction for all disputes arising from contractual relations between the customer and the seller is the place of business of the seller. This also applies if the customer does not have a general court of jurisdiction in Germany or the EU, or his place of residence or his habitual residence is not known at the time the action is brought